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HomeMy WebLinkAbout2009 07-07Meridian Citv Council Meeting July 7, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 7, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Jeff Lavey, Bill Johnson, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call this meeting to order. Thank you for being here this evening. For the record it is Tuesday, July 7th, at 7:00 o'clock. I'll start tonight's meeting with roll call attendance Item 2: Pledge of Allegiance: De Weerd: Item 2 is the pledge of allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Randy Cook with Meridian First Baptist Church: De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Randy Cook. He is with the Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for being here. Cook: Thank you. Heavenly Father, we thank you for the many ways that you have blessed us individually and especially this time of year as we think of our nation. We thank you for the good work and the foundation that was laid by our founding fathers. Thank you for that experiment in democracy which has served us so well for so long and thank you for an opportunity tonight for these public servants who continue in that train. Thank you for their dedication to the task, thank you for the time and energy that they have expended to do a good job. May it be honoring to you and may it be helpful to the citizens of this city and we thank you so much for the progress that is evident all around us and just ask now that you would guide in their thinking and their discussions, Meridian City Council July 7, 2009 Page 2 of 23 may they think clearly and express themselves precisely and may this meeting go well for your honor and glory. Thank you in Jesus' name, amen. De Weerd: Thank you so much. Have I given you a City of Meridian pin? Cook: Not yet. De Weerd: Then I give this to you for joining us this evening and I think I'll maybe give you two of them, so your wife, who also earned it, can have one. Cook: We will wear it in pride. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple of modifications to make to the agenda. On the Consent Agenda, Item 5, number K is being withdrawn, so that's not on the Consent Agenda for tonight. Under Department Reports, Item 6-A-1, the resolution number is 09-674. Under regular business, Item 12, there has been a request to continue that to our regular meeting next week, July 14th. And those are the only changes. With that I move we adopt the agenda as changed. Hoaglun: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 16, 2009 City Council Workshop Meeting: B. Approve Minutes of June 23, 2009 City Council Regular Meeting: C. Sanitary Sewer and Water Easement Agreement for Trade Plaza No. 1 by Trade Plaza Subdivision Development, LLC: D. Temporary License Agreement with Flatbread Community Oven, Inc. for Patio: Meridian City Council July 7, 2009 Page 3 of 23 E. 2009 SRO Contract: F. Approval and Award of Contract for City Hall Security Cameras and Installation with APEX Integrated Security Solutions for $34,350.00: G. Additional Services No. 1 with JUB Engineers for Ten Mile Road -Franklin Road to Cherry Lane Improvement Project in Conjunction with ACRD Project Number 504003 for $6,451.00: H. Task Order No. 10008 with HDR Engineering, Inc. for Heroes Park Pond Liner Replacement & Reclaimed Water for $37,957.00: I. Contract with A.M.E. Electric, Inc. for PRV SCADA Installation for $55,955.00: J. Initial Point Gallery Acceptance Agreement -Joni Frey: K. Memorandum Agreement Amendment to Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: L. License Agreement and Usage Fee with Union Pacific Railroad for Use of Right of Way for $3,480.00: M. Amendment to Development Agreement: MDA 08-008 Request to modify the Development Agreement for Knight Skv Estates by Sea to Sea, LLC - 6555 North Linder Road: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously mentioned, Item K is being removed. The Consent Agenda ends with Item M as in Mary, and with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, if there is no discussion will you, please, call roll. Meridian City Council July 7, 2009 Page 4 of 23 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Resolution No. Reappointment of Carol Harms to Historic Preservation Commission: De Weerd: Item 6 under Department Reports. Council, you do have a resolution in front of you for the reappointment of Carol Harms for the HPC. She has served the HPC for a number of years, has been a contributing member, and it is with the Commission's blessing and that of my own that I bring this to you tonight and ask for your approval of this reappointment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution 09-674, the reappointment of Carol to Historic Preservation Commission. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Police Department: 1. Byrne Grant Memorandum of Understanding: De Weerd: Item B. In front of you, you do have a memorandum from our esteemed chief of police and he is with us tonight, so I'll turn this over to him. Lavey: Madam Mayor, Council, in front of you is a memo that I prepared earlier today and just highlights the reason why I'm here today. And as you recall, several weeks ago Meridian City Council July 7, 2009 Page 5 of 23 I was in front of you asking for the Mayor's signature on a memorandum of understanding for a Byme grant and there is some additional funds that have come to light and are available to the city. The previous one was 133,000 dollars and this one that we are talking about today is an additional 33,000 dollars in funds and what I'm asking today is for your approval and the Mayor's signature on the Memorandum of Understanding that I believe either the clerk has or it might be in front of the Mayor by now and, basically, what we are going to do is attach these monies with the rest of the monies and upgrade our record management system. And I have kind of highlighted that process in front of you, the amount of money that we are facing, the reasons for it, as far as sharing of key information, making it a more user friendly system and that's what I'm here for today. And with that I will take any questions. De Weerd: Thank you, chief. Any questions from Council? Bird: I have none. Rountree: No. De Weerd: Okay. Thank you. Lavey: Thank you. De Weerd: Council, I would need a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the Memorandum of Understanding for the Edward Byrne Justice Assistance Grant and authorize the Mayor to sign and the Clerk to attest for an amount not to exceed 100,000 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion Carried. MOTION CARRIED: ALL AYES. C. Planning Department: 1. Sign Ordinance Update: Meridian City Council July 7, 2009 Page 6 of 23 De Weerd: Item 6-C is our Planning Department to discuss the sign ordinance update. Friedman: Thank you, Madam Mayor, Members of the Council. There are a couple of things I wanted to discuss with you tonight. The first has to do with temporary signage and sign permit limitations currently placed on those and, then, the second one is an update on schedule for the entire sign code update. So, with your permission I think I'd like to address the temporary signs first. We have had some communication in the last few weeks regarding the present time limitations that we place on temporary signs. Currently you can -- or a business owner can apply for a temporary sign in segments of 15, 30, 60, or 90 days, but the total amount of time that a temporary sign is allowed to be erected within a given year by a business is 90 days. And there has been some concern raised that given some of the tough economic times we are in, that it is not favorable to business to have those signs removed in 90 days and so there was the thought on how the city might be able to provide some relief to that code requirement. We've talked around upstairs while we have also been working on the draft sign code and we have a recommendation to you that would require a UDC text amendment and that would be to, essentially, double the amount of time that a temporary sign could be erected within the city to a maximum of 180 days. That would also pretty well coincide with the schedule that we are on right now for drafting and processing and deliberating a new sign code. So, that would be the first recommendation that we would have for you and I have outlined it on your screen up there. The second one would be to, essentially, remove the time limitation all together, but still require a permit for tracking purposes. Our concern with that is you remove the time limitation even for a temporary period of time, not knowing, of course, how the sign code is going to be drafted and it might be tough to get that Jeanie back in the bottle if people get used to being allowed to have temporary signs up indefinitely. But we still believe that if that's the direction Council chooses to go, there should be a permit system for that, so we can at least track them -- track the ones that are out there. I think in either case you're probably going to see an increase in the number of temporary signs in the city. So, those are our recommendations regarding the temporary sign interim measure and, then, they will be addressed in more detail in the full sign code update, which I will move- onto when we finish this topic. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Pete, my preference would be not to put a time limit on it, but also I think you're a hundred percent right, they should have to get a permit, so we can track and make sure they are a decent sign. We don't want something, you know, just slapped up. So, I would be in favor of that. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council July 7, 2009 Page 7 of 23 Rountree: Pete, with the 180 days, if that's the direction we go, would that ultimately be reflected in the revised sign ordinance or would we move back to the 90 days? What are your thoughts there? Friedman: Madam Mayor, Council Member Rountree, Council Members, I can't answer that question, because I have not been involved in drafting of the sign code. I can find that out for you. Anna put this together today. I know she's been working intimately involved with that code. So, I'm not sure where they are going right now with temporary signs on that. De Weerd: I guess, Mr. Rountree, it would need to be part of a public hearing process. You know, this is just temporary and I feel that if Council believes it's the direction to go, as long as it's temporary we can move forward with it, without all of the public hearing processes, because there is always multiple angles and multiple sides to these kind of issues that I think by state code you should, when you change ordinance, you need to have that opportunity for public comment. Rountree: Madam Mayor? De Weerd: Yes. Rountree: If it is temporary in nature, what's the time window? Friedman: Madam Mayor, Council Members, either -- either direction you choose -- if you choose to amend, the present code stills requires a public hearing from planning and zoning and a recommendation to you. If we have some direction tonight, we -- in order to get on the August 6th hearing we can get into the clerk's office by Thursday, get an application in, have a hearing on August 6th before P&Z and probably bring it to you first meeting, second meeting in September. That's for the temporary fix that we are looking at. And, then, when -- I can give you an update on the overall sign code. I have got aschedule -- full schedule laid out on that for you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: My real question was -- though I would have asked that as well, Pete, but what's the duration of the temporary nature? Friedman: We are hoping the schedule that we have prepared for the sign code update is looking at December 28th adoption of a new sign code, so -- Rountree: So, it would be in effect until then? Friedman: Yes. Meridian City Council July 7, 2009 Page 8 of 23 Rountree: Okay. And to the two solutions you suggested, I would favor the 180 days. It seems to me if you don't have a limit, then, it's a permanent sign. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I support that as well. I was on the committee that wrote the code that was adopted with the UDC, although there have been some adjustments made to it since then. But we clearly intended to have a distinction between temporary signs and permanent signs and having a sign plan for large developments kind of gets lost if there is no time limit on the temporary signs. So, my instinct is to stick with the 90 day time period, but I understand the temporary current need to be flexible in that and I could support the 180 days. But I would not be in favor of waiving that time limit entirely. De Weerd: Okay. Any other comments from Council? Pete, do you have direction to move this process forward? Friedman: Madam Mayor, we do. We will submit our application to the clerk on Thursday for transmittal and we will aim to have it -- this language before Planning and Zoning for hearing in August and, then, onto you in September. De Weerd: Thank you. Can you outline the process and get that to Council for their reference? Friedman: Certainly. De Weerd: Okay. Thank you. Okay. Friedman: Madam Mayor, Council, the second item related to signs now is the schedule that we have laid out for the amendment to the -- to the sign code. Anna, Christie, and Emily have been working on it in earnest for some time now and as you can see they are closing in on what they feel will be the final rough draft that will be submitted to the Mayor for discussion of committee recommendations. We are looking at having a rough draft fully prepared by the 21st of this month, setting an initial committee meeting, of having meetings through August and September, submitting the sign code amendment, follow through the process, hopefully, with a hearing on November 5th of this year, bringing the recommendation to Council -- Mayor and Council on the 1st of December and, then, planning on hearings between the first week and the latter part of December for additional hearings if necessary with a target date for adoption of December 28th. De Weerd: Thank you. Any questions from Council? Rountree: No. Meridian City Council July 7, 2009 Page 9 of 23 Bird: None. De Weerd: Okay. Thank you, Pete. Friedman: You're welcome. D. Purchasing Department: 1. Water Feature Discussion: De Weerd: Item 6-D is our Purchasing Department. Keith. Watts: Good evening, Madam Mayor and Council Members. Tonight I want to discuss with you the water feature stone replacement for the canal and the river waterfall features out front. I had asked Steve Christensen from LCA to be there, he had double booked tonight and apologized. He did send me some narrative, which we have discussed with him in the past. One of the main things I want to do is bring up a sample tonight and let you take a look at it. I'll set it up on the dias in just a second of what they have come up with. In Steve's notes that he sent us they do state that the original specifications called for 5,000 psi concrete mix. After field review and discussion with the subcontractor, LCA has come to the conclusion that it was probably best that we go with a 3,500 for the reasons stated in his memo that has just been passed out. They have added an integral waterproofing element to the mix and we had two samples made for us. The first one they ran with a gray concrete mix and the coloring did not come out as we would have hoped. It had a lot of gray in it -- I will show you both of those samples. And, then, they used a white Portland cement to mix the second time and it looks much more like the color that we have out front. The cap placement, they are proposing that a smooth surface concrete block -- it won't have the split face, which is believed to be flaking and crumbling of the stone as it is out there now. The original specification also called for gray, not the yellow mix that we got and the contractor is asking for the city to pay for the coloring if we wished to do so again, rather than producing the gray and the as of for the yellow color is 4,133 dollars if we choose to go with yellow. We just -- or I just assumed that you would want to stick with what we were accustomed to and we are used to out there. The original design there was just making it match the seating throughout the amphitheater and the front seating around the two main ponds. With that I'll bring this sample up and let you take a look at it and answer any questions you may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Keith, don't leave yet. On the -- on the color how did it tum out yellow to start with? Meridian City Council July 7, 2009 Page 10 of 23 Watts: It was just suggested by -- I'm not sure if it was Petra or LCA that the color was added to the stone to make it match the building and the contractor agreed to do it at no additional charge. This was way after the bids had already been opened and awarded. Bird: We didn't pay anything extra for it at that point? Watts: We did not, sir, no. Bird: The original specification called for 5,000 -- Watts: Correct. Bird: -- psi and now they want to put 3,500 psi in place of it? Watts: That is correct. Bird: And I do understand why they want to do. But I -- they are -- they are replacing it not because of the city's fault. Watts: None whatsoever, sir. Bird: So, what they are replacing should be replaced with like material and I mean that's color. We allow the 3,500 psi, but the like color. I don't know how the rest of these guys feel, but I think that color is an attraction to that water feature and I don't want to see a dull gray out there. Hoaglun: Madam Mayor? Bird: And I don't want to pay extra. De Weerd: Yes, Mr. Hoaglun. Hoaglun: Question for Keith or Pete. That change from the 5,000 to 3,500 psi concrete, I'm sure there is a savings for them in that change and it sounds like the 3,500 will be adequate for its purpose. But with that change and the savings I think that cost, as Councilman Bird pointed out, we want what we have, but without the problems. So, I think that might be something that would work. Watts: Excuse me, Mr. Hoaglun. I do believe that I could discuss it with all the parties involved. I don't think the original contractor will take all that difference, but I would hope that between LCA and Petra and the contractor they could work something out between the three of them that we move forward with, if that's your recommendation. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 7, 2009 Page 11 of 23 Rountree: My comment is that we have what we have and it didn't work. That's what we agreed to. We have what we are going to get in kind that will work. Now, whether it's 3,500 or 5,000 psi, I don't know what else we are going to have in the way of add mixture, but they got to be real careful with air entrainment and all those kinds of things and I would hope that the specifications that are finally agreed upon are run through probably a test lab to make sure that we don't get spawing and cracking, bleeding of the color and all of the kinds of things that we have already put up with once and that we don't need to put up with again. And in my opinion it's -- they fix it and they fix it right at no cost to the city. Watts: Yes, Mr. Rountree. I would also like to remind you that when this was originally constructed, neither the architects nor the construction manager remembered to get a sample before they let them put this into the building. So, there were no -- no samples brought to them, as with every other project that we have put into the building, it got missed. I'm afraid that's probably where their process control and their reliability went down. De Weerd: Well -- and they set the trend. Bird: That's right. De Weerd: I mean the first time they let it go by and go by and go by and go by. I mean it's -- it became the practice and they set that up. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Keith, I also believe that we should have at their cost an independent test lab, not one that they pick. Watts: Yes, sir. Tom Johnson from the Public Works Department actually took it upon himself and we did go to an independent inspector and testing facility this time. We used our own instead of theirs. Bird: Okay. With the sample that they provided. Watts: Correct. Bird: Okay. Watts: We will verify this with LCA and make sure that they sign anything off before anything happens and I will ask that LCA be responsible for the process control and the liability of the new product. I'd like to bring it up and let you take a look at it. I took it out and set it out there a couple days ago and it doesn't look too bad, actually. Meridian City Council July 7, 2009 Page 12 of 23 De Weerd: We'll let Mr. Bird test it. Rountree: Don't drop it on your toe. Zaremba: That's the test, isn't it? Drop it on your toe? Bird: I think it's great. I like the color, but -- De Weerd: That's nice. Bird: -- I absolutely don't want gray. Watts: The first sample they gave us had a rounded edge and I think that's probably what we should have. Bird: That's not hard to do, though. Yeah. I like that edge. Rountree: I don't know that it needs to be on the side, but, yeah, I think that would be -- yeah. Watts: Here is a sample of that color. It does match fairly closely what's out there. Bird: Better than that thing you got in your hand. Watts: Yeah. And this is the first yellow stone. Rountree: It's been a few years ago, but prices have come down quite a bit, but color in concrete at ten cents a foot is down, so that 4,000 dollars seems rather extraordinarily high to me. Bird: They are just trying to get some of that material that -- Watts: I'm through the contractor asking for it. I was surprised that I did not get an offer from LCA or Petra to step up and take charge of that, since it was -- De Weerd: What did you say? You were surprised? Watts: Well, Iguess Ijust -- Bird: Better not go any farther. De Weerd: Yes. Anything further, Mr. Watts? Watts: No. Nothing. Meridian City Council July 7, 2009 Page 13 of 23 De Weerd: Okay. Watts: Oh, I do have one more thing. I'd like to let you know that Tom Johnson did have a final walk through with Petra and LCA on the exterior of the building Friday. We have a verbal sign off of all the exterior punch list items. I still don't have it in writing, but it should be coming shortly. Bird: I heard that about six months ago. De Weerd: You have a verbal punch list? Watts: Well, a verbal okay. They walked the building, everything that was on the punch list was actually checked off this time and completed and I'm just waiting to get an official letter from Petra saying that it actually took place. De Weerd: Okay. Thank you. Council, any further questions? Bird: I have none, Mayor. De Weerd: Thank you very much, Mr. Watts. Watts: Thank you. E. Public Works Department: 1. Discussion on Well 27 Right of Way: De Weerd: Okay. The last item under Department Reports is our Public Works Department. Warren. Stewart: Madam Mayor, Members of the Council, this is just for informational purposes, I guess, bringing this forward. Actually, at a future date if there is a purchase agreement made, that purchase agreement will come before you for your approval. We wanted to provide you with some information. This is in regards to our well lot for well number 27 on Ten Mile Road. About a year ago it's my understanding that the city purchased that well lot and now as a part of the Ten Mile project -- widening project ACHD wants to acquire a portion of that lot for right of way purposes. Just to let you know, we did know that that right of way take was going to occur or that they were going to request that when the well lot was purchased, so the well lot was purchased of adequate size, so that even with the right of way take there is plenty of room for our well and our facilities there. Just a few other issues, I guess, that there is a concern, which is up for I guess you guys to decide whether or not there should be -- ACHD should be purchasing that lot or whether the city should donate that. I believe it's ACHD's position that those -- in these kind of situations that municipalities generally, you know, grant that or donate that right of way. That's entirely up to you, but we wanted to let you know that there is adequate room for our facilities, even after that right of way taking -- takes Meridian City Council July 7, 2009 Page 14 of 23 place. The right of way take that they are requesting -- our property line -- the description for our property actually goes to the center line of the road and that -- so, they, essentially, have a prescriptive right of way across part of our properly anyway and so the right of way take that they are asking for, a portion of that is already prescriptive right of way, the rest of it would be actually land that's outside of the prescriptive right of way. And I guess with that I would certainly answer any questions that you may have with regards to that. De Weerd: I guess, Warren, my question, too, is in -- in the case where it's an ACHD road project and they have to disturb our facilities as part of that process, we have to pay for it. Stewart: You're talking about the utilities in the road like water and sewer lines. That is, in fact, correct. ACHD's opinion is that we are a guest within their right of way and that if they need to have our facilities relocated because they are either lowering the road or putting in storm drain systems or whatever, that it is our responsibility to move our facilities at our cost. So, there is some -- an issue here that we are granting them the right of way and giving it to them or if we decide to do that, we would be gifting them the right of way and, then, they would consider us a guest within that right of way and we would have to move our facilities if -- if they needed us to move them and it would cost -- we would have to pay for the relocation of our water and our sewer infrastructure if that was necessary. De Weerd: And that would be my concern. Stewart: Yeah. And certainly, you know, it seems to be one way a little, but we wanted to bring these issues forward for your consideration as we move forward and try and come up -- ACRD certainly wants to acquire the right of way and what type of agreement you eventually decide to strike with them will eventually come before you, but these are some of the issues that we probably should consider. De Weerd: Council, any questions, comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You know, part of me says make them pay, but, in reality, I think we ought to be above that. I can see us allowing them to use the right of way and ultimately donating it, but I would like to make sure that the record is clear and I would like them to bear all of the costs of the surveying work involved, the lot descriptions that need to be written, the filing in the courthouse of all the legal descriptions and lot descriptions, so it's clear that it becomes their right of way. I would also like to make sure that we have adequate access. I like to see the whole frontage of that lot have curb cut. We don't ever know when we have to either go in and totally rebuild or repair that well and one curb cut might not be sufficient to handle getting a drill rig in there or get any other kinds Meridian City Council July 7, 2009 Page 15 of 23 of rigs in there to do the work. So, I would want our accommodations for care and maintenance of that site, you know, including the roadway and the adjoining sidewalk. I would also like to see the ACHD have to pay for the fencing that would be required and any sidewalk facilities that would be -- that there would be no question that that would be part of the transaction. And none of that comes cheap. There would be an expense to them. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would agree with Councilman Rountree. It seems to me it's appropriate the city should donate the land part of -- that they need, but if they were having to buy the property from a private owner, they would pay all of those expenses that President Rountree mentioned. What they are saving here is the cost of the land and I'm happy to do that, but I think they should pay the other expenses. Stewart: Madam Mayor, Members of the Council, one thing that -- there is one issue that Councilman Rountree brought up and that is the access. One of the things that we did acquire, just as a matter of consideration, we were able to obtain from ACHD two access points to this lot, which is not generally in their policy to allow us to do that and they did grant us two accesses and it actually is shown on their construction drawings for the Ten Mile improvements that we have two accesses into the property, so -- Rountree: That's good. Stewart: --that's one thing to consider. De Weerd: Were those accesses agreed by planning? We are trying to eliminate accesses, not gain more. Stewart: I don't know whether or not that took place. I know that the reason we did that was because of the big drill rig issue being able to get these big pieces of equipment in and out and there is not really people coming in and out of the lot generally. Rountree: It's not a traffic generator, it's when you have to get something in there to do heavy maintenance or actually pull the well, you got to be able to get big trucks in there. De Weerd: Okay. As long as we remember that for the next argument from an applicant with the same issue. Yes, Mr. Hoaglun. Hoaglun: I just want to comment, we just -- I agree with what's being said here and the fact to get ACHD to cover those costs, the surveys and everything, but if we make sure we have a good enough paper trail, so when ACHD comes back for some other issue wanting us to contribute, we can use this as an offset of costs -- look, we have provided Meridian City Council July 7, 2009 Page 16 of 23 this, we might as well -- maybe we can use that to offset the cost somewhere else that they want us to pony up, so, you know, it becomes usable. Rountree: Madam Mayor, to your concern, when an applicant comes in here and says to me their traffic volume is going to be one vehicle a day or less on average, I might consider more accesses. But I don't think you're going to see that and I think that's probably more than we will see on this site. It's going to be monitored from telemetry -- the only time people will be in there is if it's some kind of a service call. De Weerd: Well, good. I just don't want to set something that -- what is that parent thing, do as I say, not as I do. Okay. Do you need anything from us further than this discussion? Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council, a couple of things. We will take the direction that Council had -- there was a draft agreement that Mr. Baird had had in discussion. I think Kyle had worked that out with ACHD, but some of these other issues I'm not sure if the issues curb and curb cuts are included. I know Warren's correct, there were two access points that were granted. So, we will make sure that those are in the agreement. You will, then, get a resolution in front of you. We have to have a public hearing or a public notice for a hearing to give property away and so since we are giving this property, we have to give 14 days notice. So, you'll see a couple more pieces of paper come in front of you about this before we finalize that, but I will talk to Mr. Baird and we will talk with ACHD to make sure the issues of whether future issues are something that wants to be in the agreement or whether we have to just make sure that it's clear about the curb and gutter and those kinds of things that are taken care of. So, there is no additional cost to the city, besides the moving of the utilities. We will get that taken care of. Rountree: Madam Mayor, question for Bill. Those additional bits of process, there are filing fees and notice fees and those sorts of things. Can we get around those by a nominal sale price of a dollar or do you still have to go through that process? If we have to outline money for that, I think that ACHD should bear those costs as well. Nary: We can have that discussion with them, Council Member Rountree, on how we want to take care of that, because there are costs to us even to notice. Rountree: Yeah. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. Thank you. There were no items moved from the Consent Agenda. Meridian City Council July 7, 2009 Page 17 of 23 Item 8: Request for Reconsideration of AZ 08-015. RZ 08-009 and PP 08-012 for Fianut by Ronald Van Auker: De Weerd: Item No. 8 is a request for reconsideration of AZ 08-015, RZ 08-009, and PP 08-012. Council, you have a letter of request in your packet. Do you have any questions or any discussion on this item? Hoaglun: Madam Mayor, I have got a question and I don't know if I should direct this to Pete or who, but cross-access, there is still some things I'm on a learning curve on and the few times we have dealt with this cross-access it has been for lots that have been in the middle of a section or an area and I'm trying to think if I have ever dealt with one that's at a corner and I'm trying to think how that fits -- and, Pete, I don't know if you're the right person to ask this or not. How does across-access work on a comer where they -- that particular lot, as they have here, has access in and out -- is that cross- access more for the property adjacent to that core lot? Where is the benefit? How does the traffic flow work. I can see it in the issues we have dealt with on Fairview Avenue where it's in the middle and we don't want traffic to go -- if they are going from point A to point B and they are right next to each other, they have to cross the traffic, come across and, then, cross again. In my mind that's perfectly valid and I completely understand that. But a comer lot I'm trying to figure it out a little more. Can you help me with that a bit? Friedman: Yes, I can, Madam Mayor, Council Member Hoaglun, Council Members. In this particular instance, if you could picture the Maverick store there on Locust Grove and Overland. So, coming from the north you have aright-in only and aright-out only onto Locust Grove. Similarly, on Overland it's aright-in from Overland and aright-out from Overland. The intent was that the property to the north you will have another local street in there. If someone per chance wanted to go from the Maverick store to another enterprise located within this subdivision, they would have to go back out onto Locust Grove, go around the comer onto Overland and, then, back in to the interior portion of the development, as opposed to being able to merely go north through across-access and, then, transfer to one of those lots into the interior of the subdivision and, then, access the public road to go to Bird Dog or whatever it is to go out. I don't have -- I can certainly find -- or look for other examples on comer lots, if you would like me to. None come to mind right now. Hoaglun: Okay. Madam Mayor. Pete, just to follow up, then. I was trying to picture -- if I remember correctly on their application that a person could go out on Overland -- everything could be done in right turns without having to go across -- cross the road to go across traffic, but I could be wrong on that is -- didn't they have an access point on Overland, as well as Locust Grove? Friedman: Yes. The Maverick has two access -- two right-in, right-out and right now it's physically impossible to take a left turn, for example, out onto Locust Grove, because now there is a median at Locust Grove and I don't believe you can make the left out onto Overland. I don't frequent it enough to be able to tell you that. Meridian City Council July 7, 2009 Page 18 of 23 De Weerd: It's right-in, right-out. Friedman: Yeah. Hoaglun: Right-in, right-out. And, Madam Mayor, Pete -- and what I was thinking of is if a person was in the development and wanted to go to the Maverick, you could come out on Locust, tum right -- not have to cross traffic, tum right into Maverick. If you came out on Overland you turn right and, then, tum right back into the development. Mentally I want to make sure they aren't having to cross traffic, which is -- which is what we are trying to prevent with this cross-access deal. Friedman: That's correct. And, Madam Mayor, Council Members, it was also anticipated there would have been a shared driveway on that property in line originally was the intent during the whole discussion on the Maverick when it was annexed also. Hoaglun: Thanks, Pete. Appreciate it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It comes to mind the Walgreens on the comer of Overland and Meridian. They didn't want to have cross-access orcross-parking, any of that, and we did insist on in it there for pretty much the same reason, so people could circulate among other stores that would be on adjacent properties and that's been our principal throughout the city for the last four or five years at least and maybe longer, that cross-access is important and required. I think we need the cross-access. You touched on that shared driveway and did it not tum out to be a shared driveway? Did it move or did you find out whether Maverick is required to provide -- Friedman: Madam Mayor and Council Members, in fact, there is an existing cross- access agreement that was recorded as a condition of the Conditional Use Permit. for the Maverick. Zaremba: I thought so. Yeah. Friedman: And so we did the research for that and that was pretty much the impetus for the request. We, in following the motion, we did research the records and discovered that there was a requirement of the Conditional Use Permit for the Maverick through prior cross-access to the property to the north. We informed the applicant of that and they were not happy with that news and that's -- that was the impetus for the request for the reconsideration. Rountree: Madam Mayor? Meridian City Council July 7, 2009 Page 19 of 23 De Weerd: Mr. Rountree. Rountree: We are dealing with the same owner, the applicant for Fig Nut, as well as the owner of the Maverick property. They have already agreed to across-access agreement at the Maverick site. To me it's a moot point. Friedman: Madam Mayor, Council Members, there is actually a recorded easement -- orcross-access easement. Rountree: Cross-access -- Friedman: We have a -- Zaremba: Given by Maverick -- excuse me, Madam Mayor. Given by Maverick, but not given by the adjacent property owner -- or not -- Friedman: It was actually signed by Mr. Van Auker. Zaremba: Okay. Friedman: And whoever the partners are, who I believe is Maverick. Zaremba: Okay. Rountree: Madam Mayor, it appears to me that even if we were to reconsider this item and change our opinion, there is already a recorded agreement in place that the cross- access would happen with the same owner. So, I think we are in a spot where -- Zaremba: It satisfies me. Rountree: -- where we move forward with the other three items and not reconsider that item. De Weerd: Okay. Rountree: However, I suppose you could take that condition out of the application, since it's already been taken care of with the previous approval. Zaremba: Madam Mayor, I would be inclined to leave it there. Just not to give any opening for somebody to come back and try and change it. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we deny the request for reconsideration for Item 8. Rountree: Second. Meridian City Council July 7, 2009 Page 20 of 23 De Weerd: I have a motion and a second. Mr. Nary, I guess just a question. Do we need a motion to deny? Nary: Madam Mayor, yes, you do. De Weerd: Okay. Thank you. It's been awhile. Okay. I have a motion and a second to deny the request for reconsideration on Item 8. Does it need to be a voice vote or roll call? Nary: Madam Mayor, yes, roll call vote. The reason you have seen less is once we put an ordinance in place nobody asks anymore, so that's why we don't get very many of these, so -- De Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Findings of Fact and Conclusions of Law for Approval: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C-G (General Retail and Service Commercial) and I-L (Light Industrial) zones for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 10: Findings of Fact and Conclusions of Law for Approval: RZ 08-009 Request for Rezone of 1.69 acres from C-G (General Retail and Service Commercial) to I-L (Light Industrial) zone for Fianut by Ronald Van Auker - west side of South Locust Grove, north of East Overland Road and south of I-84: Item 11: Findings of Fact and Conclusions of Law for Approval: PP 08-012 Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G and I-L zoning districts for Fianut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: De Weerd: Okay. Items 9, 10 and 11 are the Findings of Facts on this application. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council July 7, 2009 Page 23 of 23 MEETING ADJOURNED AT 9:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T de WEERD DATE APPROVED ,a&ehltlii; y+%j:. `` ~L .. ~~ ^~y ~ ~1 ~~~ T: =. - SEAL J~ EE L. OLMAN, CITY CLERK y ~ .~ ~ o e ,,~~~~ L'O~Y ~ \\\~,,