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HomeMy WebLinkAbout2011-07-26E IDIAN ~~ CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA Tuesday, July 26, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by Stephanie Moore of Ten Mile Christian Church (Pg. 1-2) 4. Adoption of the Agenda Adopted (Pg. 2) 5. Consent Agenda Approved (Pg. 2-3) A. Approve Minutes of June 27, 2011 Special Meeting B. Approve Minutes of July 11, 2011 City Council Special Joint Meeting C. Approve Minutes of July 12, 2011 City Council Workshop Meeting D. Acceptance Agreement with National Watercolor Society for Display of Artwork in Initial Point Gallery from August 22 to October 7, 2011 E. Memorandum of Agreement Between the City of Meridian and PKG, Incorporated for Connection to Domestic Water System to Provide Irrigation Water for the Pinebridge Subdivision F. Access Agreement for Western Ada Recreation District (WARD) at Storey Park Meridian City Council Meeting Agenda -Tuesday, July 26, 2011 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Water and Sewer Easement granted by the Western Ada Recreation District (WARD) at Storey Park H. New Beer and Wine License Application for Public House LLC dba R & R Public House located at 1626 S. Wells Ave. Suite #115 Findings of Fact, Conclusions of Law: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land 6. Items Moved From Consent Agenda (Pg. 3) 7. Action Items A. Adoption of the FY2011 Amended Budget in the Amount of $71,374,077.00 Adopted (Pg. 3-4) B. Adoption of the FY2012 Tentative Budget in the Amount of $67,136,453.00 Adopted (Pg. 4) C. Continued from June 21, 2011: Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period (Pg. 4-6) D. Resolution No. 11-796: Adopting Community Development Block Grant (CDBG) PY2011 Action Plan Approved (Pg. 6) 8. Department Reports A. Clerk's Office: New Beer and Wine License for Matsuzawa Corporation dba Shige Teriyaki Located at 450 S. Meridian Rd. Suite 115 Approved Pending Ada County Approval (Pg. 6-7) B. Legal Department: Old City Hall Lease Discussion Will come back on 8/9/11 Agenda (Pg. 7-8) C. Planning Department: Ada County Highway District (ACRD) Cost Share Policy Changes (Pg. 8-14) 9. Future Meeting Topics (Pg. 15) Adjourned at 7:58 p.m. Meridian City Council Meeting Agenda -Tuesday, July 26, 2011 Page 2 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting July 26, 2011 A meeting of the Meridian City Council was called to order at 7:25 p.m., Tuesday, July 26, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Brad Hoaglun. Others Present: Ted Baird, Jaycee Holman, Pete Friedman, Caleb Hood, James Leslie, Rich Dees, Mark Niemeyer, Lori Den Hartog, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for being patient and waiting for us. We appreciate you all being here. For the record it is Tuesday, January --January --July 26th. Rountree: It seems like it. De Weerd: It's cold enough in here it feels like January. It is 7:25. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Hayden Westover. He's with Troop 173 and that's sponsored by the Greenhill LDS Ward. If you will all rise and join us in the Pledge. Item 3: Community Invocation by Stephanie Moore of Ten Mile Christian Church. De Weerd: Thank you, Hayden. Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore of the Ten Mile Christian 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. Moore: Thank you. Let's pray. God, we thank you for this wondertul day that we can enjoy all of the good things that you have for us and the beautiful weather and the sunny sky and all the different things going around us for the summer. It reminds us of all the ways that you care for us. And so, God, as we come tonight as a community to -- Meridian City Council July 26, 2011 Page 2 of 15 to plan ahead to -- to think about the things that have happened so that we can move forward with the things that need to happen, we ask for your guidance and your care over our community. We thank you that you promised to be with us when we ask for you and we thank you for your continued blessing on this community and especially on the leaders of our community, in Jesus name I pray, amen. Item 4: Adoption of the Agenda De Weerd: Thank you, Stephanie. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple items to note on the agenda. Item 7-D, the resolution number is 11-796. Let's see. I believe that's all we need to comment on at the moment. With that I move that we adopt the amended -- adopt the agenda with that one addition to it. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of June 27, 2011 Special Meeting B. Approve Minutes of July 11, 2011 City Council Special Joint Meeting C. Approve Minutes of July 12, 2011 City Council Workshop Meeting D. Acceptance Agreement with National Watercolor Society for Display of Artwork in Initial Point Gallery from August 22 to October 7, 2011 E. Memorandum of Agreement Between the City of Meridian and PKG, Incorporated for Connection to Domestic Water System to Provide Irrigation Water for the Pinebridge Subdivision F. Access Agreement for Western Ada Recreation District (WARD) at Storey Park Meridian City Council July 26, 2011 Page 3 of 15 G. Water and Sewer Easement granted by the Western Ada Recreation District (WARD) at Storey Park H. New Beer and Wine License Application for Public House LLC dba R & R Public House located at 1626 S. Wells Ave. Suite #115 I. Findings of Fact, Conclusions of Law: PP 11-001 Avendale Subdivision by Silver Oaks Apartments, LLC Located North of W. Franklin Road and West of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Six (6) Multi-Family Building Lots and Six (6) Common/Other Lots on 24.61 Acres of Land De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we adopt the Consent Agenda as published and authorize the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to adopt the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Adoption of the FY2011 Amended Budget in the Amount of $71,374,077.00 De Weerd: So, we will move to Item 7-A, which is the adoption of the FY-2011 amended budget. Meridian City Council July 26, 2011 Page 4 of 15 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the amended budget for fiscal year 2011 in the amount of 71,374,077 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Adoption of the FY2012 Tentative Budget in the Amount of $67,136,453.00 De Weerd: Item 7-B is also the adoption of the FY 2012 tentative budget in the amount as published. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we adopt the tentative fiscal year 2012 budget in the amount of 67,136,453 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Continued from June 21, 2011: Public Hearing: CDBG Program Year 2011 (PY2011) Draft Annual Action Plan-Open Public Hearing and Comment Period Meridian City Council July 26, 2011 Page 5 of 15 De Weerd: Item 7-C is our continued public hearing from June 21st on the CDBG program year 2011. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council. We are here before you this evening for the adoption of the program year 2011 action plan for our Community Development Block Grant program. We were last here on June 21 and we had a number of people testify regarding the draft action plan. All of the comments that were received at the hearing on the 21st of June are now included in the action plan. No additional comments were received between the hearing in June and the meeting today. Based on the comments at that meeting and at the direction of Council staff modified the action plan to include a funding amount for the all abilities playground project. That funding amount is now 75,000 dollars. The plan that's before you this evening that's the only major change from the draft plan that we reviewed on the 21st of June, so there are no other substantial changes made to that plan. So, with that the program year 2011 allocations include the 20 percent allocation for the administration and planning. As I mentioned the 75,000 for the all abilities playground, 25,600 for the Meridian Food Bank, 10,000 for the Meridian Boys and Girls Club and those two items are public service -- fall into our public service categories and for the affordable housing category we are funding two entities for our home ownership assistance program for the Ada County Housing Authority and Neighborhood Housing Services for a total of 35,000 dollars and, then, there are economic development sections, we are funding a facade improvement program through the Meridian Development Corporation for 40,000 dollars. Our total allocation for this coming program year is 230,715 dollars. So, with that I'd like to request that we close the public hearing that was opened on June 21st and adopt the program year 2011 action plan and if that happened this evening I'd request that you direct staff to submit the final action plan to HUD for review. One thing I didn't have on there and as I was going through I forgot to mention I did have word from the -- our labor relations contact in Seattle today that by funding any portion of the playground project it will trigger Davis Bacon wages, so we have made the applicants of that project aware of that, so that will have additional reporting and administration requirements for that that we can support that group in making sure that they follow through with those requirements properly. De Weerd: Great. Thank you, Lori. Any questions for staff? Rountree: I have none. Zaremba: Thank you. De Weerd: Is there any members of the public that are here to testify on this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 26, 2011 Page 6 of 15 Rountree: Seeing no one wishing to provide testimony, I move that we close Item 7-C, the public hearing on the CDBG program year grant. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. CARRIED: THREE AYES. ONE ABSENT. D. Resolution No. 11-796: Adopting Community Development Block Grant (CDBG) PY2011 Action Plan De Weerd: That moves us to Item 7-D, which is resolution No. 11-796. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-D, Resolution No. 11-796 adopting the Community Development Block Grant for 2011 and the action plan and authorize the staff to move forward with the submission of the plan to HUD. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-D. Is there any discussion? Madam Clerk, roll call, please. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports A. Clerk's Office: New Beer and Wine License for Matsuzawa Corporation dba Shige Teriyaki Located at 450 S. Meridian Rd. Suite 115 De Weerd: Okay. We will move Item 8-A, which is our Clerk's office. I will turn this over to Madam Clerk. Holman: Thank you, Madam Mayor. This is another one of these beer, wine, liquor licenses that you have seen in the past where Ada county is meeting the same night we are and approving it, so we are just asking you to approve this, but with the -- basically Meridian City Council July 26, 2011 Page 7 of 15 conditional upon them providing us a copy that they were -- proof they got their county license. So, the Mayor can sign tonight, but I will hold my signature and stamp until we receive that proof. De Weerd: Thank you. Council, any questions? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the new beer and wine license for Matsuzawa Corporation dba Shige Teriyaki and authorize the Mayor to sign and the Clerk to sign after she sees the Ada county approval and to hold it until she has seen that approval. Rountree: Second. De Weerd: Okay. I have a motion and a second on Item 8-A. Any discussion? Okay. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Hoaglun, absent; Zaremba, aye. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Legal Department: Old City Hall Lease Discussion De Weerd: Item 8-B is under our Legal Department and Mr. Baird Baird: Thank you, Madam Mayor, Mayor and Council. We were going to give you an update tonight on the ongoing discussions with the potential tenant for old city hall, the Meridian entreprenurial think tank, whose proposal was last discussed with you in a meeting in May. We are, getting pretty close on bringing you the final lease documents and I intend to have that for you on the 9th of August. We were hoping to have Julie Larsen, who is the organizer of the think tank here tonight, but she was unable to be here. So, she will be here on the 9th as well to provide you an update on her efforts in putting this together. So, we will have both her presentation and the proposed lease to you on the 9th. So, I'd just ask that we move this item to that agenda. De Weerd: Okay. Thank you. Council? Zaremba: Madam Mayor, do we need a motion to that effect or -- Meridian City Council July 26, 2011 Page 8 of 15 Baird: Just your direction. And I'm seeing nodding heads, so we will just make sure it gets on that agenda. Rountree: See you on the 9th, then: Baird: It's not a public hearing, so we don't need anything in particular. De Weerd: Nodding heads work really well on the public record. Zaremba: Mine makes noise when I nod, so -- Rountree: His rattles, so -- C. Planning Department: Ada County Highway District (ACRD) Cost Share Policy Changes De Weerd: Okay. Item 8-C under our Planning Department. We will turn it over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I appreciate you adding this item last minute. No, this isn't deja vu, I'm here again to talk to you about the cost share ordinance at ACRD. I know you're all familiar with it at this point. And I don't have many comments to share with you tonight, I'm just going to quickly run through the changes that ACRD released yesterday morning. You all were on the distribution list for that a-mail. I also asked the clerk to scan those in, so you should have -- in your laser fiche you should have a copy of those red line changes as well, if not hard copies. Christy Little has volunteered I guess is the right word to attend tonight to listen to the discussion. If you have any questions she might be able to field them. Again, I think I will just quickly highlight some of the changes, but, really, I'm looking for your feedback this evening. So, without any further adieu I'm going to jump right in. And, again, I'm not going to highlight every change, there was certainly some grammatical changes and other kind of what I would consider minor changes, but I will highlight some of what I think are more major changes or things that we had concern about and in the letter that we previously sent to ACRD on this topic. So, the first one on page three that I'd like to highlight is a positive change. It is a new item I, it states that ACRD is adopting a policy that authorizes a proportionate credit based on the cost of the transportation component that would otherwise be installed by ACRD in lieu of a nontransportation component. So, if they were going to hardscape and we want to landscape it, they will give us a credit for what the hardscaping would have cost the district. The second thing that I wanted to highlight for you is on page five. I talked to Sally Goodell today a little bit, got some clarification on some of these things and feel a little bit better about how some of this will work out. Some of the language I'm still not a huge fan of, but if the intent is how Sally described it to me, some of that anxiety kind of goes away. But I still am a little concerned about how we receive notice of what is a highway necessary -- highway necessity or transportation component and what isn't. Do we have to ask? Do they just tell us? You know, where --when does it happen in the process. If it happens too late, Meridian City Council July 26, 2011 Page 9 of 15 then, we are on the hook for redesign, you know, if it's something we want to partner on. So, again, I think we can work through some of that. I'm also hopeful -- Sally mentioned maybe putting some spreadsheet or a process outline together, just kind of a flow chart of how things will occur interdepartmentally and between our agencies. She did mention that they won't do this evaluation for all projects. Some are pretty straight forward. But when they are done it would be a way for the city to appeal an element if we believe it should be deemed a transportation component and not a nontransportation component. The other -- another item I'd like to highlight -- and this is probably -- pages eight and nine I think are a lot of the meat -- it's where the kind of line in the sand is drawn, if you will, between what ACHD will pay for and what a potential partnering agency will be on the hook for. So, on page eight, 3109.6.2, transportation components at ACHD will pay for it if they are deemed a highway necessity. Item E, paved medians, that's something they will pay for. Again it comes back to when is it determined if that median is a transportation necessity or not. So, that really hasn't been clarified all that extensively. Item G, highway lighting, it still says primary benefit of the motorist, so nothing about pedestrian lighting is included in the revised cost share ordinance. And drainage. So, landscaping isn't called out in drainage or stormwater retention. That was one of the things we asked for. They don't state that they will pay for landscaping or it's a high necessity for storm drain ponds. So, these are the things we previously had questions or commented on. I'm going to jump over now to page nine, 3109.6.3, the nontransportation components. Ajust still says landscaping, so to read that --and this is something I talked to Sally a little bit about, too. She talked to Steve Price and the word is is that if -- a roundabout, there needs to be some vertical relief, so ACHD could -- it's a highway necessity, so they need to put vertical relief in -- they could buy landscaping for a roundabout, if the city would agree to maintain that and take over the maintenance, do a license agreement on that roundabout, if we were so inclined. So, that would be kind of an exception to that rule. Storm ponds, again, aren't listed and, of course, the planters are between -- if you detach asidewalk --aren't listed there either. So, that was the one exception to the rule that I have kind of found out was that roundabouts could be landscaped potentially. Again, C, decorative lighting or other illumination features primarily benefiting motorist --that don't primarily benefit the motorists are -- a partnering agency would be on the hook for that. I'm going to jump ahead to page 13 and why I read this in conjunction, again, with the changes that were made to that were the last page, which you don't have to jump there, but there is a table that basically states what ACHD would be willing to pay for and what a potential partnering agency would have to pay for. Land acquisition. This is something that the city has benefited from. ACHD has been willing to pay for the additional few feet on either side of a roadway so we could have the detached sidewalks. I got confirmation today that Sally --from Sally that if, in fact, it is a transportation element -- and I got to go back to when that's determined or not. I still don't fully know that. But they will buy up to six feet. We aren't on the hook for the first six feet. Now, if we wanted a ten foot or a 12 foot wide sidewalk or whatever, then, we have to pay for that additional, but, essentially, the first six feet to detach a sidewalk is still on the district. That is their intent. The way this reads that's a transportation component, it certainly -- a highway necessity certainly plays into that, but, again, I'm not concerned, because we don't have to buy the right of way for our, quote, unquote, standard street that we are hoping for. Meridian City Council July 26, 2011 Page 10 of 15 And I think one of the last things that I want to point out is on page 15, federally funded projects. This is something that Councilman Rountree brought up during the joint meeting here, what, three or four weeks ago now. It talks about the match -- if the feds require the match of mitigation maintenance of ACHD for the roadway project, then, ACHD will be responsible, but if it's a nontransportation component that match needs to come from a partnering agency. I'm not quite sure what happens if we don't apply for cost share in that, but it's part of the condition of requiring that grant, however that all works out, but -- yeah. So, anyways, it sounds like we are on the hook for that match if it's a nontransportation component, similar to the rest of the -- rest of the ordinance. I mean it sounds like it's real similar in structure, if it's anything that would be required in a project. We have to come up with the matching dollars. So, I think those are the things I just wanted to highlight for you. Maybe just another comment --not necessarily on any of the changes, but the application process, just looking at that a little bit more in detail. It does seem to be pretty onerous, especially for something where we are just trying to get an idea or request that we put something in, they want some pretty detailed cost estimates and impacts and I think over time we could come up with that, but a lot of that information I just don't know that we are going to have that early in the process. If it's before it goes into design, we just aren't going to be able to answer some of the questions they are asking in an application. So, I think we can work through some of that stuff if this ordinance goes through. I'm hopeful that our staffs can get together and we can work through some of those things. But just looking at it on paper, it was very detailed, very onerous, very time consuming just to get in the door, if you will, just to have them consider that. So -- and I did talk a little bit with Sally, too, about current projects, that's something I mentioned in my a-mail yesterday. Anything that's currently signed and we have an agreement with the highway district is still valid. This isn't going to trump that. So, those projects will still move forward under those terms. So, split corridor or Franklin, Ustick, some of the projects that are out there that we already have similar agreements are still good. Councilman Zaremba asked me to contact other cities to see maybe what they were --their response was going to be to this ordinance and their game plan and we only have a few days now. August 3rd ACHD is going to hold a public hearing, so next Wednesday. I called Nicole Baird-Spencer at Eagle and got her voicemail. Karen Gallagher called me back, but she doesn't quite know yet, her council hasn't all responded, so she is not quite sure what their game plan is. And, then, Jennifer Burrows in Garden City was out of the office today, so I struck out there. I have no idea what other cities in Ada county are doing, but I tried. I do have a few comments that I received this afternoon as well that I would like to share with you from Jay Gibbens. I'm just going to read it from his a-mail. My main concern is in regard to the project design, Sections 3109.8.1 B and C, all design and operation costs are the responsibility of the partnering agency, including cost overruns. There are no provisions for any oversight over any element of a project by the partnering agency if the partnering agency is responsible for any and all costs involved from design through construction administration. So, that seems to be pretty serious to me. If we are just writing a blank check, essentially, but we don't have any control over the cost overruns and the project management stuff, I could definitely see where that may cause some concern for us having to enter into an agreement. The other thing that he -- the comment was several section state that the partnering agency shall be responsible for Meridian City Council July 26, 2011 Page 11 of 15 any and all costs for specific elements and, then, state that ACHD retain the right to remove them at anytime. So, his question is will they be reimbursed. If we put it in one year and they take it out the next, what assurances are we going to have any --any bang for that buck. So, sorry that was so long winded. I told you I was here to hear comments and that's still true, but I wanted to run through my analysis just a little bit more in depth and, then, also ask if -- Councilman Zaremba was kind enough to sit with me in June I think the previous meeting was scheduled for at the hearing. Again, the hearing is next Wednesday, 6:00 p.m. If we have any comments I think it would be better coming from one of you -- one or more of you, if you're able to attend, but if not I will carry the flag on any direction you give me now. So, with that, Madam Mayor -- De Weerd: Thank you, Caleb. Council, questions or comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Four come to mind if I may. One of them is I will out of town next week and unable to be the one that will be there. I agree with Caleb it would be nice if one of us were. Caleb does an excellent job and represents us well, but having one of us even in the audience I think would be useful. Three other questions to the subject. I still struggle with pedestrian lighting not being a transportation element, but pedestrianism is a transportation component and in my opinion having adequate lighting for pedestrians keeps them from walking in the streets, so it's also a driver component -- would be a safety issue and I think I would like to push back or continue to push on that subject that -- yeah, primarily for the motorists, but there is reason for motorists why pedestrian lighting is -- is a good idea as well. And next would be on the purchase of right of way, where ACHD is willing to buy up to six feet of it and, then, we would have to contribute the rest. I certainly appreciate the first six, but my question would be the mechanics of making that happen. If we said that we wanted to have afour -- five foot and they are offering to do three and, then, we have to pay for the other two, are they actually going to buy all of the right of way and, then, we would reimburse them or are we going to have to deal with the property owner on two feet? So, you may know the answer to that, but that would be a question. And, then, third is perhaps a question for Ted -- or fourth -- this is my fourth one, I believe. If, in fact, we are paying ACHD to put in landscape or other elements that we as a city may wish to have on a consistent basis, and the cost of the project is greater than 25,000 dollars, do we have to get three bids? Baird: Council Member Zaremba, Members of the Council, the way we have approached this in the past is that we have let ACHD handle it through their own purchasing procedures. We are confident that they follow their own rules. It's strictly a reimbursement agreement. They are low bid operators as well and the whole reason for that is to assure that we are getting a good value. I think there are adequate assurances in place, so we don't need to add that additional layer onto that. Zaremba: Thank you. That was it for me. Meridian City Council July 26, 2011 Page 12 of 15 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with David's comments and I have one more concern and it relates to that paragraph M and federal grants and federal funds. I see two sentences that remain in that second paragraph. The only difference is one says federal law requires and the next one says federal agency required. If a project is federally funded and there is a requirement, it's law. To me there is no exception. If the feds require landscaping, mitigation, a wetland, a noise wall, a certain design feature, lights -- it's required to get the grant, that's the law. So, to me to have that second sentence in there is silly. In fact, if it's a requirement to have landscaping, it's a requirement on ACHD to do the maintenance. We wouldn't have to agree to do the maintenance. To me those two sentences are somewhat indicative of a lot of the language in the ordinance that's not particularly concise and I see this ordinance being the bed of a lot of necessary debate and discussion and dialogue in the future trying to understand what certain words mean, how -- how and who arbitrates between what is and what isn't a transportation necessity. I just have problems, as I said in our meeting, I'd like to see this done some other way than through an ordinance. I do appreciate the fact that they at least recognized some of the public transportation aspects of roadways as a transportation need and I appreciate them recognizing that and changing the language to reflect that, but I have problems with that federal thing, it's -- if it's a federal requirements it's -- basically, they are putting federal aid at the discretion of the local communities, because the way the second sentence is written if they term it's not a transportation necessity and there is a match required for aproject -- for a component of a project and the locals say we are not going to match it, then, apparently the federal aid project goes away -- I don't understand that kind of mentality. De Weerd: Well, I guess I would add if there are certain elements part of federal dollars and federal funding, why it's not applicable and eligible in any kind of project. Now, during the meeting that we had with Ada County Highway District you did offer to meet with Mr. Price or -- or the director -- Rountree: I did talk to Steve about that particular item and I thought he was clear that, you know, federal projects and federal funding is -- whatever they require, if they are going to receive the federal monies, they are going to have to provided the federal match. Bird: That's right. Rountree: Either that or say they don't want the federal money if they can't coax somebody else to match something that they don't think is a transportation necessity struggle with that. De Weerd: Yeah. Meridian Cily Council July 26, 2011 Page 13 of 15 Rountree: I understand what they are trying to do, I understand that there is not enough money to go around and I appreciate the efforts that they have taken, but there is just some of this stuff that just doesn't make good sense to me. And that one in particular. De Weerd: Tell us what you really think. Any other comments? So, Caleb, with the feedback that you have received do you have enough to draft a letter or at least -- Hood: I think so. Maybe just one clarification. Would you -- would you rather me start or end with the language in the ordinance -- we hoped it could be done a better way? Would you like to start or end with that or book end -- really, I heard two comments, the lighting for pedestrians is of benefit to motorists, too, and the federal requirements being long, that should be part of it and then -- Rountree: I think you recognize the good things they did in modifying it, they did some good things. Hood: Yeah. Rountree: I appreciate that. But there is just some things that are going to result in some discussion that's not necessary. Hood: And maybe, you know, with what -- you know, again, I'm hopeful that as staff we can work together to kind of work out the kinks and if this will sit on the shelf a little bit more than actually be on everyone's desk front and center, we can still work some things out. Rountree: That would be my desire. Hood: That makes sense, really, so -- thank you, Madam Mayor. If you don't mind, can I run one other quick thing by you, just because it was -- ACHD asked me today. It's fun. It's a fun activity, if you don't mind, for just -- De Weerd: Only if it's fun. Hood: Two minutes. It's fun. De Weerd: It looks like a roundabout. Who is paying for it? Zaremba: Madam Mayor, while he's handing that out, I would agree with what Councilman Rountree said, that in the letter include some things thanking them for the effort that they are putting into it and that we do appreciate the things that they have identified that they are funding. Hood: So, Madam Mayor, Members of the Council, the picture I just handed out -- and have got a better one. I think the one on the screen maybe does a little bit more justice, Meridian City Council July 26, 2011 Page 14 of 15 but I'm not trying to prejudice your take, but ACHD asked the -- you're all familiar with this roundabout, I'm sure it looks a little different with this sculpture in the middle of it, but this is the one at Pine and Webb, which they just paved earlier this week. It was the two legged roundabout for some time and now it has at least got a third leg. It's barricaded right now, but this is what the developer has proposed to put in that median and ACHD asked us if we have any comment or not. So, that is kind of a gateway into -- you know, towards our downtown or leaving our downtown, it's between Eagle Road and Locust Grove, so I thought -- I told them I'd share it with you and if you have any comment, great, if not they asked -- they asked us for a comment, so I thought that was a positive anyway, so there you have it. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think it looks like fun. It would be fun to have it there. I wonder if we want to ask the arts commission to weigh in on it or is that -- is that putting bureaucracy in this? Bird: It looks like a flying elephant. De Weerd: The eye of the beholder. Rountree: Public art comes in all forms and I think that we need to be open to public art. I'm not sure that this is what I choose for that location, but if the developer in his development thinks this fits with his -- Bird: That's right. Rountree: -- development, then, what am I to say De Weerd: And the person paying for it; right? Hood: I failed to mention. Maybe it helps. There is a water feature somehow that's supposed to spill out of that and I'm not quite sure how that works, but will also be part of this, a water feature, so -- Rountree: But I do agree with David, I think we have established an arts commission, they certainly ought to have an opportunity to work with the developer on this particular piece. They are trying to establish a sense of public art in our community and I think that would be something that I would hope the developer would be willing to sit down with them. Hood: I will forward that comment onto the Highway District. Thank you. Appreciate the extra time. Meridian Cily Council July 26, 2011 Page 15 of 15 Item 9: Future Meeting Topics De Weerd: Thank you. Okay. Council, Item 9 is future meeting topics. Do you have any items for consideration for future agendas? Rountree: No. Zaremba: Not me. Bird: I have none. De Weerd: Well, we are at the end of our agenda. I would entertain a motion to adjourn. Bird: So moved. Zaremba: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:00 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR Tfj 9 Y De WEEF~p~11111IIIII,,,, ~~ ~~~pSePO,~q o~Ol~ ~, S ~ _ AT~~s~ EF~ / //~~~INI I 11.111111\` 6 / / l o2D ll DATE APPROVED HOLMAN, CITY CLERK