HomeMy WebLinkAbout2012-03-27~~E IDIAN~---
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, March 27, 2012 at 7:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Tim Pusey of Valley Shepherd of the
Nazarene
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Approve Minutes of March 13, 2012 City Council Workshop
Meeting
B. Amended Nampa-Meridian Irrigation District License
Agreement for the Fivemile Creek Pathway, Segment H1 at
Pine Avenue
C. Change Order No.2 for Meridian Road & Main Street Split
Corridor - Ph.2 Utility Improvements Design to Civil Survey for
the Not-To-Exceed Amount of $39,149.36 and Authorize the
Mayor to Sign and City Clerk to Attest
D. Real Estate Purchase and Sale Agreement City of Meridian
(Buyer) and Mountain West IRA, Inc. FBO Mark K. Bottles
(Seller) for the Purchase of Approximately 17.57 Acres of Land
Adjacent to City Owned Property on W. Cherry Lane, East of
McDermott Road Moved off of consent to Item 6
E. Assignment of Master Agreements from CH2M HILL, Inc to
CH2M HILL Engineers, Inc and Authorize the Mayor to Sign the
Assignment Letter Dated 12/21/11
Meridian City Council Meeting Agenda -Tuesday, March 27, 2012 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.
F. Approval of Beer, Wine & Liquor License Renewals for 2012-
2013:
Famous Dave's BBQ 3510 N. Eagle Road B/W/L
Wingers An American Diner 1701 E. Fairview g/W
Chili's on the Border 3004 N. Eagle Road B/W/L
Baja Fresh Mexican Grill 1440 N. Eagle Road B
The Cigarette Store 200 E. Fairview g
127 Club 127 E. Idaho g/yy/L
Rosauers Food & Drug 2986 N. Eagle Road B/W
Applebee's 1460 N. Eagle Road BNV/L
Ram Restaurant 3272 E. Pine g/W/L
Beef O'Brady's 1505 S. Eagle Road B/W/L
Epi's Basque Restaurant 1115 N. Main g/W
6. Items Moved From Consent Agenda
Item 5D Moved off of consent to this item. Approved with Conditions
(Pg 3-4)
7. Action Items
A. Public Hearing Continued from December 20, 2011: AZ 11-003
King Property by Dexter King Located at 1195 W. Overland
Road Request: Annexation and Zoning of 8 Acres of Land
within an R-8 Zoning District
Continued to September 18, 2012 (Pg 4-5)
B. Public Hearing: TEC 12-005 Arch Rock Subdivision by Mason
& Standfield, Inc. Located East Side of N. Linder Road,
Approximately 800 Feet South of W. McMillan Road Request:
Two (2) Year Time Extension on the Preliminary Plat in Order
to Obtain the City Engineer's Signature on a Final Plat
Approved (Pg 5-7)
8. Department Reports
A. Clerk's Office: Public Request Received by James Fuhrman to
Address City Council Regarding Various City Concerns and
Issues (Pg 7-10)
9. Future Meeting Topics
Adjourned at 7:24 p.m.
Meridian City Council Meeting Agenda -Tuesday, March 27, 2012 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 March 27, 2012
A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday,
March 27, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Rich Dees, Bruce
Chatterton, Mike de St. Germaine, Tyler Rountree, 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: Thank you for waiting for us. We are a couple minutes late, but welcome to
the City Council meeting. For the record it is Tuesday, March 27th. It's 7:03. Madam
Clerk, will you, please, call roll.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge
by Preston Kindrick. He is with Troop 168 with Meadow Grass Ward. I will turn this
over to our young Boy Scouts,.
(Pledge of Allegiance recited.)
De Weerd: Preston, I do have a City of Meridian pin that I would like to present to you
and thank you for leading us today. Thank you.
Rountree: Thank you.
Item 3: Community Invocation by Tim Pusey of Valley Shepherd of the
Nazarene
De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Pusey
with Valley Shepherd Nazarene Church. If you will all join us in the community
invocation or take this an opportunity for a moment of reflection. Thank you for joining
us.
Pusey: Thank you. Let us pray. Heavenly Father, we pause before the business of
this meeting begins to seek your blessing upon our community and specifically upon our
city leaders. We ask that your wisdom and your peace and your grace would reign over
Meridian City Council
March 27, 2012
Page 2 of 11
each. person in this room tonight and may the decisions made this evening be for the
ultimate good of the people of our community. Thank you, Father, for those who are
willing to serve our community in this way. Thank you also for your many blessings in
each of our lives and upon -- your blessings upon us as a community. We ask, Lord,
that you would teach us what it means to love you with all of our heart, with all of our
soul, with all of our mind, with all of our strength and to love and to treat our neighbor
the way in which we would want to be loved and treated. We ask this all in your name,
amen.
De Weerd: Pastor Pusey, thank you for setting us off in the right direction.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple of items to note on tonight's agenda. We are going to move Item 5-
D on the Consent Agenda to Item 6 and under Item 7-A, the applicant is requesting to
continue this item until September 18th, 2012, since they are out of town. So, with
those changes, Madam Mayor, I move adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of March 13, 2012 City Council Workshop
Meeting
B. Amended Nampa-Meridian Irrigation District License
Agreement for the Fivemile Creek Pathway, Segment H1 at
Pine Avenue
C. Change Order No.2 for Meridian Road & Main Street Split
Corridor - Ph.2 Utility Improvements Design to Civil Survey for
the Not-To-Exceed Amount of $39,149.36 and Authorize the
Mayor to Sign and City Clerk to Attest
E. Assignment of Master Agreements from CH2M HILL, Inc to
Meridian City Council
March 27, 2012
Page 3 of 11
CH2M HILL Engineers, Inc and Authorize the Mayor to Sign the
Assignment Letter Dated 12/21/11
F. Approval of Beer, Wine & Liquor License Renewals for 2012-
2013:
Famous Dave's BBQ 3510 N. Eagle Road B/W/L
Wingers An American Diner 1701 E. Fairview B/W
Chili's on the Border 3004 N. Eagle Road B/W/L
Baja Fresh Mexican Grill 1440 N. Eagle Road B
The Cigarette Store 200 E. Fairview B
127 Club 127 E. Idaho BIW/L
Rosauers Food & Drug 2986 N. Eagle Road B/W
Applebee's 1460 N. Eagle Road B/W/L
Ram Restaurant 3272 E. Pine B/W/L
Beef O'Brady's 1505 S. Eagle Road B/W/L
Epi's Basque Restaurant 1115 N. Main BIW
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: As noted 5-D has been removed from the Consent Agenda and will be dealt
with separately. I move approval of the Consent Agenda and the Mayor to sign and the
Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda as changed.
Madam Clerk, will you call roll.
Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From Consent Agenda
D. Real Estate Purchase and Sale Agreement City of Meridian
(Buyer) and Mountain West IRA, Inc. FBO Mark K. Bottles
(Seller) for the Purchase of Approximately 17.57 Acres of Land
Adjacent to City Owned Property on W. Cherry Lane, East of
McDermott Road
Meridian City Council
March 27, 2012
Page 4 of 11
De Weerd: Item 5-D was removed to be considered under Item 6. I will go ahead and
ask for Mr. Nary's comments.
Nary: Madam Mayor, Members of the Council, I think we are ready to recommend
approval of the real estate agreement subject to a new condition that we'd like to include
in the motion and that condition would be that the Mayor can sign and Clerk can attest
after the seller signs the agreement with the additional condition that the easement on
the property be -- or the easement on the property be negotiated to be moved from its
current location to a location -- a different location in the future as needed by the city,
either to the east or the west of the current location of the 50 foot easement and without
the need to subdivide the property in the future. So, with that conditional language you
could approve the agreement as -- subject tonight and the Mayor could sign if that gets
taken care of.
De Weerd: Thank you, Mr. Nary. Council, any questions?
Bird: I have none.
Rountree: I have none.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the real estate purchase between Meridian and
Mountain West IRA with the conditions as stated by the attorney.
Zaremba: Second.
De Weerd: I have a motion and a second to approve this item. If there is no discussion
from Council, Madam Clerk, will you call roll.
Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 7: Action Items
A. Public Hearing Continued from December 20, 2011: AZ 11-003
King Property by Dexter King Located at 1195 W. Overland
Road Request: Annexation and Zoning of 8 Acres of Land
within an R-8 Zoning District
Meridian City Council
March 27, 2012
Page 5 of 11
De Weerd: Item 7-A was requested to continue until September 8th. Do I have a
motion?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we continue Item 7-A, public hearing for AZ 11-003 until
September 18th, 2012.
Hoaglun: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
B. Public Hearing: TEC 12-005 Arch Rock Subdivision by Mason
& Stanfield, Inc. Located East Side of N. Linder Road,
Approximately 800 Feet South of W. McMillan Road Request:
Two (2) Year Time Extension on the Preliminary Plat in Order
to Obtain the City Engineer's Signature on a Final Plat
De Weerd: Item 7-B is a public hearing on TEC 12-005. I will open this public hearing
with staff comments.
Friedman: Thank you, Madam Mayor, Members of the Council. This is the second
Council level time extension by the applicant for the Arch Rock Subdivision. It's located
on the east side of Linder Road just south of McMillan. It's a 26 lot single family
attached development that received its original approval in 2007 and they have had one
staff level time extension and one Council time extension since then. They have
requested one more time extension. The property changed ownership, so we have a
new owner there and they are getting ready to move forward, I believe, and do
something. Staff has reviewed this and recommends approval with three new
conditions. Two of those conditions relate, again, to our new warranty surety
requirements from Public Works and Land Development and the third would be that
since these are going to be attached residences, that they would be subject to
certificate of zoning compliance and design review and our design review guidelines.
So, with that we would recommend approval. We did receive written testimony from the
applicant's engineer Scott Stanfield. He is in agreement with the conditions in the staff
report. Mr. Stanfield is also in the audience tonight if you have any questions.
Meridian City Council
March 27, 2012
Page 6 of 11
De Weerd: Okay. Thank you, Pete. Council, any questions for Pete?
Bird: I have none.
Rountree: I have none.
De Weerd: Any comments?
Stanfield: Madam Mayor, Members of the Council, Scott Stanfield with Mason Stanfield
Engineering out of Nampa and glad to be here this evening. I'm getting here a little bit
more and more, so, hopefully, that's a good thing. At least I think it's a good thing. Just
real quick, nothing's changed on the project, other than the owner, and the owner's
desire to move ahead. We have updated the construction plans and they are currently
out to ACHD and the City of Meridian. They were originally approved a couple years
ago by both entities, but, of course, the standards have changed, so we have had to
modify the plans slightly and get those approved from both those agencies within a
week or two and start construction on the infrastructure right away. And that's pretty
much a quick summary. Stand for any questions.
De Weerd: Thank you. Council, any questions?
Bird: I have none.
Rountree: I have none. Thank you, Scott.
De Weerd: Okay. Thank you.
Stanfield: Thank you.
De Weerd: This is a public hearing. Is there anyone who would like to offer testimony
on this item? Okay. Seeing none, Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we close the public hearing on Item 7-B.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-B. All
those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Rountree: Madam Mayor?
Meridian Cily Council
March 27, 2012
Page 7 of 11
De Weerd: Mr. Rountree.
Rountree: I move that we approve Item 7-B, TEC 12-005 for the extension for Arch
Rock Subdivision.
Bird: Second.
Zaremba: Second.
De Weerd: I have a motion and a second to approve Item 7-B.
Rountree: And, Madam Mayor, that would be with the staff's comments.
Bird: Yeah.
Zaremba: Second agrees.
De Weerd: Very good. If there is no further discussion, Madam Clerk.
Roll call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 8: Department Reports
A. Clerk's Office: Public Request Received by James Fuhrman to
Address City Council Regarding Various City Concerns and
Issues
De Weerd: We are on Item 8-A, which is a public request from Mr. Fuhrman to address
the City Council on some various city concerns. Mr. Fuhrman. And I think the staff
probably told you that you will be allotted five minutes.
Fuhrman: I didn't hear that, but we will -- we will try to make it.
De Weerd: Okay. Thank you.
Fuhrman: Anyway -- because, otherwise, I probably would ramble just a little bit.
Zaremba: Name and address.
De Weerd: I'm sorry, if you will state your name and address.
Meridian City Council
March 27, 2012
Page 8 of 11
Fuhrman: Oh. My name is James Fuhrman. I live at -- you want my address?
De Weerd: Yes, please.
Fuhrman: 1950 East Redwick, Meridian, Idaho.
De Weerd: Thank you so much.
Fuhrman: Okay. The -- this -- this request came just because of the hassles that have
happened. I have -- I'd like to ask you -- you don't have to -- I don't want you to answer,
but do you have any idea how long you could park a trailer along side the road in
Meridian? Does 72 hours seem logical? Does two hours seem logical? Would it seem
logical that you could park a trailer along side the road for 72 hours if the code
enforcement officer told you that? Well, unfortunately, I found out that Meridian has an
ordinance that says you can only park a utility trailer alongside the road for two hours.
The code enforcement officer did tell me 72 when it was parked on private property and
I asked them why they even cared about my trailer when it was on private property. But
that's only part of the situation, because I got this citation June 22nd of last year. I
thought it was very unfair when I got it. I walked out to the city police department and
said I'd like to say that this is not fair. What can I do about it? Basically they gave me
the same officer that had talked to me earlier about the 72 hours and she said there is
nothing you can do. I didn't tell you 72 hours. I didn't -- you know, I just didn't do that.
And what can I do about it? Well, you can go -- you can leave and we will send you a
summons. Well, dad gum it that's irrigating. But I went through the process. I got to go
to court today. That's how long the process took before I could even get there. You
know, I think Meridian ought set up something, because if you -- if somebody out here
has a parking ticket, if they go to the bank and they park in a parking spot and they --
then they leave, they go -- they come back an hour later to go to lunch, the people give
them a ticket, how in the heck do you contest it? You have to go -- go to summons --
you have to -- you know, nobody goes. Why did I go? I mean it was a 35 dollar ticket.
How much have I spent, you know, fighting the stupid thing. Why would I do that?
Well, the only reason I did it was because about five years ago a code enforcement
officer in Meridian on city letterhead wrote a letter to the county code enforcement
person about a piece of property that I owned out here at 720 Franklin and all hell came
down, because of that. They made me kick out my tenants. It took me two years to get
the use of my property back. Now I can finally use it for what it was. We have code
enforcement officers. I think the last time I checked there was five of them and what are
they doing? Are they trying to help us? They weren't trying to help me. Now, what I --
what was my main concern when I did that. I was upset that the city had spent four
million dollars trying to save something on this building and I'm going -- and I can't get
anybody's attention, but, well, I will stand up here tonight and say that I believe you're
going waste another two million dollars on the appeal by the time you get this thing
appealed and when you get done I do believe the judge is probably going to tell you
that, geez, you guys didn't bring up anything new, this is just a rehash. You lose. But,
you know, that's -- that's why I -- that's why my trailer was parked along side the road,
just to see if anybody had any -- you know, if I could get enough attention, but not very
Meridian City Council
March 27, 2012
Page 9 of 11
many people care. So, there we go. Now, the code enforcement officer that told me 72
hours, when they went to court today I tried to get them to admit that they had never
said that, because I have a tape recording of them telling me I have 72 hours. Now,
that's -- I don't know whether that offends you people or not. If I was sitting there it
would offend me, because those people are out there giving me a citation. How many
other citations are they giving and, then, lying to the people? I don't know. But I have
that tape recording. I was going to take it to court today, but I didn't, because I'm going
my truck -- my trailer was still parked for two hours. I was still going to probably lose
that ticket. But when I went to court today what happened? Now, first of all, when I had
to go to court it kind of offended me, because I know that the city has four attorneys at
least and I thought I was going to get up and at least be able to meet them in court. I
couldn't do that, because you guys sub out your trials to the city of Boise. So, I got the
city of Boise attorney that I went to.
De Weerd: Mr. Fuhrman, I'm sorry, can you just summarize what, because -- you know,
time flies when you're having fun.
Fuhrman: I didn't realize I only had five minutes until you told me that, by the way.
Anyway, I went to court when they -- when they -- when the prosecution was done at
court the judge was so upset that he didn't even let me put my case on at all, he told --
he told the defense -- I mean he told the prosecution that they had lost. They hadn't.
presented the case. He looked at the law of the City of Meridian and said who wrote
this? This is terrible. He said you -- to get -- to prove that somebody did this stuff you
have to prove this, this, this, this and this. You people need to look at that stuff and see
what happens in the court when it gets there, because they don't -- I mean if they go to
-- the only -- the reason everybody has to pay is because it's so time consuming to even
fight it, because I got this ticket on June 22nd. Never did anything to stall the process at
all, got to go in front of the court today because of a -- of a ticket for nothing. Thank
you.
De Weerd: Mr. Fuhrman, could I ask you a question? So, I know you said that you had
a question for us and I'm trying to find the question within your statement that you just
made. Is your question about our parking ordinance or can -- I just would like to get a
clear understanding of what -- what you're asking of the City Council.
Fuhrman: Well, the biggest thing that -- they need to look, because that judge said that
the ordinance that I was cited under was no good. He says it's got -- he says who wrote
this? It's got too many things that the people have to prove and all I'm saying is, you
know, I got to bring up one of four things that I wanted to bring up on this --
De Weerd: Okay.
Fuhrman: -- you know and all I'm saying is I'm pretty sure that what I -- what I was
going to tell anybody tonight was not going to make a hoot. Now, if somebody wants to
listen to the tape recording that I have of the code enforcement officer that, basically,
told me I had 72 hours and, then, cited me for two and told me they didn't tell me that,
Meridian City Council
March 27, 2012
Page 10 of 11
why I recorded it that day I don't know, but I had my tape recorder and I did it and it
made it so -- it offended me so bad that I took it clear to the court.
De Weerd: So, what ordinance are you referencing?
Fuhrman: The one I was cited on. What the heck one was it? 7-2-5. 7-2-5.
De Weerd: Well, certainly, if we have an ordinance that is not consistent, if -- if the
judge made a comment on it certainly we need to take a look at it.
Fuhrman: But can't -- but it looks to me like you should be able to do something else. I
mean that people wouldn't have to go through -- I mean because nobody else fights
those tickets, you know. If I hadn't got that code enforcement officer that cost me
50,000 dollars for, you know, 2,500 dollars a month for two years that I couldn't rent my
place, I would have never done this and I'm going -- because everybody that gets a
citation they pay the 35 dollars, guilty or not, because who is going to take nine months
to get to court, you know. Is that fair? It doesn't seem fair to me. There is five code
enforcement officers, can't they be heard?
Hoaglun: Madam Mayor? Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Yeah. I agree. I think we will take a look at that ordinance, see what the
judge had to say about that at this time. We can certainly do things and beyond that I
don't think there is -- there is anything else that we could do and we certainly don't have
control of the court system and how long they take before they hear cases, so I
appreciate you bringing our ordinance to our attention and we will see what the judge
had to say about that and take it from there. So, thank you, sir.
Fuhrman: Thank you.
Item 9: Future Meeting Topics
De Weerd: Okay. Counsel, we are on Item No. 9, future meeting topics. Any topics for
future agenda items?
Rountree: Madam Mayor, it sounds like we have an ordinance to talk about, but other
than that I can't think of anything.
De Weerd: Okay. Most certainly ask Mr. Nary to bring that back at our next workshop.
Nary: Madam Mayor, I already sent this to the prosecutor to ask what happened from
the court today, so that we can bring that back to the Council and let you know.
De Weerd: Okay. And so we will hear that on April 10th if that works for you, Mr. Nary.
Meridian City Council
March 27, 2012
Page 11 of 11
Nary: Certainly.
De Weerd: Okay. Anything further from Council? Okay. Oh, I'm sorry. Council, I
would entertain a motion to adjourn. This is just so early. You guy really lucked out.
You're getting the badge today? You picked the right meeting.
Rountree: Madam Mayor, I move we adjourn.
Bird: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:25 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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