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HomeMy WebLinkAbout2009 10-06Meridian City Council Meeting October 6, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 6, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Kyle Radek, Scott Colaianni, 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 will go ahead and call tonight's meeting to order. I'd like to welcome you all here. We appreciate you joining us this evening. For the public record it is Tuesday, October 6th. It's 7:00 p.m. Easy for me to say. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance and I will ask you all to 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 No. 3 is our community invocation. Tonight we will be led by Pastor Randy Cook with the Meridian First Baptist Church. If you will all join us in the invocation or take this as an opportunity for a moment silence. You can face the audience, pastor, if you'd prefer. Thank you. Cook: Let's pray. Heavenly Father, it's always a joy to see people who do their work well and who accomplish things that are worthwhile and that's true of this group of men and women here. We thank you for these public servants that are dedicated to the task. We thank you for the good works that they are doing in our city. Thank you for their fiscal responsibility in hard times and thank you for the time that they are going to spend here this evening. We ask that you would strengthen them for it, help them to think clearly and well. We pray that their decisions would be pleasing to you. We ask that Meridian City Council October 6, 2009 Page 2 of 13 each one would give place to you in their lives and we pray, Lord, that you would be exalted as a result of what goes on here tonight. Thank you in Jesus' name, amen. Item 4: Proclamations: A. Proclamation for Fire Prevention Month: De Weerd: Thank you, Pastor. Okay. Item No. 4 is proclamations and I will go ahead and go down on the floor to present these proclamations. The first one I have is Fire Prevention Week and since we see a lot of men in blue, I will ask if you would like to come up and join me, please. And also Doug Mason, if you want to come up -- oh, look who we have. Sparky. Thank you for being here. You know -- I guess I'll read it. I was going to have the chief do it and when he got to the part of: Therefore, I, Tammy de Weerd, he probably would falter. So, I will do it myself. Okay. Whereas the City of Meridian is committed to insuring safety and security of all those living in and visiting our city and whereas Meridian's first responders are dedicated to reducing the occurrence of fire -- house fires and house fire injuries through prevention and education, and whereas Meridian's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire and whereas the theme: Stay Fire Smart. Don't Get Bumed -- effectively serves to remind us all of the simple actions we can take to stay safe from fire. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do here proclaim the first week of October 2009 to be fire prevention week in the City of Meridian and encourage all citizens to education themselves and their families to heed the important safety message of preventing home fires. These men were very busy I think this afternoon from all -- all rumors and, you know, they do this day in and day out and we owe a lot of that feeling of safety and security that we have in the City of Meridian to these men and women who serve us both in the fire and police departments and so if you join me in showing our appreciation through applause. Anderson: Well, thank you, Mayor de Weerd and citizens for being here. We couldn't do the job that we do without your support and we appreciate the support that the community of Meridian gives us. It's wonderful and we couldn't ask for a better town and city in which -- which to work. So, thank you very much for all you do for us, too. De Weerd: I would like to present this to Pam or -- and Doug Mason, one of our citizens that has gone through out citizen's -- public safety citizens academy and our alumni association is growing and strong and we appreciate the commitment they give to us and time given back. So, I will ask Pam and Doug if you will accept this proclamation. Mason: Thank you. Silva: Thank you very much, Mayor, for proclaiming the week of October 4th through the 10th Fire Prevent Week. For us it's a month long activity that our department really enjoys doing and getting out in the community. Our engine companies will be conducting tours of the stations and getting out to the day cares and conducting friendly firefighter visits when the don their safety equipment and also our -- Pam On- will be Meridian City Council October 6, 2009 Page 3 of 13 making contact with all our second and third graders to kind of drive those messages home of how to conduct a safe exit drill. Actually, started out very early Monday morning with Larry Gebbert doing home drills, so it will be a busy month for us, but we are glad to be here. Thank you very much, Mayor. B. Proclamation for Down Syndrome Awareness Month: De Weerd: Thank you. And thank you all. Okay. This next item I'm very honored to be joined by a couple of people who will accept this proclamation in honor of the Down Syndrome Awareness Month. We have the Buddy Walk coming up this Saturday and a lot of the passion behind this we can contribute here local to Chad Bloxham, who is a teacher and just an inspiration at Meridian High School and if Council would remember when the youth council came and talked they talked about inclusion revolution and this was really inspired by Chad and his --one of his best friends who has Down Syndrome, that he was an inspiration to Chad in how to treat all people that we really need to be mindful of really paying attention to -- that we are all the same and that we need to work hard to include and not exclude and that was a strong message and a message that our three major high schools in our community stepped forward and embraced and did a couple of events, one really spurred from the Special Olympics in an effort to be inclusive and really reach out that hand to all folks in our community to really get involved. The Buddy Walk is one of those other opportunities to show our support for inclusion and really embrace all of those, that we are all the same, although maybe we look different, talk different -- I know my husband does. Okay. You can tell him I said that. But we just appreciate you joining us here today. If you will all come forward and join us and Rebecca is going to say a few words after I read the proclamation as well. And Kelly Cross is here with Channel 12. Fox has been really behind a lot of the promotion for the Buddy Walk. We appreciate your leadership, your passion, and we appreciate your involvement in the Buddy Walk and promoting this. So, with that said let me read this proclamation and, then, I will ask Rebecca if she has a few words to share with us. Whereas approximately one in 800 children are born with Down Syndrome, representing approximately 5,000 births per year in the United States and whereas research and early intervention have resulted in dramatic improvement in the life span and potential of those who are affected with Down Syndrome and whereas people with Down Syndrome possess a wide range of abilities and are active participants in educational, occupational, social and recreational circles of the community and whereas the Treasure Valley Down Syndrome Association has been working for 27 years to educate and support parents and individuals with Down Syndrome locally and whereas the National Down Syndrome Society developed the Buddy Walk in 1995 and it has become an annual event in October in cities across the nation celebrating the accomplishments of children and adults with Down Syndrome and whereas the goal of the Buddy Walk, which will be held in the Treasure Valley on October 10th, is to promote increased understanding and acceptance of people with Down Syndrome. Therefore, I, Mayor Tammy de Weerd to the City of Meridian, do hereby proclaim October 2009 to be Down Syndrome Awareness Month in the City of Meridian and encourage all citizens to promote awareness of Down Syndrome and to celebrate the accomplishments of individuals and their families. And I would like to Meridian City Council October 6, 2009 Page 4 of 13 present this to Rebecca and see if she would like to share some words for us. And that is for you, Rebecca. Rebecca: Okay. Thank you. The Buddy Walk is for -- for supporting it. Support the Buddy Walk for Downs people and -- and so I'm going to be speaking there and I'm going to be talking about being more alike than different and so the Downs people are more like other people -- like other people, but -- but their personality is different, they are different in some ways, but -- but we are people like you guys and so we have rights and -- and so I'm supporting the Buddy Walk for -- for the Meridian, Idaho, and so I'm here -- so, I'm -- so, I'm for -- for the awareness. I'm going to support the -- for the people and for their safety and thank you for letting me come over here and God bless. De Weerd: Thank you. Volunteer: I just want to thank you, Tammy, on behalf of the whole committee in supporting especially Meridian High School. Meridian High School had the largest team last year and they have the largest team this year and they are going to get an award. I don't think they know yet, but they have almost 90 -- I think about 90 people registered and, then, 45 volunteers. So, just a huge support from the community in Meridian. So, thanks very much. De Weerd: Now is there still time to sign up? Volunteer: You can register the day of. Yes. De Weerd: Okay. Listen, Council, there is still time for Team Meridian. All right. Thank you so much. Well, thank you, Council. We appreciate that chance to read those two proclamations for two very important awareness issues. Item 5: Adoption of the Agenda: De Weerd: Item No. 5 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda we have some blanks to fill in. Under the Consent Agenda, Item G, the resolution number is 09-681. Item H, the resolution number is 09-682. Item Q, the resolution number is 09-683. Item R, the resolution number is 09-684. Item S, the resolution number is 09-685. Item T, the resolution number is 09-686. And under Department Reports, Item 7-A, there is also a resolution and that resolution number is 09-687. Under Item 9, Public Hearings, there are two scheduled, A and B, AZ 08-005 and VAR 08-008. Both of those have been requested by the applicant to be continued until December 15th and we will do that. If anybody is here to hear those two items, we will actually not discuss them tonight, we will hear them on December 15th. Item 10 is Meridian City Council October 6, 2009 Page 5 of 13 an ordinance and that ordinance number is 09-1430. And with those comments I move that we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor say aye. All ayes. Motion carved. MOTION CARRIED: ALL AYES. Item 6: Consent Agenda: A. Memo Designating Polling Places for November 3, 2009 City Election B. Findings of Fact and Conclusions of Law for Approval: AZ 09-002 Description: Request for Annexation and Zoning of 2.5 acres from RUT in Ada County to L-O (Limited Office) for Treasure Valley Veterinary Hospital C. Findings of Fact and Conclusions of Law for Approval: VAR 09-003 Description: Request for Variance to UDC 11-3H-4B.1.c and 11- 3H-46.2 to allow the 2 existing full access driveways to the site from State Highway 69 to remain on a temporary basis until such time as the remainder of the property develops. At such time, access to SH 69 will be closed and access to the property will be provided via Edmonds Court for Treasure Valley Veterinary Hospital D. Findings of Fact and Conclusions of Law for Approval: CUP 09-007 Description: Request for Conditional Use Permit fora 1,504 square foot addition to the existing 2,112 square foot veterinary hospital in a proposed L-O district for Treasure Valley Veterinary Hospital E. Findings of Fact and Conclusions of Law for Approval: RZ 09-003 Description: Request for Rezone of 5.02 acres from R-8 (medium density residential) to L-O (limited office) zone for Bainbridge by Brighton Corporation F. Findings of Fact and Conclusions of Law for Approval: AZ 09-003. Description: Request for Annexation and Zoning of 3.95 acres from Meridian City Council October 6, 2009 Page 6 of 13 Ada County RUT to C-C (Community Business District) for Macha Retail Plaza by Armstrong Consulting G. Resolution No. Proposed # 09-681: CPA 09-004 Request for Amendment to the Comprehensive Plan Future Land Use Map to change the land use designation on 2.52 acres of land from Low Density Residential to Office for Treasure Valley Veterinary Hospital H. Resolution No. Proposed # 09-682: CPA 09-005 Request for Comprehensive Plan Amendment to modify the Future Land Use Map by changing the land use designation from Office to Commercial for approximately 6 acres for Macha Retail Plaza by Armstrong Consulting I. Three Corners Subdivision No.2 Water and Sewer Easements J. Water Easement for Paramount LDS Church K. Task Order #10085 with Hydro Logic for Continuing Services on Water Rights Housekeeping with a Not to Exceed Amount of $81,650.00 L. Task Order #1004A for Silverstone Letter of Map Revision, Phase 2 on Eight Mile Creek with a Not to Exceed Amount of $46,359.00 M. Memorandum of Agreement with C.O.M.P .A.S.S. to Acquire Orthophotography in the Spring of 2010 with a Not to Exceed Amount of $8,000.00 N. Purchase and Sale Agreement for Sanitary Sewer Lift Station at Blackrock Subdivision O. License Agreement with Nampa & Meridian Irrigation District for Split Corridor Irrigation Pump Station P. Beer/Wine/Liquor Location Transfer from Dupas Boomers to Muggsys Location; 501 S. Main St., Meridian Idaho 83642 Q. Resolution No. Proposed # 09-683: Final Acceptance of "Origin" and Alcove Art in Lobby of Meridian City Hall R. Resolution No. Proposed # 09-684: Adopting the State Plan for Deferred Compensation Meridian City Council October 6, 2009 Page 7 of 13 S. Resolution No. Proposed # 09-685: Amending City Policy 6.2.2 -Use of City Fax, Copy Machines and Computers T. Resolution No. Proposed # 09-686: Amendment to City Policy 6.2.6 -Personal or City Issued Cell Phones De Weerd: Item 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Without repeating the resolution numbers that were filled in, I, otherwise, move we adopt the Consent Agenda -- or approve the Consent Agenda as published and authorize 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. If there is no discussion, 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 7: Department Reports: A. Mayor's Office 1. Resolution No. Proposed # 09-687: Appointment of Eric L. Jensen to Meridian Development Corporation De Weerd: Okay. Item 7 under Department Reports. Council, in front of you is resolution 09-687. It's for the appointment of Eric Jensen to the Meridian Development Corporation. You should also have a copy of his resume and his letter of interest. I -- these are three year terms and so I would ask for your approval of -- and, Mr. Nary, is -- I know that this is in the middle of this term. Does the resolution -- I don't have it in front of me. Nary: To complete the term of Terlington, I believe. Scott Terlington. De Weerd: Exactly. Meridian City Council October 6, 2009 Page 8 of 13 Nary: Yes. De Weerd: But that is until what date? Nary: Oh, I'd have to look that up. I'm sorry. Holman: Madam Mayor, I'll look it up. I should have a copy right here. De Weerd: It would be helpful for the public record, just to make sure to read that in, even though we will have the record -- Bird: I think it's August 2010, isn't it? Holman: Madam Mayor, Members of the Council, it is. It says: Which term shall run through August of 2010. De Weerd: Okay. Thank you. Thank you, Mr. Bird. Okay. Any questions on this appointment? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Not necessarily the appointment, but -- anyway, back on the record, what kind of response did we get for Filling this position? Just as curiosity. De Weerd: We had some inquiries, but no one ever followed up with the letter of interest or a resume. I spoke with Mr. Jensen and he has a sincere interest, is reliable in attendance, and I believe that regardless of how many did show an interest, he is highly qualified to fill the position. Rountree: Not questioning that, just was curious how many might have been interested. De Weerd: Thank you. Rountree: Thank you. De Weerd: Okay. If there is no further questions, I would entertain a motion to approve Resolution 09-687. Rountree: So moved. Bird: Second. De Weerd: Okay. Is there any discussion? Hearing none, Madam Clerk, will you, please, call roll. Meridian City Council October 6, 2009 Page 9 of 13 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. B. Planning Department 1. Authorization for Negotiation and Agreement for Professional Services for Energy Grant: Anna Canning or Pete Friedman De Weerd: Item 7-B is our Planning Department. Anna. Canning: Thank you, Madam Mayor, Members -- Madam Mayor, Members of the Council. I just wanted to get you kind of up to speed on our energy grant. The city filed this application for the first phase of our energy efficiency block grant funding to develop specifically an energy strategy for the city. The strategy was prepared through the technical assistance of a consultant and, then, subsequent to submittal, upon receipt of the notification of pending award, the Department of Energy notified us that we needed to go through that competitive bid process. We hadn't anticipated that originally. So, we asked them to delay the award as long as they could. They are not into delaying those stimulus grants, so we asked them to delay it, so that we could go through the competitive bid process, because once it's awarded we only have 120 days to tum around and use that money. So, the DOE did award the grant on September 6, but it didn't become effective until September 25th. So, then, we issued an RFQ on September 4th, with deadline of submittal of September 22nd. So, we -- we got through that bid process. That seemed to be working well. We got five RFQs and staff and the purchasing manager reviewed the RFQs and identified our qualified consultant and that's HDR Engineering. And, then, we are asking tonight that you also -- because of that shortened time frame and because you're not having a Council meeting next week, we asked that the Council direct the Mayor to sign the agreement and, then, we will bring it back to the Council for ratification at your next meeting on October 20th. So, that is our update, the status, the consultant, and our request. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: You know, it is also important to e as Anna mentioned, this is a short and a long-term strategy and it's going to be kind of that foundational piece to probably other activities, other than just the accountability to the funds that -- that we do receive and how we utilize them. So, this will be an important exercise. Meridian City Council October 6, 2009 Page 10 of 13 Canning: Yes, ma'am. We envision this as the -- the building blocks for an energy chapter within our Comprehensive Plan, that defines our strategy moving forward on how we will seek out deficiencies and energy development where we can. De Weerd: Thank you. And I know that all of this is kind of a maze of -- it's a maze. And we know we need help kind of being shepherded through it, so we want to be responsible to these funds. Okay. If there is no questions, Council, I will move to the next item. There were no items moved -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I think I understood that we needed to authorize you to sign. De Weerd: Oh, yes. Yes, you do. Thank you. Zaremba: So moved. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 8: Items Moved From Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda for Item 8. Item 9: Public Hearings: A. Continued Public Hearing from June 9, 2009: AZ. 08-005 Meridian and Amity by Hawkins Companies Description: Continued Public Hearing from June 9, 2009: AZ 08- 005 Request for Annexation and Zoning of 73.10 acres from RUT in Ada County to R-15 (Medium High Density Residential) (5.68 acres), L-O (Limited Office) (3.22 acres) and C-C (Community Business) (30.72 acres) and C-G (General Retail and Service Commercial) (33.47 acres) zoning districts for Meridian and Amity by Hawkins Companies -Northwest Comer of West Amity Road and South Meridian Road: Request by applicant to continue to Meridian City Council October 6, 2009 Page 11 of 13 December 15, 2009 B. Continued Public Hearing from June 9, 2009: V AR 08-008 Meridian & Amity by Hawkins Companies Description: Continued Public Hearing from June 9, 2009: VAR 08- 008 Request for a Variance to UDC 11-3H-4 which prohibits new approaches from directly accessing a state highway to allow 2 right- in /right-out access points (approximately 660 feet from the north and south intersections) and 1 right-in /right-out /left-in access point at the % mile to State Highway 69 /Meridian Road for Meridian and Amity by Hawkins Companies - NWC of W. Amity Road and S. Meridian Road, south of Hams Street: Request by applicant to continue to December 15, 2009 De Weerd: So, Item 9 are two public hearings that were continued and they have been requested by the applicant to continue once more to December 15th, 2009. Bird: Madam Mayor? De Weerd: And that's Items A and B. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue AZ 08-005 and VAR 08-008 at the request of the applicant to December 15th, 2009. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the continuation to December 15th of Items 9-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinance No. Proposed # 09-1430: Update of Outdoor Sales and Temporary Uses Code De Weerd: Item 10 is Ordinance 09-1430. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 09-1430, an ordinance of the City of Meridian replacing Chapter 4, Title 3, of the Meridian City Code relating to outdoor sales and temporary uses, definitions, mobile sales units, temporary uses, citizen's use permits, and providing for a savings clause. Meridian City Council October 6, 2009 Page 12 of 13 De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like it read in its entirety? Seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance 09-1430 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10. 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 11: Executive Session per Idaho State Code 67-2345(1)(a) - (to consider hiring a public officer, employee, staff member or individual agent, not to include. This paragraph does not apply to filling a vacancy in an elective office) and (fl - (to consider and advise its legal representatives in pending litigation) De Weerd: Item 11 is an Executive Session per Idaho State Code 67-2345(1)(a) and (f). Do I have a motion to adjourn into Executive Session? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Executive Session as per Idaho State Code 67-2345(1)(a), (1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council October 6, 2009 Page 13 of 13 EXECUTIVE SESSION: (Adjourned into Executive Session at 7:26 p.m./Came out of Executive Session at 9:36 p.m.) De Weerd: I'd entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. We are adjourned. MEETING ADJOURNED AT 9:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) G ~~ r1 - ~ ~~~ ~ou-~~~~ ,~ o ; SEAL ~~ ~ ,~ ~ ~,9~ ~Sr1s~• Q.: ~'~, ,9 ~p ~.: ~~!!IlIII111111\~\ `~ / a'~ / o'?C1D DATE APPROVED HOLMAN, CITY CLERK