HomeMy WebLinkAbout2009 08-11Meridian Citv Council Meeting August 11, 2009.
A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday,
August 11, 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, Anna Canning, Caleb Hood, Clint Dolsby,
John Overton, Joe Silva, Steve Siddoway, 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: Good evening. I'll go ahead and start tonight's meeting. I would like to
thank those that are in attendance for joining us this evening. For the record, it is
Tuesday, August 11th. It's a little bit after 7:00. We will start tonight's meeting with roll
call attendance. Madam Clerk.
Item 2: Pledge of Allegiance: Troop 151 Jay Thompson.
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge
by Boy Scout Troop 151 and their leader is Jay Thompson. Boys, if you will come
forward.
(Pledge of Allegiance recited.)
De Weerd: Boys, before you go back to your seats, I do have -- I owe you for one pin,
but I have two pins and we will find one before you leave.
Rountree: There we go.
De Weerd: And that was quick. Thank you. We do enjoy having our Boy Scout troops
join us for our City Council meetings and really appreciate when they can stay past the
30 minute mark. So, thank you, boys, for being here. We appreciate you joining us.
Item 3: Community Invocation by
De Weerd: Item No. 3 is our community invocation and tonight we do not have
someone to lead us in this, so I will skip Item No. 3.
Item 4: Adoption of the Agenda:
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August 11, 2009
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De Weerd: Go onto Item 4, the adoption of our agenda.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: On the Consent Agenda, Item 5-D, the resolution number will be 09-677.
Item J, the resolution number will be 08-678. Item O, the resolution number will be 08-
679. Item Q does come with a monetary amount and that is not to exceed 1,100 dollars.
On the regular agenda under department reports, A-1, the resolution number is 09-680.
Item 10, the ordinance number is 09-1424. Item 11, the ordinance number is 09-1425.
And with that I move that we adopt the agenda as amended.
Hoaglun: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as
stated.
Zaremba: Not the Consent, just the overall agenda.
De Weerd: I'm sorry. The --
Zaremba: Thank you.
De Weerd: Well, I meant that.
Zaremba: That will be next.
De Weerd: The agenda as stated. All those in favor say aye. All ayes. Motion carved.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of July 21, 2009 Special Workshop Meeting:
B. Approve Minutes of July 28, 2009 City Council Regular Meeting: e
C. Approve New Beer & Wine License Application for KJ's
Restaurants, Inc. dba JB's Restaurant located at 1565 South
Meridian Road:
D. Resolution No. 09-677 2009 Planning Department
Fees•
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August 11, 2009
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E. Chance Order No. 1 with Treasure Vallev Drilling, Inc. for Well
28 Production Well Construction for $9,348.60:
F. Task Order No. 0770a with Murray, Smith & Associates for Well
23 for a Not to Exceed Amount of $23,000.00:
G. Task Order No. 10082 with Hydro Logic, Inc. for Well 23 for a
Not to Exceed Amount of $18,143.75:
H. Chance Order No. 2 with The Ewing Company for Biosolids
Improvement Project for $56,878.11:
Lift Station Acquisition Agreement to take over ownership and
maintenance of sanitary sewer lift station and lift station lot at
Tremont Place Subdivision. with Tremont Place Homeowners'
Association:
J. Resolution No. 09-678 Adopt PY2009 CDBG Action
Plan:
K. Change Order No. 2 with Paul Construction for Settler's Village
Square Phase 1 for $2,525.35:
L. Water Main Easement Agreement for Washington Federal
Savin s by Statewide Mortgage Service Company, Inc.:
M. Contract Amendment with Pipeline Inspection Services, Inc.
for FY2009 Sewer Line Maintenance for $58,700.00:
N. Agreement for Supplies / Equipment Procurement with
Weschem. Inc. for a Not to Exceed Amount of $125,000.00:
O. Resolution No. 09-679 Destruction of Temporary
Records for Finance Department:
P. Amendment No. 1 with Harvest Design for Heroes Park Phase
3 for $26,541.75:
Q. Professional Services Agreement with Meridian Symphony
Orchestra for Musical Talent for Concerts on Broadway:
De Weerd: Okay. Mr. Zaremba, the Consent Agenda.
Zaremba: Madam Mayor. I move we adopt the Consent Agenda with the fill in of the
resolution numbers and understanding that Item Q is 1,100 dollars.
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August 11, 2009
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Hoaglun: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. If there is
no discussion, 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 6: Department Reports:
A. Mayor's Office:
1. Resolution No. 09-680 Reappointment of
Tammy de Weerd Seat 5 and Craig Slocum Seat 3 to the
Meridian Development Corporation
De Weerd: Okay. Item 6 under Department Reports, Council, you do have a resolution
in front of you for the reappointment of seats five and seat three for the Meridian
Development Corporation and I will be coming back to you later this month to fill a seat
that was -- I just received a resignation for.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the resolution 09-680 for the reappointments of
seats five and seats three for the MDC.
Bird: Second.
De Weerd: Okay. I have a motion and a second. Any discussion? Okay, Madam
Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
B. Council President:
1. MDC /City Masonic Lodge Parking Lot Maintenance:
De Weerd: Item 6-B is our Council president. I'll tum this over to you. That would be
Mr. Rountree.
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August 11, 2009
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Rountree: Well, I think we have Shaun in the audience that wants to talk to us about
this, but some months ago -- probably a couple months ago the question came up on an
arrangement that we had made with Masonic Lodge to utilize their parking for city use
as well and that was done, I believe, in 2001 or '2. The agreement has since lapsed,
but we are still using that for downtown business purposes and the agreement was that
we would help maintain the lot and we have done nothing for the term of the agreement
and it is in need of resurface -- or at least a seal coat and some weed maintenance and
Shaun's got some numbers to do that and before us tonight is moving ahead with the
rehab and maintenance activities of that parking lot.
De Weerd: Good evening, Mr. Wardle.
Wardle: Thank you, Madam Mayor, Members of the Council. Shaun Wardle, the
administrator for the Meridian Development Corporation. Pleased to be here with you
this evening. Mr. Rountree has giving us background. The agreement between the
Masonic Lodge and the city has expired. We -- the public is still continuing to use that
facility. It is in need of repair and so we have gone out for solicitation and received
three bids. I believe you have those in your packet. If not, I have hard copies here for
you. So, we are working -- working with the vendors and city staff, it appears that the
most responsive bid is from Curtis Clean Sweep and that bid is in the amount of
$2,191.48. There is a repair for potholes in the amount of 350 dollars, which I believe
will be deleted and we will confirm that with the vendor. In addition to that, we had a
conversation with the Ada County Highway District about resurfacing of the alley. They
indicated they needed a separate bid and that they would potentially be able to pick up
their portion. In confirmation with the estimate from Curtis Clean Sweep, he indicated
that it would be not to exceed 200 dollars for that alley portion of the seal coat. The
Meridian Development Corporation Board of Commissioners meets tomorrow morning
at 7:30. They will be considering this item as -- it is our intention to -- to take that
forward as a -- an expenditure for our parking program. We discussed partnership with
the city and I believe legal has either prepared or at least discussed an agreement.
Nary: Madam Mayor, Mr. President, Members of the Council, we have discussed an
agreement. We were clear on the terms, so we can prepare that as soon as we can get
all that, we will get with Mr. Wardle and we can get an agreement done for the city and
for MDC and I would guess the Masonic Lodge also would need to be a party and we
had that -- I had that discussion with Mr. Holtz with the Masonic Lodge as well. So, he's
anticipating a three way agreement so we can get that done.
Wardle: It would be our intention that that particular agreement would allow for public
parking -- for public all day parking. One of the issues that the Development
Corporation has seen through its process on 2nd Street is the need for all day employee
public parking and I believe that this particular improvement would help achieve those
goals, as well as help the Development Corporation achieve some of the goals in light
of the new business incubator opening up soon. So, with that I'd stand for any
questions.
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August 11, 2009
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De Weerd: Okay. Any questions from Council?
Bird: I have none. Do you need a motion?
De Weerd: I will need a motion, yes, please.
Bird: Sure. Madam Mayor?
De Weerd: Mr. Bird:
Bird: I move that we approve the agreement that will be drawn between the MDC, the
Meridian City, and Masonic Temple for the parking lot maintenance and for MDC to be
the forward contact in that.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve the request. Any discussion?
Madam Clerk, roll call.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
De Weerd: Shaun, do you have an idea of when the completion date might be?
Wardle: I believe that we can start this work within the next couple weeks. Again, it's
our intention that the Development Corporation Board of Commissioners allocate the
resources to begin this work. I think it's imperative that it begins very quickly and the
agreement I think will be pretty short. I believe the indemnification will come from the
Development Corporation and continue the public parking activities, so --
De Weerd: Okay. Thank you so much.
Wardle: Thank you.
Rountree: Thanks, Shaun.
Bird: Thanks, Shaun.
De Weerd: And, Clint, if you will pass on to Tim our thanks for his involvement, too.
Dolsby: I would be happy to.
C. Planning Department:
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August 11, 2009
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1. Discussion on One Year Requirement to Execute
Development Agreements
De Weerd: Thank you. Okay. Item 6-C is our Planning Department.
Canning: Madam Mayor, Members of the Council, we wanted to take this opportunity to
discuss the one year requirement to execute our Development Agreements and there
was a letter provided to you from Brian Ballard of Hawley Troxell that really summarized
the whole conversation quite well and that's why we included that, rather than a staff
memo. He seemed to have done it. We do have a standard within our development
agreement provisions that requires that that's signed and be returned to the city within
one year. The intent being that if somebody got approval of an annexation with a
development agreement, they didn't come back five years or 15 years or 20 years and
ask for the annexation when, really, it was no longer appropriate and the city had kind of
moved on. So, that is why we have the time limitation. As pointed out in the letter, we
don't have any way of granting an extension of that time, whereas we do for final plats
or for preliminary plats and also for conditional use permits. In brainstorming with Mr.
Ballard, we came up with kind of three ideas on how to move this forward and those are
articulated in the letter. The first is to kind of bring it to you and ask you if you want us
to administratively or by City Council action approve a time extension without the need
to follow any formal procedures, because we don't have any identified. The second
would be to have applicants provide us a letter asking for kind of a pending status or a
stand still status while we amend the code, so that we can put in provisions for time
extension, either administratively or City Council. And, then, the third would be to have
them submit, essentially, a new Development Agreement to Council. It's not really a
modification, because they are not seeking to modify anything, but they would,
basically, be doing a new DA and the short coming on that one is that perhaps they are
doing a lot of unnecessary work, like posting the site and having neighborhood
meetings, things like that, so -- but those appear to be our three options available and
we wanted to just to get Council's thoughts on which direction we should head.
De Weerd: Council?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Am I correct that an annexation is not recorded until that DA is done. In
other words, we -- if I decided not to do the DA, we could revoke that annexation and --
is that possible?
Canning: Madam Mayor, Members of the Council, Council Member Zaremba, correct,
we would just not adopt the ordinance to annex the property. That would just never
happen.
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August 11, 2009
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Zaremba: I remember the discussions when we talked about putting a deadline on it
and some of the suggestions were that it should be six months even, but not to speak
for everybody -- I could see having a process where it could be extended like other
things are extended.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council -- and, Council Member Zaremba, you're
correct. When we had this discussion before -- I would guess the reason we never had
a process in the code is because no one's hardly ever asked for it. Now, we have had
occasions, because the process normally has been and has existed prior to me being
here is once the DA is prepared we send that through the clerk's office to the developer,
the applicant. We have had occasions, not very often, where they have come back
longer than a year and our staff -- or ordinance says it needs to be done within a year.
But it doesn't say what happens if it doesn't and it's not necessarily void just because it
isn't signed within a year. The opinion that I have held is that the Council has the ability
to reject it if it isn't done within a year. But if it's done outside of the year and you don't
reject it and we pass the ordinance annexing the property, then, we have accepted that
as a condition. When building was more prevalent it didn't happen very often. Now, this
is the -- actually, the first request and there is another request that we have had for the
same type of outcome and that was why my discussion with the Planning Department
we thought it would be best to bring it back in front of you folks to see what your desire
is. All of these outcomes or requests are reasonable, I would agree with Mrs. Canning.
The third one -- I mean they technically are asking for an amendment, because they are
asking to amend the provision of when it has to be signed, but, yet, to go through a
neighborhood meeting and post the site and do all the things as a regular amendment
to a DA seems overboard for what's really being asked. And so it does sort of speak
that maybe an administrative procedure is more appropriate when there are
circumstances that warrant it and as these -- as this one and the other one that we have
out there has some -- some of those conditions. You certainly have the ability to direct
that and allow these to be done -- to be extended with that, it's just that those provisions
of this -- of the ordinance are in the UDC, so it needs to go through the Planning and
Zoning Commission. They don't seem overly busy, so it seems like that could probably
get done within the next couple meetings, but it has to go through those two processes
before it could be amended.
De Weerd: Does that answer your question?
Zaremba: Yes. Thank you.
De Weerd: Any further questions?
Rountree: Madam Mayor?
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August 11, 2009
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De Weerd: Yes.
Rountree: My preference would be the first option, having it an administrative process,
or, if need be, to Council consideration. At the same time the staff is moving forward to
clarify the ordinance to identify the potential of having to look at these DAs at sometime
past a year or maybe making them similar to the subdivision requirements that they
have a year life and after a year life there is a notification that they will expire and upon
expiration an applicant will have to start over the annexation process. Otherwise, I don't
know how we track these things. We get into some situations that we have already
dealt with in the past where we haven't tracked things very successfully. So, I think we
need to be pretty specific as to the process, the notification, and what happens if things
don't get signed within a prescribed period of time. They go away and you start over.
Bird: Madam Mayor?
De Weerd: Other thoughts? Mr. Bird.
Bird: I would agree with Councilman Rountree on that. I like the number one idea. It, I
think, takes care of it. I hope we can figure out a way to be able to track our things a
little better, but I don't know if we can. But I think that's the quickest and simplest way to
get it through, get it done with. And I, for one, if it's an extension that -- without any
problems as the staff would see, I would think we could do it on just Consent Agenda,
myself.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would support that consensus, adding the clarity that it would be with no
modifications to the DA.
Hoaglun: Madam Mayor, just to chime in, I'm fine with number one. I think that would
work and make that an administrative process and if we go the Consent Agenda route,
that would be good.
Canning: Madam Mayor, did you want to chime in before my -- before I summarize?
I'm song. Madam Mayor, Members of the Council, so to summarize what I'm hearing is
we are not talking about an administrative process, we are talking about Council
approval on a Consent Agenda of time extensions with no modifications? Am I correct?
I should clarify, I don't have a mechanism for doing them really administratively, it will
have to be a Council decision.
Bird: A Council -- yeah.
Canning: Mr. Nary, does that -- am I okay? All right. Thank you.
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August 11, 2009
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De Weerd: And on the Consent Agenda, as you bring that forward, that you will give an
assessment to Council that there is no changes and --
Canning: Understood. Thank you.
De Weerd: Okay. And I guess if you don't, they will pull it off of the Consent Agenda
anyway, so -- okay.
Bird: Yeah.
De Weerd: Okay. Any further clarification needed or direction?
Canning: No.
De Weerd: Okay.
Canning: Thank you, ma'am.
D. Planning Department /Parks Department:
1. Discussion of Landscaping Associated with
Transportation Projects:
De Weerd: Okay. 6-D is also our Planning Department and our Parks Department and
discussion of landscaping and transportation projects.
Siddoway: Thank you, Madam Mayor, Members of Council. I will take the lead on this
discussion. I'm here primarily as an informational item tonight to give you an update,
but I would also welcome any feedback or direction Council would choose to offer as we
move forward with any inter-agency agreements, but several transportation projects
with associated landscaping have come to my attention in the last couple of weeks that
are going to need to move forward into inter-agency agreements and I just wanted to
provide an update tonight on those. Caleb Hood, with the Planning Department, is also
here if there are any specific questions about the -- the transportation projects
themselves. The first one -- and I have three tonight -- is the Ten Mile interchange. As I
was talking with Councilman Zaremba last week, it became clear that everyone may not
be aware that the landscape project for the interchange has been resurrected. The ITD
staff was before Council this past winter and did give an update to Council, basically
addressing the removal of the landscaping from the GARVEE project. ITD has since
found a funding source through federal stimulus funds that are for enhancement
projects that they intend to use for the landscaping as an enhancement project
immediately following the construction project for Ten Mile interchange. ITD is paying
for all the design and construction related to both the landscaping and imgation
associated with that project and maintenance of that landscaping will require an inter-
agency agreement with ITD, as well as contracted labor funds for my department in
order to manage the ongoing maintenance of that landscaping. The ITD project
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August 11, 2009
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manager Wade Christianson will be working with both myself and Ted Baird in the legal
department on an inter-agency agreement to bring to Council and I would just ask if
there is any specific direction or questions associated with that project as we move
forward with that agreement and I will stand for comments or questions on that one right
now.
De Weerd: Any questions, comments?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Steve, we have talked about this before, but that's a rather complicated
project in terms of structure and landscaping, so the agreement needs to be clear who
is going to be responsible for what part. We certainly don't want to get involved in any
of structural aspects of that bridge. We don't want people in it. We don't want people
on top of it, other than in the landscape areas, but most of the plumbing is going to be in
that structure.
Siddoway: Right. That would include the irrigation.
Rountree: So, they are going to have to be able to maintain that irrigation, at least the
part that's integral to the bridge. That's the only rub I see at this point, but I have not
seen the final design either.
Siddoway: Yeah. I haven't either, but -- thank you. Any other comments, questions on
that one? Okay. The second one is with ACRD and it is -- it's Franklin Road from
Linder to Ten Mile and Mr. Tim Morgan from ACRD is also here to address any specific
questions on this one. That project includes landscape medians as part of the Ten Mile
specific area plan and in researching this morning it appeared that the -- that discussion
had happened with Council in January of last year, so hoping you're aware of the
medians in Franklin Road there. ACHD has approached the city for project coordination
issues and wanting to kick off the inter-agency agreement for that. They have designed
that road project with medians that will accommodate landscaping in the future. The
construction of that road project is currently programmed for 2012, so we are moving
into '10, so two fiscal years out from the one we are just moving into. The -- one of the
questions is when will the city landscape those medians and if -- if the city intends to
landscape those medians, basically, with the project, ACHD will provide top soil in those
medians and we can actually make the landscaping part of the construction project, but
the city would be responsible for funding the design and the installation of that
landscaping. If we choose to wait beyond that timeline, ACHD would not put in the top
soil, they would put in weed bamer and pea gravel. They would put in the sleeves for
future irrigation to those medians and it would sit with the pea gravel until we were
ready to landscape it. One option would be that I plan for the next budget cycle in fiscal
year '11 for a design project, which would, then, lead to cost estimates and a
construction project in 2012 and I'm here to seek your -- at least initial thoughts as to
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August 11, 2009
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whether you would like me to pursue that timeline or something else and I will stand for
comments or questions or any direction you would like to give on that.
De Weerd: Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Steve, could you explain how ACHD defines landscaping and what we would
be responsible for?
Siddoway: Are you talking -- I guess I'm not clear on the question. All the plant
material?
Rountree: Does that include a water source? Does that include water supply? Does
that include irrigation system? Does that include vegetation, mulch, gravel, or is it just
vegetation and soil or --
Siddoway: I believe it includes the -- the vegetation and the -- the irrigation system for
it. Mr. Morgan is here if you'd like to address that more specifically from your own
perspective. Irrigation and landscaping is ours. ACRD would put in the top soil -- at
four inches of top soil, as I understand, with the project, if we were ready to install
landscaping on its heels. But the irrigation source, which I believe would be city water
for those medians -- I guess there is a question -- we may have reclaimed water in that
area, so I haven't explored that. This is -- the idea of the irrigation is new to me out
there. But we would be responsible for the irrigation and the plant material, the mulch,
things like that.
Hoaglun: Madam Mayor, to follow up on that -- and, Steve, is the design, the types of
trees, the planting material, that's city specifications or requirements or ideas, as
opposed to -- does ACHD have certain requirements? I'm sure they have safety issues,
but beyond that that would be up to the city to determine what's going to go out there?
Siddoway: Yeah. It's my understanding they are looking to the city to design that and
provide it to the project.
Morgan: Mayor and Council, Tim Morgan, project manager, with Ada County Highway
District.
De Weerd: Thank you.
Morgan: The -- yeah. And the planting would be at the Parks Department's design.
We do have a tree policy that guides planting in the right of way and then -- as far as
size and things, as long as it -- as long as it doesn't impede any of the traffic safety,
then, that would be up to the Parks Department.
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De Weerd: Thank you.
Morgan: And I can add onto the -- as far as the -- if we -- if you do the landscaping with
it, it would all -- I guess my proposal would be that it all be built with the project, kind of
like we do on public works projects, we will put in your water and sewer facilities with
our construction contract -- bring just one contractor in there and people not running
over the top of each other. It would be -- I think it would be very much like that. The -- if
not, we would put in the irrigation sleeves, at least so in the future you don't have to cut
the road to add water to it.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: What's the typical section proposed on Franklin? Does it follow the TLIP or
is it some transition between now and then or what?
Morgan: It's actually along the lines with the Ten Mile specific area plan. I don't have
that exactly with me, but it does have -- it does have two travel lanes each direction.
The center median that would be landscaped, except for where there is the -- the two
breaks in that access and, then, the sidewalk is -- there is bike lanes and, then, partially
setback sidewalk that's four to five feet, I think. But I think your future hope would be
that you have those adjacent property owners landscape, but in the interim it would be a
hardscape of the same, a weed barrier, and pea gravel.
De Weerd: Anything further?
Rountree: I have nothing.
De Weerd: Mr. Morgan? Thank you.
Siddoway: So, it would be my intent to bring forward in 2011 a small addition -- well, the
landscape design for these medians. So, that's still, you know, a whole fiscal year
away, but it would be my intent to move forward with the designs that year, that we can,
then, price and decide whether we are constructing it the following year. Does that
sound reasonable? Okay. Thank you. The third one is also in the Ten Mile area, but
on the other side of the freeway, is Overland Road from Linder to Ten Mile. This is the
project that Jim Jewett is constructing and as I met with Jim last week I teamed that he
has four types of landscape areas on his plans, one being median landscaping, which is
along arterials would typically be maintained by the city. He also has storm detention
ponds, two of them, to be exact, which would typically only be maintained by the city if
they are part of an ACHD arterial road project similar to what we have out at Franklin
and Locust Grove or a couple other examples and -- but would be maintained by a
homeowners association if they were put in as part of a subdivision. You know, these
two are part of the road project, but they are kind of a hybrid and there may be -- it may
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warrant some hybrid arrangements on the landscape maintenance. The third type is
the street tree landscaping along the sides of Overland Road and Jim was under the
impression that the city would be maintaining those. That would be different than
anything I had expected or anticipated, so that was one question. But if he does install
those landscape trees with the road project along the sides, the street trees, there
would be no homeowners association today to take them over. Typically those street
trees are owned and maintained by the adjacent property owners and this street project,
this road project would be putting them in ahead of development. The fourth one, he
has a roundabout on Tasa, which I would not believe would be a maintenance item for
the city. It's on a local street, not an arterial. However, there is no -- again, no
homeowners association or business owners association in that area that would take
that on, though it could be hardscaped in the interim until one shows up. Jim Jewett
and his landscape architects of The Land Group plan to be here next week as part of
the workshop. It's already on the draft agenda, at least has been submitted for that
agenda and I just want to give you a heads up that that discussion is coming next week,
so that we can discuss what should the city maintain and what should the city not
maintain. As you probably know, that road construction project is currently underway
and landscaping will follow shortly thereafter. So, this one will need resolution on the
maintenance issue soon. So, I don't need specific resolution tonight, but if you have
any initial questions in anticipation of next week's discussion, I would welcome them.
De Weerd: Any questions?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: I would give you my resolution right now. It seems like it's a subdivision
requirement. This is a total surprise. Haven't heard a word about it in three or four
years. As far as I'm concerned it's a moot point.
Siddoway: Are you talking about the street trees specifically?
Rountree: Yes.
Siddoway: The median would -- are you saying the median would fall in that or not?
Rountree: The whole thing. It's all news to me. I don't know about the rest of the
Council.
De Weerd: Well, Council, we have had a discussion about the center medians and that
was not with Mr. Jewett, it was with ACHD, I believe, and so that -- that should be
considered separately. We were talking about that in our gateway discussions with a
couple of specific examples, this being one of them. But if I don't remember -- I think I
remember correctly, are those street trees shown on his plat?
Meridian City Council
August 11, 2009
Page 15 of 22
Siddoway: I don't know about the plat, but they were on the plan that he showed me
last week. I don't know if Anna can speak to that or not.
Canning: Madam Mayor, Members of the Council, my recollection of the plat was the
preliminary plat was -- had mega lots and so those were going to come in for further
subdivision, but we certainly require those street trees as part of the subdivision, if they
are on his property in particular. If they are in the right of way, I'm not clear on where
these are.
Siddoway: We will have that answer by next week. I think we will know.
Canning: We will make sure you have that information.
De Weerd: But, Steve, I would agree with Councilman Rountree and Bird, those --
those sound like street trees that are part of a plat to me. When we talked about
gateway entry and road treatments, it was, basically, focused on the center medians.
Siddoway: Right.
De Weerd: It was not on any treatments between the road and the sidewalk.
Siddoway: And that matches what my understanding or expectation was. The median
landscape maintenance wouldn't -- does not surprise me. It's in an arterial. It's in the
Ten Mile specific area plan area. It's -- but the other -- the other trees that he was
showing in the --along the sides and that was where I had specific concerns.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: When Steve mentioned this to me earlier, I was surprised as well, except for
the median in the middle of the arterial, and I'm pleased to team that I'm not the only
one that didn't remember this happening. But I had another thought occur to me -- in
the landscape ordinance, as I recall, developers are required to put the perimeter
landscaping all around their properties. Once they start I think they are supposed to do
it all. And the other two largest developments that I can think of, Paramount and
Lochsa Falls, I believe have done that. But I wonder whether we could pick a number,
like projects that are over 1,000 acres or half a square mile, whatever that is, and allow
them to do that perimeter landscaping in phases when that portion develops. I wouldn't
want to make that for small developments, but it would -- it would be a change in the
ordinance that would allow somebody -- it would be an incentive for people to do larger
projects, which I think is to the benefit of the city and what made me think of it in this
case is if he didn't need to put the trees in right away, then, there wouldn't be a
maintenance issue on it. So, that's a question, not a suggestion.
Meridian City Council
August 11, 2009
Page 16 of 22
Siddoway: Madam Mayor, Councilman Zaremba, I believe those street trees could be
put in in phases with development. It would just mean that the trees -- the street trees
would be of different ages. I don't see that as a huge issue. The way he's proposing
the medians along Overland, that's going to be an issue already. So, I think they could
be put in with the development.
Hoaglun: Madam Mayor, question for Steve. How much median landscaping do you
guys take care of right now at parks? Is it a great deal? I don't know if you can quantify
it in acres, but do you just have afew -- few areas that you have to maintain right now?
Siddoway: True medians we have very little. We had the medians in Main Street,
which went away this summer. We take care of the north curb at the other end of Main
Street. The other sites are not medians that we contract out, they are smaller sites of
like storm detention ponds, things like that.
Hoaglun: Okay. Thank you.
De Weerd: It will be a lively discussion next week.
Siddoway: Yeah. That's all I have. Like I say, Mr. Jewett and/or his representatives will
be here next week to seek some specific direction on those landscape items. On the
other two for Ten Mile and Franklin Road, we will move forward on drafting inter-agency
agreements with ITD and ACHD and bring those forward to Council at a future meeting.
De Weerd: Okay. Council, anything further on this item?
Bird: I have none.
De Weerd: Thank you, Steve.
Siddoway: Thank you.
Item 7: Items Moved from Consent Agenda:
De Weerd: Okay. There were no items moved from the Consent Agenda.
Item 8: Public Hearing: Consider the proposed conveyance to the Ada
County Highway District a portion of City-owned real property
located at 303 North Ten Mile Road for right-of--way purposes:
De Weerd: Item No. 8 is a public hearing to consider the proposed conveyance to the
Ada County Highway District, a portion of city owned real property, and I will open this
public hearing. Who is making open comments --opening comments? Mr. Nary, would
that be you?
Meridian City Council
August 11, 2009
Page 17 of 22
Nary: Certainly can be. Thank you, Madam Mayor, Members of the Council. This is an
item that's been before you previously. This is a discussion of a transfer of some city
property to the Ada County Highway District at no cost for some right-of--way
improvements. This is a section of property that has a well lot on it that the city
maintains or city owns and this right of way portion will not interfere with that -- either
the maintenance or the use of that facility. If the Council -- after the public hearing is
closed, if the Council is of the mind set to move forward, I have some specific language
in the motion.
De Weerd: Thank you, Mr. Nary. Any questions for staff at this time?
Hoaglun: Madam Mayor, just a quick question. I think there was a discussion of -- did
that have two access points for that piece of property? I'm trying to recall if that did and
were we preserving both of those or -- because there was a discussion about moving
big trucks in and out, especially if we have to do repairs on the well.
Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, I remember
the discussion and Ican't -- I don't specifically recall whether there is one or two
accesses. The access that is remaining is adequate for the maintenance trucks. I don't
recall if it's just one or two, though.
Hoaglun: Okay. As long as we preserve that -- that access.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: The answer we received when we heard it the first time was that there are
two and they will remain there on the plans.
De Weerd: Okay. Thank you. And this is a public hearing. Is there anyone who would
like to provide testimony on this item? Okay. Thank you. Council, there is no public
comments. Do you need further information from staff?
Rountree: Madam Mayor?
De Weerd: Yes, Mr. Rountree.
Rountree: Mr. Nary mentioned something about specific language for the motion.
Nary: Yes. Madam Mayor, Members of the Council, Council Member Rountree, if the --
once when the hearing's closed and the Council wants to move forward, the motion
needs to, basically, direct that the Council finds it's in the city's best interest to transfer
or convey this property to the Ada County Highway District without compensation and
that staff be directed to prepare an ordinance to authorize that conveyance.
Meridian City Council
August 11, 2009
Page 18 of 22
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Bill, we have got ordinance 09-675, does that not do it?
Nary: That's from a prior week?
Bird: Look in your -- in your deal, Bill. 09-675, resolution declaring the intent of the City
of Meridian to convey to the Ada County Highway District certain real property located
at 303 North Ten Mile Road, a portion of Ada County Parcel Number -- I'm not going to
read the number.
Nary: That's the -- I don't mean to interrupt you, Mr. Bird. That's the resolution that's
required to establish this public hearing that's required by statute, then, we would have
an ordinance that we would bring back in front of you to actually make the transfer.
Bird: Okay. This was the resolution.
Nary: Yes.
Bird: That brought it forward. Okay.
De Weerd: Okay. Anything further?
Bird: Madam Mayor, I move we close the public hearing on Item 8.
Zaremba: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Okay. I do need a motion on this item.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I hope I get this right. I move that we direct the city staff to come back with an
ordinance showing conveyance of property at 303 North Ten Mile Road for right of way
purposes to Ada County Highway District. That's sufficient, Bill, isn't it?
Nary: Without compensation.
Meridian City Council
August 11, 2009
Page 19 of 22
Bird: Without compensation.
Zaremba: 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 carries.
MOTION CARRIED: ALL AYES.
Item 9: Public Hearing: Consider the proposed trade of a .09 acre portion of
City-owned real property at 3064 West Malta Drive (Heroes Park) for
real property of equal value to provide deeded pathway access
between the northwest border of Heroes Park and North Ten Mile
Road:
De Weerd: Okay. Item 9 is a public hearing considering the proposed trade of land
that's city. owned to provide deeded pathway access between the northwest border of
Heroes Park and North Ten Mile Road. I have opened this public hearing, whoever
would like to introduce this.
Nary: Madam Mayor, Members of the Council, this is another matter you previously
heard. We have a resolution that -- it was noticed up for the public hearing tonight for
public comment. Once the public hearing is concluded, this is an exchange of property,
so different than your last one, this is an exchange of property with the adjacent
property owner to Heroes Park for the pathway and for access to their parking lot. Mr.
Siddoway can talk about the specifics if you want that. That after your conclusion of the
public hearing, we have, again, specific language from the statute as required for your
motion if you're moving forward to convey it.
De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like
to provide testimony on this item? Okay. Seeing none, Council, any further information
needed from staff?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Has anybody spoken recently with the -- I guess it's the church that we are
trading property with -- to make sure that they are still wanting to do this? Anybody
reconfirm that recently?
Meridian City Council
August 11, 2009
Page 20 of 22
Siddoway: I haven't confirmed it personally, but Elroy Huff on my staff has been
meeting with them and the consultants that we have working on the design projects for
-- have prepared the legal descriptions and they are on board with this and they will be
receiving the land that their parking lot currently sits on, in exchange for property on
their -- along their north side where we would like to build a pathway.
Zaremba: Okay. Thank you. I just wanted to ask that, since they did not come to the
hearing tonight.
De Weerd: Okay. Thank you. Thank you, Steve. If there is no further information from
Council, I would entertain a motion to close the public hearing.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we close the public hearing on Item 9.
Hoaglun: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 9. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Madam Mayor?
Zaremba: Mr. Zaremba.
Zaremba: I move we approve the trade and request staff to provide us with an
ordinance at a future meeting that would make that a reality.
Nary: Madam Mayor?
De Weerd: Do you need more specifics?
Nary: Madam Mayor, Members of the Council, Council Member Zaremba, if you would
simply also include that the property being exchanged, that the property in exchange be
of equal value pursuant to the terms that are already contained in the public record.
Zaremba: Yes. I would ask that that finding be included, that the properties are of
equal value.
Nary: Thank you.
Zaremba: Thank you.
Meridian City Council
August 11, 2009
Page 21 of 22
Hoaglun: I'll second the motion.
De Weerd: Okay. I have a motion and a second. I won't ask Councilman Zaremba to
repeat that. Madam Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 10: Ordinance No. 09-1424 Revision of Disorderly Conduct
Provisions Reaardina BeaQina or Soliciting Alms:
Item 11: Ordinance No. 09-1425 RZ 09-001 Request for Rezone of
7.65 acres consisting of 25 single-family residential lots and 2 common
lots (Lots 1 and 2 and a portion of Lot 3, Block 2; portions of Lots 1 & 10
and Lots 2-9, Block 1, Dove Meadows Subdivision No. 1; portions of Lots
11 & 12 and Lots 13-24, Block 1, Dove Meadows Subdivision No. 2) from
L-O to R-8 for Dove Meadows by City of Meridian Planning Department -
various properties in Dove Meadows Subdivision Nos. 1 and 2 zoned L-O:
De Weerd: Items 10 and 11 are proposed ordinances, 09-1424 and 09-1425. Madam
Clerk, if you will read these two ordinances by title only..
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1424, an
ordinance amending Title 6, Chapter 3, Section 2 of the Meridian City regarding
disorderly conduct and providing an effective date.
Holman: City of Meridian Ordinance No. 09-1425, an ordinance RZ 09-001, Dove
Meadows Subdivision, for the rezone of a parcel of land located in the southwest one
quarter of the southeast one quarter of Section 5, Township 3 North, Range 1 East,
Boise Meridian, Ada county, Idaho, being a part of Dove Meadows Subdivision No. 1
and Dove Meadows Subdivision No. 2, as described in Attachment A and annexing
certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous
to the corporate limits of the City of Meridian, as requested by the City of Meridian,
establishing and determining the land use zoning classification of said lands from L-O,
Limited Office District, to R-8, Medium Density Residential District, in the Meridian City
Code, providing that copies of this ordinance shall be filed with the Ada county
assessor, the Ada county recorder, and the Idaho State Tax Commission, as required
by law, and providing for a summary of the ordinance and providing for a waiver of the
reading rules and providing an effective date.
De Weerd: Thank you. You have heard these two ordinances read by title only. Is
there anyone who like to hear them read in their entirety? Seeing no one from the
Meridian City Council
August 11, 2009
Page 22 of 22
public who would like to make such a request, Council, I would entertain a motion to
approve ordinances on Item No. 10 and 11.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve the ordinance 09-1424 and 09-1425, with suspension of rules.
Rountree: Second.
De Weerd: I have a motion and a second to approve the ordinances Items 10 and 11.
If no discussion, Council, I would ask roll call from Madam Clerk.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
De Weerd: Mr. Bird, it is five minutes to 8:00. Do I have a motion to adjourn?
Bird: So moved.
Rountree: Second.
De Weerd: All those in favor way aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:55 P.M.
(AUDIO RECORDING ON FILE THESE PROCEEDINGS)
MAYOR Y de WEERD DATE APPROVED
ATTEST:
OLMAN, CITY CLERK
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