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HomeMy WebLinkAbout2014-08-19IDIN CITY COUNCIL REGULAR x MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 19, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener . Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Tim Pusey 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District B. FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re -Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District C. Approval Of Purchase Of ZOLL AED's, Storage Cabinets And Training Devices From Lifemed Safety, Inc For The Not -To -Exceed Amount Of $67,987.34. D. Approval Of Purchase Of Lachat Quikchem Flow Injection Analysis System And Associated Equipment For The New Lab At The Wastewater Treatment Plant From Fisher Scientific For The Not -To -Exceed Amount Of $190,471.22 Meridian City Council Meeting Agenda — Tuesday, August 19, 2014 Page 1 of 5 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. E. Approval of Award of Bid and Agreement for "Public Safety Training Center - Construction" to D&A Door Specialties, Inc. (Bid Package 8) for a Not -To - Exceed amount of $69,860.00. F. Cost Share Permit Agreement with ACHD for the Ten Mile Road, Cherry Lane to Ustick Road Widening Project G. Cost Share Permit Agreement with ACHD for the Ustick Road, Locust Grove Road to Leslie Way Widening Project and the Ustick/Locust Grove Intersection Project H. Tradewinds Subdivision Sewer and Water Easement I. Amended onto the Agenda: Final Order Approving FP 14-028 Oaks South No. 2 by Coleman Homes LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Final Plat Approval Consisting of Thirty -Four (34) Single Family Residential Lots and Nine (9) Common Lots on 11.23 Acres of Land in an R-4 Zoning District 6. Items Moved From Consent Agenda None (Pg 4) 7. Action Items A. Public Hearing: FY2014 Amended Budget of $91,485,197.00 Approved (Pg B. Public Hearing: FY2015 Proposed Budget of $93,757,229.00 Approved (Pg C. Public Hearing: Proposed Addition to Fee Schedule of the Community Development Department (Pg 24-26) D. Resolution No. 14-1003: A Resolution Adopting the Fee Schedule of the Community Development Department, Planning Division Approved (Pg 26- E. Public Hearing: Proposed Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department (Pg 27-30) F. Resolution No. 14-1004: A Resolution Adopting the Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved (Pg 30) G. Approval of Development Agreement: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately Meridian City Council Meeting Agenda — Tuesday, August 19, 2014 Page 2 of 5 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. 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C -G to I -L Zone and Rezone of 1.12 Acres from I -L to C -G Zones Approved (Pg 31-34) H. Public Hearing Continued from July 22, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District Motion approved to continue hearing to 9/2/2014 (Pg 34-35) Public Hearing Continued from July 22, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Motion approved to continue hearing to 9/2/2014 (Pg 34-35) J. Public Hearing Continued from July 22, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Motion approved to continue hearing to 9/2/2014 (Pg 34-35) K. Public Hearing: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District Approved to include the recommendations from Ada County Highway District in the Development Agreement (Pg 35-52) L. Public Hearing: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District Approved with Conditions including the development of a task force to work towards sidewalk connectivity (Pg 35-52) M. Public Hearing: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision Motion approved to continue hearing to 9/16/2014 (Pg 52-53) Meridian City Council Meeting Agenda — Tuesday, August 19, 2014 Page 3 of 5 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. N. Public Hearing: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District Approved (Pg 53-59) O. Public Hearing: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District Approved (Pg 59-66) P. Public Hearing: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision Approved (Pg 59-66) Q. Public Hearing: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones Approved (Pg 66-69) 8. Department Reports A. City Clerk's Office: Room Reservation Policy Update (Pg 69-70) B. Resolution No. 14-1005: A Resolution Approving the Updated City of Meridian Room Reservation Policy Approved (Pg 70-71) 9. Ordinances A. Ordinance No. 14-1619: An Ordinance (RZ 09-005 Seyam Subdivision) For The Re -Zone Of A Parcels Located On The North Side Of E. Franklin Road, Approximately 1,200 Feet East Of The Eagle/Franklin Intersection In The Southwest'/4 Of Section 9, Township 3 North, Range 1 East, And Annexing Certain Lands And Territory; Establishing And Determining The Land Use Zoning Classification Of 6.54 Acres Of Land From The C -G (General Retail & Service Commercial) Zoning District To The I -L (Light Industrial) Zoning District; And 1.12 Acres Of Land From The I -L District To The C -G District; And Providing An Effective Date. Approved (Pg 71-72) Meridian City Council Meeting Agenda — Tuesday, August 19, 2014 Page 4 of 5 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. B. Ordinance No. Proposed # 14-1620: An Ordinance Amending Meridian City Code, Updating References to Former Meridian City Code Section 1-4-1, Regarding General Penalties, To Reflect the Current Location, Meridian City Code Section 1-2-1, as Renumbered Pursuant to Ordinance 14-1608. Approved (Pg 72-73) 10. Future Meeting Topics None (Pg 73-74) Adjourned at 9:59 PM Meridian City Council Meeting Agenda — Tuesday, August 19, 2014 Page 5 of 5 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 Auaust 19, 2014 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, August 19, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Genesis Milam, Joe Borton, David Zaremba and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Caleb Hood, Clint Dolsby, Mike de St. Germain, Mark Niemeyer, Chris Amenn, Stacy Kilchenmann, Todd Lavoie, Justin Lucas, Sonya Watters and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Our sincere apologies to all of you for starting this next section late. We apologize, but thank you for joining us. We will go right into our next agenda. For the record it is Tuesday, August 19th. It's 6:35. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tim Pusey De Weerd: Tonight we will be led in our community invocation by Pastor Tim Pusey with the Valley Shepherd Church of the Nazarene. Thank you so much for being here. I almost didn't recognize you with the facial hair. I was going to say who is sitting there. But if you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Pusey: Father God, we bow our heads before you at the beginning of this meeting seeking your wisdom and your grace as the City Council carries out the business of our city. Thank you, Lord, for those in leadership who are willing to give of their time and energies to the concern of our city and for those who serve Meridian through the police and fire department and throughout all of the various departments of City Hall. We thank you, Lord, for this wonderful community in which we are privileged to live and the Meridian City Council August 19, 2014 Page 2 of 74 many ways in which you have blessed us and as we consider our blessings we pray for those less fortunate all around the world who many live in cities of terrible poverty and unimaginable violence and we pray also for those right here in our city who struggle with poverty. Father give our City Council wisdom and insight to make decisions that affect your community this evening. Give energy to those who have already had a very long day and when the meeting is concluded may there be a sense that something good has taken place here this evening. We ask these things in our Savior's name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: There are several additions and -- additions and corrections to the agenda. On Item 5 it's been requested to add Item H, final order approving FP 14-028 and Item 7-D, the resolution number is 14-1003. On Item 7-F the resolution number is 14-1004. Items 7-H, I and J have been requested to be continued until September 2nd. Item N has been requested to be continued until September 16th. Item 8-B, resolution number is 14-1005. Item 9-A the ordinance number is 14-1619. Item 8-B, the ordinance number is 14-1620. And with those additions, Madam Mayor, I move we approve the agenda as published. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District B. FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re - Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Meridian City Council August 19, 2014 Page 3 of 74 Approximately 6.77 Acres in the R-15 Zoning District C. Approval Of Purchase Of ZOLL AED's, Storage Cabinets And Training Devices From Lifemed Safety, Inc For The Not -To - Exceed Amount Of $67,987.34. D. Approval Of Purchase Of Lachat Quikchem Flow Injection Analysis System And Associated Equipment For The New Lab At The Wastewater Treatment Plant From Fisher Scientific For The Not -To -Exceed Amount Of $190,471.22 E. Approval of Award of Bid and Agreement for "Public Safety Training Center - Construction" to D&A Door Specialties, Inc. (Bid Package 8) for a Not -To -Exceed amount of $69,860.00. F. Cost Share Permit Agreement with ACHD for the Ten Mile Road, Cherry Lane to Ustick Road Widening Project G. Cost Share Permit Agreement with ACHD for the Ustick Road, Locust Grove Road to Leslie Way Widening Project and the Ustick/Locust Grove Intersection Project H. Tradewinds Subdivision Sewer and Water Easement Amended onto the Agenda: Final Order Approving FP 14-028 Oaks South No. 2 by Coleman Homes LLC Located South Side of W. McMillan Road\Between N. McDermott Road and N. Black Cat Road Request: Final Plat Approval Consisting of Thirty - Four (34) Single Family Residential Lots and Nine (9) Common Lots on 11.23 Acres of Land in an R-4 Zoning District De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as amended and authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you call roll Meridian City Council August 19, 2014 Page 4 of 74 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I will ask is there anyone here in attendance that was here for the public hearing on Items 7-H, I and J regarding Shallow Creek? If you will raise your hand if you are. Okay. Typically if there is a request to continue an item, it isn't always a for granted, but I do want to make sure that no one was here specifically for that item, so thank you. Anyone here for Item M -- 7-M. Okay. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: FY2014 Amended Budget of $91,485,197.00 De Weerd: So, we will move into the Action Items. Under 7-A is a public hearing on the fiscal year 2014 amended budget. Kilchenmann: The budget. We meet again. So, for the FY -14 budget, in front of you and also made available for the public is the list of amendments that you have already approved. So, I have not prepared a formal presentation to go through all of these. One item that I did want to point out to you specifically is the second from the top. It says -- well, I will shorten it, but community development equity transfer to CIP fund and it's about 1.5. So, what that is is every year at the end of the year, once we have finished completely going through the closing process and the audit, if there is money left over between the building department revenue and the building department expenses, we transfer it to the capital improvement fund, where it can only be used for capital improvement projects and this is actually per city ordinance. This amount does not represent just one year of activity, this is two or three years. So, that is one item you haven't seen before. We do that as a matter of routine when we feel there is enough money to make the transfer. So, the other items -- you have the list on the General Fund side and you have the list on the Enterprise Fund side. De Weerd: Okay. Council, any questions for Stacy? These are all items you have seen before. Okay. Kilchenmann: If there aren't any questions, then, we just need a motion to pass the amended budget. Meridian City Council August 19, 2014 Page 5 of 74 De Weerd: Well, this is a public hearing, so I will -- is there anyone in our audience who would like to offer testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no public testimony, I move we close the public hearing on FY -2014 amended budget for 91,485,197 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: FY2015 Proposed Budget of $93,757,229.00 De Weerd: Okay. Item 7-B is also under -- Kilchenmann: The FY -15 budget. So, we are here for the final meeting on the FY -15 budget -- De Weerd: Sir, we will call on you after the presentation if -- okay? Thank you. Kilchenmann: So, this budget we have all spent a great deal of time and blood, sweat, and tears on. So, I'm going to give kind of just an overview of this -- I'm not going to list every single enhancement, I'm just going to kind of give you an overview. I believe you have a summary that we have made available in the back and, then, also to you that was -- real deep detail for this budget. So, this budget is -- for the whole is about 93.7 million dollars. 93.8 million dollars. You can see the division between personnel, operating capital, and carry forward. Again, just a reminder that carry forward are actually projects that have been appropriated either in FY -14 or in prior years and have not completed. So, this year we have a substantial carry forward budget. So, of that 93 million dollars, 26.8 is from prior years. So, that's kind of an important distinction to make when you compare budgets across years. So, just like Dilbert said, we need to have our budget approved today, Tuesday. It is written in stone and I do have the only stone, that we do need to approve the budget and move forward. First I'm going to talk a little bit about the General Fund and to quickly review what we already talked about, we have talked about the revenue where the main source of the revenue is. So, I'm projecting about 39.8 million dollars in revenue this year. Of that the big chunk is Meridian City Council August 19, 2014 Page 6 of 74 property taxes, 61 percent. On the right-hand side I have divided up how the enhancements are funded per department by funding source. So, the revenue pie includes all revenue for the General Fund, including our building department revenue. The government revenue sharing number is kind of -- we are lumping a lot of items in there that consists of sales tax, any grant revenue we might know that we have, we don't recognize that until we have the grant agreement in hand. Also sharing from the -- cost sharing from the rural fire department. We get some money from liquor sales. We get some money from franchise fees, gas, electricity, et cetera. So, that's all lumped into that revenue sharing number. At the bottom kind of looked at -- every month we do a report. We estimate what the fund balance is going to be when we get to the end of this year. So, we look at it as though we collected all the revenue and budgeted and we spent all the money we budgeted. And, then, we come up with a fund balance. Then I look -- I do a projection that I update about every three months to see where we might be falling under or below the original budgeted revenue. So, just to quickly review for the undesignated General Fund, we are predicting that we will end the year at about 1.5 million dollars and we think there will probably be about 600,000 dollars in extra revenue and that primarily comes from sales tax, because we have had -- the state as a whole has had a good sales tax year and a reminder that that sales tax doesn't mean everything was purchased in Meridian. That's sales tax for the whole state that's redistributed based on population and some other parts of the state statute. The police impact fee fund, we are looking at about 200,000. Public safety about 99,000. So, we are using both of those sources for the training center. So, there won't be a lot left. The capital improvement fund, two million, which includes that transfer I just talked to you about, plus probably 900,000 to maybe a million dollars from the building department for development growth and, then, the impact fee from fire, about 1.2 million. If we look at the budget and compare and look at '14 to '15, we just looked -- we just approved the amended budget for '14. That amended budget included appropriation of new money of about four million. So, throughout the year that list of projects you see totals four million. There is also a number in there that we call adjustment of carry forward and what we are doing when we do that is we have to set the budget, we do it in June, so in July, August, September, departments are working on their projects. So, that 26 million dollars you saw is not going to be -- part of it will be spent. So, by the time we get to year end it won't be 26 million, our budget will come down by the amount of projects that were completed. So, the amendments were about nine percent of the original budget. So, that original '14 to the final '14 increased by about nine percent. So, if we look at changes between '15 and the final '15 budget -- or '14 budget, the one you approve tonight -- personnel increased eight percent. Operating decreased ten percent. Capital increased 72 percent. And where did that capital go? It went into the carry forward, which increased 115 percent. So, don't be alarmed by the 115 percent, it just means what we had in '14 wasn't all done when we had to set this budget or prepare this budget in June. So, looking in the total, the total budget changed from '14 to '15 three percent or about 1.2 million, 1.3 million. The graph -- the chart just shows you a historical look at budgets for -- our budgets for the General Fund for the last five years. These are some fun trivia items, because we have talked about this budget so much, that when you're at cocktail parties, everybody can bring these trivia items up, so when you're playing finance trivia -- Meridian City Council August 19, 2014 Page 7 of 74 De Weerd: I'm sure they will be riveted. Kilchenmann: They will be. De Weerd: By hanging on every word. Kilchenmann: You got to do something different. So, this is the General Fund budget by department. It's 49.1 million. Each department is very unique. They have different compositions of personnel and operating, different revenue sources, and this also holds true compared to the Enterprise Fund. So, if we look at parks and recreation, there are actually 20 percent personnel and operating and 64 percent capital. So, the bulk of that piece of the pie you see for parks is in capital. Of the 6.3 million dollars in capital that you will be approving tonight, 2.5 is funded by impact fees. The administration function, which shows as that gray slab, is made up of several departments. We have Finance, IT Council, Mayor, Legal, HR, City Clerk, City Hall, Other Government and street lighting and I might have forgotten somebody. Sorry if I did. Then we look at that piece of public safety. So, obviously, public safety is where the General Fund budget is and the enhancements are increases in this budget -- are really about public safety -- this year specifically police. So, public safety is 62 percent of the total budget, which is 30 million dollars. Property tax revenue is 24 million dollars. So, you can see there is a difference there of about six million dollars. So, our property tax does not cover the cost of public safety. So, growth from property tax does not pay for public safety. Twenty- three million of that 30 million dollars in public safety budget is in personnel and operating. So, those costs are not going to go away. Those are ongoing costs. The Meridian Rural Fire District pays about 13 percent -- well, not of the rural department, but of our budget, and this is a big change. In '13 they contributed as high as 20 percent, but the boundaries change and their desires change, we reverted to the formula that we originally contracted for, so we actually do a population calculation and this year they will be contributing 13 percent. So, the city is picking up a higher piece of that. Community development, which is the little piece I always try to make look like it's a building, like wood grain. It's a combination of planning, building, and economic development. So, their budget is 40 percent personnel and 60 percent operating. Very different from the other General Fund departments, but so much of their budget is in operating. Their operating budget will vary significantly depending on development, because they use the building contractors. So, when development is up their revenue is up, their operating budget is up and vice -versa. So, if you look at them across time and try to compare trends, you will see their budget will go up and down and up and down. So, just a swing through the general -- the FY -14 General Fund budget request. General Government -- and these individual items that I selected -- I picked the bigger items. They don't necessarily total -- like the 422,00 is the total amount in General Government. It includes the parking lot and a quarter is paid by the Enterprise Fund and I think I have the whole amount in here. And so part of this is in the Enterprise Fund. And we have also, as far as personnel, asked for a software engineer and to increase one of our engineers -- software engineers to full time. We have a road landscaping project for the Meridian interchange at just under 500,000. Computer Meridian City Council August 19, 2014 Page 8 of 74 software replacement. This is for everybody, all General Fund departments, including Parks, Fire, Police, et cetera, for 218,000 and a building official for 92,000. For the building official we have actually got in a reduced part of our expense. So, it's not just 92.6 million -- and I can ask Todd later for the exact amount of the reduction. Parks and Recreation, we are looking at a couple projects that are funded just by impact fees. The park's name -- Bellano Creek development design and, then, the park William Watson, for -- start development for half a million. We always do a hundred thousand in connection -- pathway connections for the parks department. They have asked for an administrative assistant for the recreation program and their revenue has increased substantially. If you go back and look at trends and the revenue, you can see how their recreation revenue just continues to increase, so they do -- have demonstrated a need for this assistant and, then, they also have some equipment and vehicle replacement of about 106,000. Fire's total enhancements are 118,000. Included a part-time public education specialist for 30,000. Some equipment for about 60,000. And, again, I'm picking up the bigger things. And turn out washers for 25,000. The really major thing in the fire budget are the replacements and it's the air packs. We may have a grant for it. We don't -- haven't signed on the dotted line, so we don't count our chickens before they -- but right now we are looking at 380,000 for that. For the Police Department, their enhancements total 1.3 million. This year it was police's turn. They have held off for a couple of years, but this year they are asking for 4.5 sworn officers for just a little over half a million dollars that includes an SRO that's funded partly by another agency, so we have included that in our revenue number. DUI enforcement, detective, and special projects. They are asking to reset the sworn officer STEP plan for 493,000. Body cameras for 91,000. Their replacements, which include vehicles, dogs, and some equipment, about 356,000. So, the final request in this budget is we do have some difference between revenue and expenditures. We are asking -- we plan to transfer that excess, which is 430,000, from the General Fund to the Capital Improvement Fund. When we look at what was done in the last ten or so years, we have done a lot of projects. We have had a lot of growth. We have added fire departments. We built the City Hall. We added parks. We have burned through a lot of money in capital. So, now it's time for us to replenish. We are again in a growth period. We are starting to see our population make increases that will -- in order to maintain our service levels we will need to do big capital projects again. In order to do that we need to start saving again. So, that's what we plan to do with any excesses from this FY -15 budget. And we switch to the Enterprise Fund. So, a quick review. This is the city -- this is the Enterprise Fund revenue budget, 28 million. Biggest piece of this comes from water and sewer sales. Biggest piece from sewer sales. In FY -15 we were also dipping into the fund balance for 1.8 million, because, again, to beef up the capital projects. We also do a fund balance estimate for them. So, we are estimating 26.2 million. We also expect -- because assessment revenue has been strong that we will probably have an extra 2.2 to 2.5 million dollars in above budget assessment revenue -- or assessment revenue by what I budgeted. But we have to note that the 780,000 dollars of that was the Meridian Heights Annexation and we have costs to accompany that. So, it's not like we are looking at 780,000 dollars of profit there. So, here is just a look at their changes from '14 to '15. So, change from the original '14 budget. Personnel was up 16 percent. Operating 28 percent. Capital minus 31 percent. Their FY -14 amendments had some Meridian City Council August 19, 2014 Page 9 of 74 increase in personnel of about 400,000. Operating to go with that 130,000. Capital, 1.3 million. Their carry forward was reduced by almost four million. So, that means between the time we set the 14 budget and the end of the year, they finished about four million dollars more or projects, allowing us to reduce their budget. So, the change from the final '14 budget is nine percent. Change in operating 25 percent. Capital down 36 percent. Total change from final 14 to 15 is two percent. And so you can see the pie that shows how their budget is distributed and if you look at the carry forward and capital, they are heavily in capital. For the General Fund we are heavily in personnel, they are kind of the flip side of the coin, even though both funds are about the same size. And, then, again, at the bottom you just have a history -- a budget history. So, summary of their enhancement request. Their personnel and operating only budget is 18.4 million. They have asked for nine new employees for about 600,000. Almost all of these employees or their budget focus is on their permits. Really we have the General Fund looking at public safety. The Enterprise Fund is gearing up to meet new permit requirements. So, a lot of these positions, like the lab positions, are related to that. They also have some positions for another camera van. So, their ongoing personnel increase is 800,000 and, then, they have one time operating money, which is typically large studies. A lot of those related to permit for 2.4 million. On the capital side here is where that big piece of capital comes in that 93 million dollar total city budget we have. Capital and carry forward it 26 million. A lot of that is carry forward, 14.6 million. Again, remember, that will be reduced by the time we get into the next year and close this out. So, the new capital request is 1.4 million -- or about 11.5 million dollars this year. You will see the breakout. They have got that same thing that the General Fund does, some computer equipment, some vehicle replacements. Pretty small. About 170,000. Water supply lines and wells is kind of an ongoing cost for them, 2.8 million. Upgrades and improvements, about 900,000. Studies and all related to the permit, 1.2 million. Sewer lines, kind of an ongoing item for them, 1.3 million. Wastewater treatment plant upgrades and improvements related -- here, again, we are going back to the permit, the big item at six million. So, that completes my presentation. Just to wrap up, the steps we will set the budget number tonight tentatively. Todd will go back and grind out a lot of numbers and we will be back next week with an ordinance for you to approve. A few days later that goes to the City Clerk and, then, a few days after that we provide -- we let the county know what our budget is and have it certified. So, that concludes my presentation. De Weerd: Council, any questions for Stacy at this point? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Stace, a couple of questions for public. What is the employee's percent of increase in this budget? Kilchenmann: Three percent. Meridian City Council August 19, 2014 Page 10 of 74 Bird: Three percent? Kilchenmann: Well, no, that's not correct. I take that back. Three percent for the general employees. There is a different percent for the police -- three percent for the nonsworn police officers, 600,000 to move the police STEPS and every STEP -- and, HR, feel free to hop in and anyone help me, but every step is somewhat different and, then, fire -- I don't know if that's two percent. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: The 600 is to get the police up to a pay scale that they have -- that we have let it get five years behind. Kilchenmann: Correct. Bird: Also, what's the estimate on our mill levy this year for property taxes? Kilchenmann: .000 -- Bird: Forget the oh's. Kilchenmann: -- three -- Todd, can you look that up for me? I think we have it right back here on the table. Bird: Three nine? Kilchenmann: I think so. I'm not positive. Bird: Okay. Thank you. I just wanted the public to -- Kilchenmann: I do have it. It goes down. Bird: Yeah. It's down a little bit. De Weerd: Okay. Any other -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Oh, I'm sorry, were you -- Borton: Go ahead. Meridian City Council August 19, 2014 Page 11 of 74 Zaremba: I don't know if you would know this answer or not -- Kilchenmann: Oh -oh. Zaremba: -- since it's not your department, but my general question someone probably knows the answer. Between this time a year ago and this time now, how much has the population of Meridian grown? We are looking at a slightly bigger budget, but we are also looking at a bigger city. In comparison to that, do you know what our population growth has been? Kilchenmann: We have been growing about three percent, so that means we are adding about three percent in housing starts. So, we -- to generalize, our housing starts are like 2.83 -- Bird: About 2,400 people. Kilchenmann: About 2.83 people per house, so we have probably gone up about 4,000. Does that sound right, Bruce? Zaremba: That helps. Thank you. De Weerd: Mr. Borton. Borton: Madam Mayor? Kilchenmann: Oh. Madam Mayor, may I -- Madam Mayor, may I add something to that? Sorry, Mr. Borton, just -- for clarification, that's just housing starts and, then, we also have commercial growth and commercial square feet. So, that has a significant impact, especially for public safety. So, I -- I would have to defer to the Planning Department to tell you how many commercial square feet we have increased if you want to know that. Zaremba: Thank you. Kilchenmann: Would you like them to come and tell you -- Zaremba: If there is an answer -- the additional information is helpful as well. Chatterton: Madam Mayor, Councilman Zaremba, I don't have that information with me, but we can research it. In terms of the total square footage added in the last 12 months we are talking about? De Weerd: Uh-huh. Zaremba: A ballpark figure. Meridian City Council August 19, 2014 Page 12 of 74 Chatterton: We would need to look that up. Kilchenmann: I think it's on the table back there. Zaremba: Okay. I will look on my way out. Kilchenmann: I will find it for you. Zaremba: Thank you. But the point is we have had significant growth. Kilchenmann: Correct. Zaremba: And it's not surprising that the budget needs to go up a little bit. Kilchenmann: Correct. Zaremba: Okay. De Weerd: Mr. Borton. Borton: Thank you, Madam Mayor. Stacy, do you know the -- the percentage of increase in health insurance costs that are built into the budget? Lavoie: Madam Mayor, Councilman Borton, we are using a 15 percent'ish calculation for the budget that is in front of you today. De Weerd: But the recommendation came at 11. Kilchenmann: Clarification. We did not actually change -- have to -- did we increase our premium share by 15 percent? Perkins: If you could repeat the question, so I give you the right information. Borton: What was the percentage increase in health insurance costs that are built into the budget. Perkins: The increase, without any changes in our plan, came in at -- just right at 16 percent. But I -- and I believe that that was the number that Todd built into the budget. We also prepared a different option for an 11 percent increase as well. Borton: Thank you De Weerd: Any other questions? Okay. I will ask for public comments. I did have a couple of people signed up to testify. Lynn Young. If you -- good evening. Thank you for joining us. Meridian City Council August 19, 2014 Page 13 of 74 Young: Well, thank you. De Weerd: If you could, Lynn, please, state your name and address for the record. Young: Sure. I'm Lynn Young. I live at 2786 South Denali Place in Meridian. De Weerd: Thank you. Young: I'm a member of -- volunteer member of AARP Idaho executive council and I'm speaking tonight on behalf of AARP, which has about 165,000 members here in Idaho who are age 50 and above. I'm talking about transportation. Transportation planning has a profound effect on the character of a community and the availability of transportation choices. Transportation planning that focuses on providing mobility for all residents, regardless of functional ability is essential to creating thriving communities. AARP Idaho supports inclusion of funding for public transportation in Meridian's budget. Because transportation, as we all know, is a vital link connecting all citizens to the social activity, economic opportunity, and services of their communities. Without public transportation the ability to age is one's home and community is compromised. Other adults need transportation to places and services that support their independence. Proper planning and funding can help to insurance that transportation modes are linked within a community and that neighborhoods are connected to the broader region by an efficient road and public transit networks. Increased mobility, improved safety, economic development, and reduced air pollution and dependence on foreign oil are all benefits of sound transportation planning. So, I thank you for giving me this opportunity to come before you and bring up to our attention the need to look at funding for public transportation. De Weerd: Thank you, Lynn. And I know -- I have a Council Member to my right that's itching to make a comment as he and -- both Councilman Zaremba and Councilman Rountree have been serving on our Valley Regional Transit board and advocates for routes. Primarily we do invest in the commuter route. We have partnered with VRT and Treasure Valley Transit to provide a senior citizen bus through the senior center and we just started -- we will be starting next month a Saturday route as well. I would invite Councilman Zaremba or Councilman Rountree to add anything. I think it's worth talking about and we would love to get your name and phone number to engage you in the conversation. Mr. Zaremba? Zaremba: Thank you for coming and speaking. I appreciate that. Public transportation I think is an important thing to not only get on our agenda, but get into our budget and as the Mayor mentioned, we have made some small steps into that, but as you mentioned to have full service to the community is a benefit economically, environmentally, socially. I appreciate all the things you said and appreciate your making the point that we need to find a way to get this into the budget. And I would comment I'm -- many people probably don't know that the -- what transportation system or bus there is in the valley is paid for out of the general funds of the cities in which it is Meridian City Council August 19, 2014 Page 14 of 74 in. Boise, Nampa and Caldwell pay for the service they have out of their general funds and that is something Meridian needs to start discussing seriously. So, thank you. Young: Thank you Rountree: Madam Mayor, you mentioned the commuter routes that we do support in conjunction with VRT and our neighbors to the west. We partner with Nampa and Caldwell and Canyon county to have those commuter routes here. Dave brings up an important point that all public transportation funding for this area is provided by the local entities through general fund, but the bulk of -- and people aren't going to like this -- but the bulk of it -- the vast majority of it comes from the federal government. Various grants and other federal programs that are established for public transportation and we also support Ada County Highway District's CommuteRide and encourage folks to look into that and that's also supported by general fund revenues, as well as registration fees and federal dollars. But thank you for being here. Appreciate your comments. Young: You bet. And I should -- in the interest of full disclosure, let you know that I'm the pinch hitter tonight. My husband is Mitch Young and he's chair of the regional coordinating council and woke up sick this morning. But we both know how very important public transit is and so I volunteered to come down and you have been all very gracious and I appreciate you listening and hearing me out on this. De Weerd: Thank you. Thank you for being here. I also have one other sign up. Steven Archibald and, then, we will invite any comment from those that are not on the list. And I'm sorry if I mutilated your last name. Archibald: You're completely fine. My name is Steve Archibald. My address is 4627 Brookshire Drive, Boise, Idaho, but I work a lot within Meridian. De Weerd: Well, thank you for being here. Archibald: Thank you. I, too, wanted to talk about the importance of public transportation. I sit on the regional coordination council for Valley Ride, along with Mr. Young. I work for the Idaho Commission for the Blind and visually impaired. I have been there for 12 -- a little over 12 years working as a vocational rehabilitation counselor, as well as an orientation mobility instructor and before that I worked as a vocational rehabilitation counselor for Division of Vocational Rehabilitation. In working with people with disabilities and trying to obtain employment and maintain employment, public transportation is always one of the bigger objectives -- or lack of transportation is a lot of times one of the bigger objectives that a person has to overcome in order to either obtain or maintain their employment and especially working with people with visual limitations that's almost across the board where a vocational counselor and those individuals really have to get creative. Unfortunately, with the limited public transportation system and bus system and other options available in Meridian, this has really been an obstacle for some people to be able to become gainfully employed. As far as what my belief is is I believe a bus system with more consistent routes and an Meridian City Council August 19, 2014 Page 15 of 74 enlarged route system would greatly help those individuals who are trying to maintain or obtain employment and I believe also that this increase would greatly help those that maybe aren't so much those individuals who are disabled, but aren't looking for a vocation, but would still be able to increase their independence and maintain their independence as a way of -- now we need transportation to get to different appointments, the store, community events, and so that ability to commute has been really difficult for a lot of individuals that I have worked with that reside within Meridian city limits. The other thing, too -- to think about, too, are the individuals who are more severely disabled and especially our -- some of the seniors who cannot utilize a fixed route system, like Valley Ride. A fixed route system also comes into play -- the access bus. And so if an individual lives within three-quarters of a mile from a fixed route system, they, then, are able to utilize the access bus, which is more of a door-to-door type of system, to let them get to doctor appointments, get them out to the store, doing those things that we all need to do and, you know, if those individuals do not have the capacity -- financial capacity to get a taxi -- many of them don't have the personal resources, family or friends in the nearby area to be able to take them to these locations to meet their needs. So, I would really love to see the -- some of the increase of -- I believe it was between 430,000 to 600,000, if -- any possibilities of using that funding or even just to really put it on the table for the 2016 budget to really increase some of the funding that is provided by the City of Meridian for public transportation, I believe it would greatly assist your constituents here within Meridian city limits. Thank you. De Weerd: Thank you. Any comments? Zaremba: Thank you again. Well said. De Weerd: Good evening. If you will, please, state your name and address for the record. Bott: Hi. Ian Bott and I live on 1800 North Cole Road, Apartment 1-102. De Weerd: Okay. Thank you so much. Bott: Boise, Idaho. And I'm here to talk about the bus symptom as well. Meridian is fast growing, first of all, so there is potential for pollution from the cars. There could also -- there are also a number of people who don't like cars all over the valley and they would benefit because with an added bus system it would be safer than just walking, as there aren't as much side streets around and there aren't as much places to walk and it would cut down on extra -- it will cut down on a little bit of extra commute time. There are -- I know for many people they have to walk to get to their commute to work if they don't have cars and walking takes longer. It would also allow places to -- it would also allow places to expand more opportunities for those without cars, more opportunities for the people with mental, physical, emotional challenges to work through and be able to do the things they need to do, because a lot of those people don't have cars and one way you could deal with part of it is to expand a couple of routes. Forty and 42 go primarily to Nampa. They have a few stops in Meridian, but not many, and I feel like Meridian City Council August 19, 2014 Page 16 of 74 expanding those eventually -- if not this year, then -- not next year, then, the year after would really help out and also having more side streets routes in Meridian, more north - south, possibility a route that goes from Eagle to Meridian to Kuna and back, because there is a lot of growth in all of those areas, so those are just some reasons why you need it and those are some ways to get through it. I also think that expanding it further beyond that to where it can reach some places in Meridian that are well traveled, but don't really have a lot of access by those who don't ride -- by those who don't have a car would be added -- would be added to making the city well more -- well, make the city have a lot better quality of life and make the city be -- have a lot more opportunities to do stuff in the evening per -- and in the afternoon that aren't as well publicized, but people with cars cannot get to. So, that's pretty much all I have. Thank you for your time and I hope to hear from -- do you have any questions, feel free to ask. De Weerd: Thank you so much for joining us. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Ian, thank you for coming tonight. Do you drive? Bott: No. Zaremba: You don't drive a car. Can you describe how you got here tonight? Bott: I got a ride from somebody who works with me directly, so -- Zaremba: And that's pretty typical of how you get around? Bott: Yeah. That's pretty typical how I car pool. I either get a ride from somebody that works with me directly or I get a ride from somebody who is going to the event. That's usually how I get places at night and I walk if it's close enough. Zaremba: Thank you for making the effort to come tonight. Appreciate that. De Weerd: Thank you, Ian. Any other public comment? So, we do appreciate our comments about public transportation. We find ourselves a little bit at a disadvantage than our neighbors to the west are in, because they do have their own road departments and those transportation dollars can also be dedicated towards public transportation. I would encourage more involvement and maybe getting with the CommuteRide program with Ada County Highway District. It's been very successful and very well used. But, again, we will take these names and look for involvement. I always say people kind of duck when they see me, because when they add their voice they know I'm going to put them on a committee or something, so -- but we would love to invite you to be part of the solution and our long-term plan certainly contemplates a more robust public transportation system. We know that roads don't pay for Meridian City Council August 19, 2014 Page 17 of 74 themselves, they are highly subsidized, and so would a public transportation system. So, thank you for joining us. Council, any questions for staff or any of those that provided testimony here tonight? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a couple of questions for Mark or Chris, whichever one wants to be on the hot seat. De Weerd: Okay. Bird: In your replacement you have got two vehicles, the 205 and the 206? Amenn: Yes, sir. Bird: Vehicles. Is that right? Amenn: Yes, sir. Bird: Are they really needed? Amenn: I would have to look at the -- exactly which vehicles you're speaking, sir believe -- Bird: They are the two white Fords, I believe -- or Explorers that sit over at Station One. Amenn: I will defer to Chief Niemeyer. Niemeyer: Madam Mayor, Councilman Bird, we can certainly extend those another year. This is part of a capital improvement replacement plan. As you can see, those -- those vehicles do have what appear to be lower mileage than we discussed in the budget presentation. There is a lot more hours on that engine. We don't have an hour meter on those two particular pieces of apparatus, but, again, at the direction of the Council if we need to extend that another year we certainly can. Bird: I would like to see it extended. I know it's only 50,000 dollars, but 50,000 dollars here and there -- now, I have got a challenge for you, Mark. You have got 634,000 -- or 635,000 in overtime in this budget. Let's knock that to 550 and get it and I will take you to lunch. Niemeyer: I didn't get the last part. I heard lunch. Bird: Let's take that down to 550, can we? Meridian City Council August 19, 2014 Page 18 of 74 Niemeyer: Those numbers certainly have been calculated with Finance based on -- on trends. So, overtime -- Bird: I have got -- it's your trends. Established year's trends, you're going to be about 500 1 think. Niemeyer: Yeah. As you know it's unpredictable. De Weerd: But it's a good challenge to make and I would love it if our Councilman Bird had to buy you lunch. Bird: Yeah. And I would be happy to. Have any problem with that. Niemeyer: Again -- De Weerd: Reducing it? Bird: Yeah. De Weerd: Based on the projections that's what were projected for FY -15. So, reducing that amount and knowing the uncertainty in some of that overtime regarding -- Bird: Okay. I will leave it there. If you go under it I will buy you lunch. If you go over it you're buying me steak. Okay? Niemeyer: Deal. Bird: Fair. De Weerd: And if you go under he can buy us both lunch. Kind of jump on board on that one. Other questions? And I will help him buy you the steak if I have to. Milam: Madam Mayor, I have a comment to kind of make -- not to you. Sorry Niemeyer: Okay. De Weerd: Thank you, chief. Milam: And this is more of a general employee comment. It became apparent to me that a comment that I made at the budget hearings -- a question that I asked was perceived in a way to several employees that made them feel unvalued that had to do with the raises versus raising taxes and I just want to let you know that I value all of you very much and I don't not want to give anybody a raise, it has nothing to do with it. I was merely asking a question to create a conversation and bring it to the table and any of you that have been here at the meetings with me know that I am not silver tongued, Meridian City Council August 19, 2014 Page 19 of 74 many times things come out maybe not the way that I intended. So, I just want to say for anybody whose feelings were hurt I apologize. De Weerd: I think you were just silver tongued. So, thank you. Any other questions or comments from Council? Well, Council, I heard a change of 50,000 in vehicles that we can also add to the Capital Improvement Fund line. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think Stacy and Finance, working with all the directors, have done a fantastic job. It's relatively easy at this stage, because a lot of the hard work's been done in trying to flush out the issues that are now before us. There is one area that I still have hesitancy with and I'm not supportive of funding, in light of the limited resources we have, is the City Hall parking lot development. It's 240,000 in the General Fund, 320 overall. With the split we heard about a moment ago, I have asked for a little bit of backup information to try and come up with what that number is based on. In my mind it's not the most critical expenditure. I would want to remove that from this year's budget. I concur with Councilman Bird with regards to the vehicles and I appreciate the chief's remarks to the extent there is an ability to extend the life. Fifty thousand is fifty thousand. It all adds up. So, those are the two amendments that -- from the expenditure perspective that I would support. De Weerd: Mr. Borton, I guess I would just make comment about the City Hall parking lot, since the land was purchased prior to you being sworn in, but we would be in violation of our own ordinance leaving that lot as dirt and having people still parking in it. Certainly it's needed in our downtown and that is the reason the land was purchased. So, I guess that is why we put it in the budget to -- because you can't have dust -- or you can't have any dustless surfaces, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would also add I think it would be well used by city employees on a normal basis and other people that are visiting the city if that lot were finished and available. But certainly on days like Meridian Business Day or on Public Works Week, when we take away the parking that's in front of City Hall in order to have displays and things happening, certainly those of us that come to the Concerts On Broadway know there is a need for more parking. Along with violating our own ordinance of not having that lot finished, I would support the thought that there is a real need for getting it done and making use of it. It also is what enables us to consider uses for the old City Hall, because at the moment our other ordinances about how much parking is required for an office building of this size needs the old City Hall parking for us to be in compliance and, again, it's an issue of fairness in the community. I don't feel we can require this of other Meridian City Council August 19, 2014 Page 20 of 74 people that are building office buildings and exempt ourselves. That sounds way too much like the U.S. Congress and I don't approve of that idea, so I -- I have to appreciate Councilman Borton's comments, but I'm in favor of keeping it in and getting it done. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate what both of you are sharing. I -- I don't necessarily agree that that -- if we were to try and solve a parking situation adjacent to City Hall, that that's the most appropriate location for it and I don't see that location being -- that particular lot being a parking lot long term by any stretch. And I understand there was reasons before I was here as to maybe why it was purchased, but -- De Weerd: It is why we have the HAWK signal installed on Meridian Road as well. So, again, it was all part of a plan that was planned I guess before you sat in that chair. So, I just wanted to give you the history of it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I agree with Councilman Borton that I don't like spending it, we would make a developer do it, so I think we got to live by our own rules. I don't see how we cannot do it right now. Kilchenmann: Madam Mayor? De Weerd: Yes. Kilchenmann: If it's controversial perhaps you should vote on it. Bird: Yeah. I think that would be a good idea. Kilchenmann: The parking lot. De Weerd: Yeah. I -- if it's desired by Council to kind of pull that out and vote on it separately, then, the budget as a whole, certainly we can do that. Kilchenmann: Madam Mayor, I meant just decide like informally if you want us to leave it in or take it out, not to have its own budget, just in, out. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 19, 2014 Page 21 of 74 Bird: I would make a motion that we take out the 244,000 for city parking lot development. Borton: Second. Bird: Now we can vote. De Weerd: My head is kind of spinning on this one, but -- okay. Feel a little bit like The Exorcist here. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For brief discussion, I understand what the reasoning in the required compliance. I don't think this is the right way to go about it. If the city had obligations to provide certain parking spaces, the horse is out of the barn to have provided those. We are years down the road. If this was a solution that was years in the making I don't think it's the best solution to the city's parking problem. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We purchased that for a parking lot, because part of our south parking lot back here is not ours and UP can come in and take it out and, then, we are short of parking. That's -- Joe, that was our -- or Councilman Borton, that's the reason. That's why I'm making this motion. Let's go up or down on it right now. Borton: Okay. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't know if -- technically it doesn't require a motion. My sense is that I may be on the literal island on this one. Bird: You might find out. Rountree: You might not. Kilchenmann: Madam Mayor, I just I meant like everybody say in, out, in, out. Like -- Meridian City Council August 19, 2014 Page 22 of 74 Borton: Thumbs up or thumbs down. Kilchenmann: Yeah. Kind of -- Borton: Very informal. De Weerd: You're too late. We have a motion and a second. Bird: We have already got a motion. Let's go. De Weerd: Okay. I guess just one final thing. In terms of the parking, there certainly is a need for employee parking as -- if you have noticed. We continue to add staff and with adding staff you need added parking spots. We also have a hope that we can do something with our former city hall building that would add to the redevelopment and vibrancy in our downtown and if that is a goal you cannot offer that building without appropriate parking, which is what we found, which led to the whole idea of about purchasing the lot across the street and offering parking to our employees, so that the parking at the former city hall would free up and if there were ever an issue with the railroads that would also be addressed. So, we don't want to continue to chip away at the availability of public parking in our front parking lot, because that really is for our citizens to utilize as they come and do business at City Hall. So, it is, again, a commitment to the redevelopment of the downtown to provide parking options for both our employees, our citizens, and to events that happen in and around our downtown and, again, towards that goal of being a destination and that was all part of the plan and one of the reasons for the purchase of that lot. So, 1, again, as we grow we not only need staff parking, but we need fleet parking, too. So, again, I do have a motion on the table. Any further discussion? Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: Councilman Borton, at the budget hearings I had the exact same argument and was pretty well convinced with most of the same scenarios. One of the big ones is that at the old city hall we consume almost that entire parking lot and -- it is not a viable building to rent to somebody without parking. So, that was kind of one of the things that sold me on it. De Weerd: Thank you. Well, the motion is to -- to remove this from this upcoming year budge. So, all those in favor of not having it in the budget say aye. Bird: Was that the motion? De Weerd: Yeah. That was the motion you made. You made a notion against the parking lot. Meridian City Council August 19, 2014 Page 23 of 74 Borton: Madam Mayor? De Weerd: That's why I kind of thought, okay, this is weird, but -- yes. Bird: I just wanted to get it out and vote. Borton: No, we can move on. That's a great explanation. You know, we do this in a public forum. I have a great concern over it. You have provided a great explanation, as has Councilman Bird and Council Woman Milam. De Weerd: Do you want to withdraw your second and your motion? Borton: Begrudgingly I would love to. Bird: I was going to vote -- I was going to vote to keep it tin. Borton: It's a clumsy process, but it's public and -- De Weerd: Okay. Bird: I didn't want to sit here for an hour and talk. Borton: Good explanations. De Weerd: Okay. Borton: I can't believe Councilman Bird wanted to get rid of it. De Weerd: I know. I thought I am so confused. Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would think that the maker of the motion needs to withdraw it. Procedurally there is a motion and a second on the floor -- De Weerd: They withdrew them. Bird: I withdrew my motion. De Weerd: They withdrew them. Zaremba: And that's what I was going to ask is if it was possible to withdraw it. Meridian City Council August 19, 2014 Page 24 of 74 De Weerd: Yes. Fortunately, painfully, yes, they did. Okay. Anything else? Any other questions? Council, you have a motion -- or a budget figure in front of you. We did move 50,000 dollars from replacement of vehicles in the Fire Department's budget into our capital improvement plan or Capital Improvement Fund. Any other discussion on the budget? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move to close the public hearing on FY -2015 proposed budget. Milam: 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. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FY -2015 proposed budget of 93,757,229 dollars and send it forward to the county. Milam: Second. De Weerd: Okay. I have a motion and a second to approve the proposed budget. We will bring it back in resolution -- or in ordinance form next week and, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. C. Public Hearing: Proposed Addition to Fee Schedule of the Community Development Department De Weerd: Okay. Item 7-C is a public hearing. I will turn this -- Bruce, is this yours? Justin? Okay. Meridian City Council August 19, 2014 Page 25 of 74 Lucas: Thank you, Madam Mayor, Members of the Council. This item is related to a minor modification to the City of Meridian's Planning Department fee schedule. The modification only proposes to add one fee to our schedule. No other changes have been made. The fee relates to renoticing of a public hearing. On occasion due to an applicant request to continue an item out for a long period of time, the City Council or Planning and Zoning Commission has requested that they renotice it, which includes updating the sign, sending out new vicinity mailings and also noticing it again in the newspaper. There is a cost associated with this renoticing. It was -- we have not had it officially in our fee schedule and we feel like it's appropriate to do so and Finance has asked us to put it in our fee schedule. The fee is 183 dollars and the majority of that fee -- I have a breakdown if you're interested, but the majority of that fee, 135 dollars, goes toward that newspaper notice. The other fees are stamps, the clerk cost to process it, and some other -- printing and some other small things like that. So, a simple addition to our fee schedule and we are here to seek your approval tonight. De Weerd: Okay. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a -- more of a -- I guess a -- to quote Councilman Zaremba, more of a sideways question and I don't want to put you on the spot, but in looking at this, when is the last time that we have reevaluated them as a whole and what other changes have been made? Lucas: Madam Mayor, Councilman Cavener, it's a real good question. The overall fee schedule in the Planning Department hasn't been updated since 2009 and major changes haven't been -- haven't been done since I believe 2006. So, it's a great question and right now the Planning Department is undergoing an internal -- I guess you could say audit of our time of how long it take us to do these applications. Also we are working with our partner -- our partners within the city, the clerk's office, the Public Works Department, and others to develop and check in and make sure that these fees are accurate. So, tonight before you is just a simple change. We anticipate in about six months, maybe a little bit less, after we go through this auditing process of our fee schedule, that we will come back to you with a -- here is how to look at an overall kind of change, what needs to happen and modifications to the schedule. So, I hope that answers your question. It has been awhile and we are aware of that and are actively working on it. Cavener: Great. Madam Mayor, follow-up question? How do our fees compare with our neighbors to the east and to the west for something like this, for this particular fee that you have brought before us tonight? Meridian City Council August 19, 2014 Page 26 of 74 Lucas: Real good question. I don't have those figures directly in front of me and I have looked at the fee schedule for city of Boise and city of Nampa -- I don't believe they have this exact fee -- at least they don't describe it in this way. What I can say is this fee is -- is a pretty straight forward fee. It doesn't include a lot of staff time, it's mostly the actual cost of doing it, newspaper noticing, the postage, and things like that. So, it likely would not vary if other cities did charge this fee. Cavener: Madam Mayor, one further question. De Weerd: No problem. Cavener: So, in the cost of the original fee for noticing, we feel that that is designed solely to cover the initial noticing and no additional renoticing whatsoever. Lucas: Councilman Cavener, correct. We do -- so this -- this noticing is typically built into the fee schedule above. For example, if you look at an annexation and rezone, the noticing fees built into that, they pay it once and it's built into that fee. If they come back and for some reason they need to continue it out for four months and at Council's discretion you say, you know, that's too long, we want to make sure the neighbors get another mailer, we want to make sure it goes in the paper again, we, then, have a clear fee that we would be able to charge to make that happen. Cavener: Great. Thank you. De Weerd: Okay. Any other questions? This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on the addition to fee schedule for Community Development Department. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES D. Resolution No. 14-1003: A Resolution Adopting the Fee Schedule of the Community Development Department, Planning Division De Weerd: Item 7-D is Resolution 14-1003. Council, any questions on this item? Meridian City Council August 19, 2014 Page 27 of 74 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution 14-1003. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: Proposed Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: Item 7-E is a public hearing on our proposed fall 2014 fee schedule for Meridian Parks and Recreation Department and I will turn this over to Patrick. Dilley: Good evening, Madam Mayor, Members of the Council. We are in the Parks and Rec Department coming off our summer busy season and we had a great summer in the parks. This summer I went -- I saw Newsies in the park and I went whitewater rafting with our senior citizens and we had a couple that was 87 and 84 respectively at the main on the Payette River this summer with us, so -- De Weerd: Well, how fun. Dilley: Yeah. It had a great summer in the park and our programs continue to grow with every year. De Weerd: Age is relative; right? Dilley: That's right. In Meridian we are active. De Weerd: Talking about myself. Rountree: Relative to what? Dilley: So, with our new fall activity guide we go to publish this Friday and in the new guide there is our usual fall schedule with classes and community events, like the Meridian City Council August 19, 2014 Page 28 of 74 community block party, and our adult sports. No changes in those fees for adult sports, but, however, the usual changes -- a few of our usual classes are before you and I would hope that we can approve the new fee schedule this evening and with that I will stand for any questions. De Weerd: Council, any questions? I -- you know, I didn't see an attached fee schedule, so -- Rountree: Just as an exhibit. Bird: It's in here. Cavener: I wasn't able to get mine open either. De Weerd: I just wanted to make sure it's on there, because I -- Milam: Madam Mayor? De Weerd: Yes. Milam: What's Marvel Rollercoasters? Dilley: Oh, yeah. So -- that's a great question, Council Women. We have a wonderful group of -- this past summer we had two instructors that they kind of do mentoring and different game programing or engineering type of activities for children that enjoy that and they -- this one is they make a rollercoaster out of some cardboard and paper and they kind of learn how to support the structure and to roll a marble down it and kids seem to really enjoy it. Milam: Thank you. Dilley: They get to create their own De Weerd: We found it. Dilley: Okay. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Patrick, in the past for adult sports classes I think there has been a certain fee associated to me if I'm a Meridian resident and another fee associated out of Meridian City Council August 19, 2014 Page 29 of 74 resident. Do similar fees apply for these types of activities and, if so, what's that amount, I don't see it. Dilley: They do for adult sports, Councilman Cavener, as you pointed out, but we do not for recreation classes at this point. Other municipalities do. We just haven't in the past and we do attract a lot of registrations from west Boise as well and so we serve some -- some of that community as well. So, we don't have that at this point and -- but until we -- as we are growing much more obviously in the past five to ten years, especially in the past three years in our recreation classes and registrations I think we will start to look at that a little more. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just would throw in a similar thought for future reference. If we get to the point where we are overcapacity in classes and we are having to turn Meridian residents away, I think Councilman Cavener's point is a good thing to raise again at that time if we are turning Meridian residents away because of space. If that happens. Dilley: Councilman Zaremba, yes, that's definitely something we are watching and as we grow we -- we are starting to see some capacity in some ways in summer camp, especially in some of our summer camp programs. So, that's definitely something we will visit coming into the next year. Milam: Madam Mayor? De Weerd: Giving a first priority to Meridian residents? Dilley: Correct. De Weerd: Mrs. Milam. Milam: A little arrow into the specific, but I still would like -- something that I discussed with Steve at some point and I understand it's the way that it's written, how the classes are written -- and I don't remember if it was a state thing or not or if it was just how we have it as a city, but in general classes are not sales tax eligible, but these are. So, somebody maybe could be working on another way to reclassify them so that they are classes the way that they really are and, then, they wouldn't be charged the sales tax on top of it. Dilley: Right. And I think -- Council Woman Milam, I think when I referred Steve to that, I'm not sure if -- I need to review that as well. I'm not sure if it is a state statute or -- Meridian City Council August 19, 2014 Page 30 of 74 Milam: Something that we could change possibly. Dilley: Or something that we could change. Milam: The way it is written. Dilley: Right. And if we could I would definitely like to look into that as just keeping it for our citizens, so -- Milam: Thank you. De Weerd: Very good point. Cavener: Madam Mayor? De Weerd: Yes. Cavener: Just one additional comment and I just -- I wanted to share this, because I received this this week. I received an e-mail from one of our citizens just complimenting Patrick and everyone on the Camp Mor -Ida -Moo program and I know that your success in that program is something you have worked very hard for and I know that a lot of that is translated into a lot of these activities and so I just wanted to on the record thank you for your hard work. I think this is something you have really been dedicated to and I appreciate it. Dilley: Thank you, Councilman Cavener. De Weerd: Patrick's awesome, so -- we will say it. He can't. Sounds self -loathing; right? Dilley: Thank you, Madam Mayor. De Weerd: Okay. Any other questions? Seeing none, thank you, Patrick. This is a public hearing. Is there anyone who would like to offer testimony on this item? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing none, I move we close the public hearing on the proposed fall 2014 fee schedule of the Meridian Park and Recreation Department. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on 7-E. All those in favor say aye. All ayes. Motion carried. Meridian City Council August 19, 2014 Page 31 of 74 MOTION CARRIED: ALL AYES. F. Resolution No. 14-1004: A Resolution Adopting the Fall 2014 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item 7-F is Resolution 14-1004. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Resolution 14-1004. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-F. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And, Mr. Nary, can you work with Finance and maybe come back at -- within the next several weeks to -- to maybe have a discussion on the sales tax aspect? Nary: Certainly, Madam Mayor, we can do that. De Weerd: Okay. So, if you will note that, Madam Clerk, in the agenda. Thank you. G. Approval of Development Agreement: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C -G to I -L Zone and Rezone of 1.12 Acres from I -L to C -G Zones De Weerd: Okay. Item 7-G is approval of development agreement on RZ 09-005. 1 will turn this over to staff. Meridian City Council August 19, 2014 Page 32 of 74 Nary: Madam Mayor? De Weerd: Or -- yes. Well, you're staff. Nary: Yes. Madam Mayor, I can probably start the conversation. Mr. Miller is here from the Ron Van Auker company. This one is a little unusual and that's why we asked to put it on the agenda. This -- if you will note by the number, this development agreement is about five years old. Our ordinance says that development agreements are supposed to be signed within two years. But there is no mechanism currently in our code to renew your development or to extend your development agreement to a later time. We allow for extensions on your plat, we allow for time extensions on those things and this particular project has had all of that. When we went through this process a few years ago, for some of the Council members that weren't here at the time, we looked at all of the development agreements and we came before the Council and requested your input and we gave notice to some of those developments that we no longer would accept their development agreement, that two years had expired, the conditions had changed significantly in the surrounding areas and, therefore, their opportunity to sign that has -- had past. In this particular case we could have gone through the exercise of requiring them to renotice this and go back through the development hearing process, but we didn't have from the staff's perspective any changes that they wanted to make. This is an industrial site. The conditions are still the same. The circumstances of the neighborhood is still the same. And so it seems sort of pointless to go through that -- that exercise to do that. So, we did want to point it out to you why this is on your agenda. It's a little different and we are going to work with planning staff to come up with a process to deal with these types of circumstances in the future when we have these development agreements and whether we need to provide a method for extending them, whether we need to provide a notice to people at a point in time that their opportunity to sign that is going to expire, whether we need to evaluate or provide to you as the Council information that maybe, again, the circumstances may have changed significantly and the approval that was granted 18 months ago no longer makes as much sense as it did, because of other developments. So, that was a long explanation, but that's really why this is in front of you is so that you note that it is beyond the two years, but from the staff's perspective we felt it was still appropriate to move it forward and to allow it to move forward as it is. Mr. Miller is here to, again, answer questions if you had any. And, of course, planning staff can add whatever else they would like, but we wanted you to know we will be bringing back a proposal probably at some point in the future as to how to handle these types of circumstances. We don't have very many of them that are out there that are -- in fact, we don't have any that are beyond two years, but we have some that are going to come up on 18 months and we need to make a decision should we be coming back to ask you to notify them of the time period that they need to meet and whether or not we should look at some other process. De Weerd: Thank you, Mr. Nary. Any questions from Council? Mr. Zaremba. Meridian City Council August 19, 2014 Page 33 of 74 Zaremba: Madam Mayor? I need to have my memory refreshed on a general procedure. A development agreement usually occurs at the time of an annexation and zoning and is tied to the annexation and zoning, if I'm correct. Nary: Yes, sir. Zaremba: The delay in signing, does that delay the annexation? In other words, we -- when do we do the ordinance that actually makes the annexation a part of our city? Do we wait until the development agreement is signed? So, in other words, if somebody is sitting on the development agreement they are not annexed into the city. Is that correct? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, 9-A is the ordinance annexing the Siam Subdivision. So, yes, that is our -- that is our mechanism to get those development agreements signed is that they aren't annexed. So, one condition that exists -- and our ordinance still applies -- in the development agreement it also states they will sign it within two years, but since they don't sign it and, then, they are not part of it, then, that particular provision is not necessary. But we have an ordinance that governs it. So, yeah, it -- the property is not annexed and part of the city until the development agreement is signed. Zaremba: Thank you. De Weerd: Any other questions? Got any comment? Okay. Miller: We thought we signed it. De Weerd: It was in the mail. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve RZ 09-005. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-G. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council August 19, 2014 Page 34 of 74 De Weerd: Okay. So, Mr. Nary, at what point do you think we will come back with a recommended process? Nary: Madam Mayor, Members of the Council. Justin, I don't know if you think the workshop in September or workshop in October? Lucas: Well, Madam Mayor, Members of the Council, we have put together recently a UDC work group. The first meeting of that group is in September and this is one of those items that I think would be appropriate to run through the work group. The work group consists of the development community, architects, planners, other professionals that work with development agreements quite often. The Legal Department is part of that work group. Emily Kane is going to be working with us there. So, I think as part of that plan we are going to look at all kinds of items. This would be one of those. And so we are anticipating after that work group meets a few times we will come back to you -- I would say hopefully with an application to amend the UDC within three to four months. That is by the time we make application. You will probably see it in about six months. But we do have a process in place to get this fixed. H. Public Hearing Continued from July 22, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District Public Hearing Continued from July 22, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District J. Public Hearing Continued from July 22, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District De Weerd: Okay. Thank you. Thank you. Council, the next items, H, I and J, the applicant has requested to be continued to September 2nd. You have the letter requesting this in front of you. So, I would ask for your direction. Rountree: Madam Mayor? Meridian City Council August 19, 2014 Page 35 of 74 De Weerd: Mr. Rountree. Rountree: I move that we continue Items H, I and J until September 2nd until the application has an opportunity to include some recommendations made and continue the development and refinement of the site plan. Zaremba: Second. De Weerd: Okay. I have a motion and a second to continue Item 7-H, I and J to September 2nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. K. Public Hearing: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District L. Public Hearing: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District De Weerd: Item 7-K and J are public hearings on AZ 14-006 and CUP 14-003. 1 will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Member of the Council. The next applications -- first applications before you tonight are a request for annexation and zoning and a conditional use permit. This site consists of 28 acres of land. It's currently zoned RUT in Ada County and is located at the northwest corner of South Stoddard Road and Kodiak Drive. A little history. This property recently received approval of a property boundary adjustment, a record of survey in Ada County that created the subject boundary of the site. The school -- Joint School No. 2 has submitted an application for annexation and zoning of 28.64 acres of land with an R-4 zoning district, consistent with the future land use map designation of medium density residential for this site. A conditional use permit is also proposed for a middle school, which is classified as a public education institution in an R-4 zoning district. The site plan submitted with this application depicts a 137,000 square foot school, which will include a football field, running track, soccer and practice fields, tennis courts, parking and locations for future portable classrooms. The school is proposed to serve approximately one thousand students. The athletic fields are not proposed to be lighted on this site. Access is proposed via three access points to Kodiak Drive as shown on the site plan. The south boundary there. With one access onto Stoddard Road for buses only. Six foot tall chain link fencing is proposed around the east, west and north perimeter boundaries of the site. Staff recommends a gate or opening in the fence is provided near the Meridian City Council August 19, 2014 Page 36 of 74 northwest corner of the site, so that pedestrian access is available to the school from adjacent future neighborhoods. Building elevations were submitted for the future school building. Building material are proposed to consist primarily of split face CMU with smooth face CMU accents along the bottom of the structures. It mixes three different colors if CMU is proposed as shown. All structures are required to comply with the design standards listed in UDC 11-3-A19 and the guidelines and in Meridian Design Manual. Idaho State Code states that when considering an application which relates to a public school facility the commission should review -- specifically review the application for the effect it will have on increased vehicular, bicycle, and pedestrian volumes on adjacent roads and highways to insure the roadway system can satisfactorily accommodate the proposed school project. As the road authority ACHD has conducted a detailed review of the code requirements and provide analysis and conditions of approval in the report accordingly. ACHD also provided recommendations to the city based on their review, which are contained in the staff report and conditions of approval. These conditions include a requirement for a HAWK crossing and school flashers to be installed on all four legs of the Victory -Stoddard intersection and a requirement for the school district to provide a road trust to ACHD to fund the future construction of HAWK crossings and school flashers at the Linder -Kodiak and Victory - Stoddard intersections. The Commission recommended approval of the subject applications at their hearing. Scott Hansen testified in favor. No one testified in opposition or commented. Written testimony was received from Scott Hansen and the Joint School District No. 2. At issue discussion by the Commission was the requirement for the school district to provide a road trust to ACHD to fund the future HAWKS and flashers at Victory and Stoddard and Linder and Kodiak intersections. Here is just a -- here a map showing the HAWK crossings and flashers that ACHD recommended be provided. The Commission did make a change to the staff recommendation. They did not require the school district to post a bond to fund the future Hawk and flashers at the Victory -Stoddard intersection here along the south. There are no outstanding tissues for Council. Written testimony was received from Scott Hansen after the Commission hearing, the applicant's representative. He is in agreement with the Commission recommendation. Staff will stand for any questions the Mayor and Council may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, I know we got the HAWKS, how about the sidewalk on the -- on the west side from Victory down to the school? It seems like we have a problem there in school and it seems we have always let it get -- get ahead of us without solving the problem before the school was built. So, I think we need to -- I think we need to really look and get -- somehow or the other have the school district or a three way partnership or something to get that -- and I want to -- I would want that sidewalk in before the school is built. Watters: Madam Mayor -- Meridian City Council August 19, 2014 Page 37 of 74 Bird: Because that will -- we have allowed it to go ahead of the -- when we put that the last thing. De Weerd: We had that discussion at our joint meeting. Watters: Did you say from the school site down to Victory? Bird: I said Victory down to the school site on the west side. Watters: Oh. Okay. Bird: But the east side I believe has some -- Watters: Yes. You're correct. Bird: But I think you need to have it on the west. De Weerd: This -- this item was not only a discussion with Ada County Highway District, it came up during testimony when we considered a couple of the developments in and around Kentucky Ridge and there was great concern about the additional children, the children going to the school and being able to connect. Now, I seem to remember there is a sidewalk already on the Bear Creek side, it's just making the connection to the -- to that sidewalk and the HAWK signal to allow for the safe crossing of the kids. That's a real busy street, Victory, and certainly it's got that odd jog that makes it even more of a potential traffic issue. Lucas: Madam Mayor, Members of the Council, just to confirm what you stated, absolutely, there is a continuous sidewalk along the east side of Victory Road from -- Stoddard Road from Victory to Kodiak. So, that is in place. And as part of ACHD's analysis they did look at pedestrian activity connectivity and it's my understanding of their analysis is that the sidewalk on the one side they thought that was adequate at this time. You know, if you have got the -- the flashers and the crossing, potentially at Stoddard and Victory, we would, then, have the sidewalk on at least one side and they could configure those flashing crossers to -- crossings to allow for the connection to that sidewalk. There is still a gap in the sidewalk that would exist along -- along Victory and as the Commission, you know, looked at all these different issues, you know, their recommendation and analysis is in there. Also before you is the ACHD recommendation, which includes that crossing. I will let the applicant speak to the school district's position on this specific issue. Staff, at least from our perspective, we went along with ACHD's recommendation and as I felt, as I looked at it, that their technical recommendation was adequate. It's difficult -- just so you know -- requiring off-site sidewalk is not as simple as it may seem, because of the right of way issues that go along with building a sidewalk adjacent to a street, because there may be a position of a property owner who doesn't want to right of way and so you could put potentially put an applicant in a difficult situation in that you're requiring them to build a sidewalk that maybe one of the property owners doesn't want to build, it can create a difficult right Meridian City Council August 19, 2014 Page 38 of 74 of way issue for both the highway district and the applicant. So, some of those issues are what ACHD looks at. Because the sidewalk exists on one side of the street it looks like ACHD felt like that was adequate and planning staff, we felt like that was adequate, at least at this time to serve those potential students. De Weerd: I know, Justin, it's difficult asking for off-site, but as Councilman Bird said, you know, perhaps it's going to need to be a three-way partnership to ACHD in other places that have developed before they have a safe crossing -- have put the curbing or some kind of barrier up to even allow kids to safely walk on the gravel right of way, but something along that. That is a busy road and it's something that we can't ignore as part of this. I would hate to ever say that a school is an attractive nuisance -- it's not. It's a necessary service to our community, but as important as educating our kids is getting them to school safely, so safety is one of our top priorities or -- and responsibilities. Thank you for your comments. Any further questions from Council? Okay. Would the applicant like to make comment? Thank you for joining us tonight and for sticking with us this entire time. Hansen: A little longer than I was expecting it to go. Scott Hansen, LCI Architects, 1221 Shoreline Lane, Boise, representing the Joint School District No. 2. 1 wasn't expecting to have to discuss the sidewalk connectivity along Stoddard. We had discussed previously at the time Commission level the locations of flashers and HAWKS. I do want to point out that the school district's most significant compromise to this discussion is their willingness and support to safety bus every student within the one and a half mile radius that would normally be excluded from busing. They have put that in writing and commit to that. So, those students within that mile and a half radius that would normally not be bused will be able to be bused to that location. The difficulty we find with trying to develop sidewalks outside of our own land that we own is, obviously, we are going across right of way and other people's property. The location along that street consists of power poles, irrigation ditches, various contours and widths of road that we don't really have any control of, not to mention it's an extremely long distance and there is sidewalks on the east side of Stoddard for the full length. At the time that Stoddard gets widened further down the road those issues can be dealt with at that time. We are widening for the full length of the property -- the school district property along Stoddard and providing sidewalks along that, obviously, and putting in the HAWKS and flashers at the intersection of Stoddard and Kodiak. But we would certainly like to have your consideration to not require us to try to enter into any type of an agreement that would bind the school district to hundreds of thousands dollars if not greater than that to try to even develop something down that line, which we would have no control over. De Weerd: Well, certainly we can ask ACHD to make comment on the possibility or -- or opportunity for the curbing and a temporary facility within the right of way, but that is a very busy road and I understand safety busing and I also understand kids that age that don't want to ride the bus and they are going to be walking on that road regardless and that is -- therein lies the major concern and so under lessons learned, we have learned that putting a school in the middle of a field -- it's the middle of a field today, but Meridian City Council August 19, 2014 Page 39 of 74 as it starts to populate around there, kids will be walking on the sidewalk -- or hopefully on sidewalks, but certainly on the shoulders and we want to make sure that they are safe. And I would imagine -- and I know I will probably get a call from the superintendent tomorrow because of this comment, but the safety and the sidewalks are going to be a lot less expensive than safety busing, a taxpayer perspective, because someone is going to pay for that busing and busing is not cheap, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Scott, also you say within a mile and a half radius? Hansen: Yes. Bird: They are willing? There is a whole lot of places there within the mile and a half that isn't going to get bused that's going to have to walk. The developments that we have had that come in south of Victory so far, none of them would be within the mile and a half or they would all be within the mile and a half, not outside of a mile and a half, so I -- I don't know, I really -- I'm like the Mayor, kids' safety is got to come first, but whether this -- hold up the project or not, I -- I don't know. Up until the RUT -- piece of RUT property, they take that out of there -- De Weerd: Any other comments from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Speak to me about this bus exit. Hansen: There on -- on Stoddard Road there is a single bus exit only. The buses would enter in from the parking lot side off of Kodiak, come along the back side of the building, and pick up and drop off kids on their -- on the north side of the building, so they stack in that direction facing east and they would exit onto Stoddard. Rountree: Does that line up with Christopher Street to cross the -- Hansen: That's why it takes sort of that long L shape. Rountree: And is that going to be gated? What's to stop people from using that as an entrance? Hansen: Well, it would be signed. Rountree: That doesn't help. Meridian City Council August 19, 2014 Page 40 of 74 Hanson: Well, if it was gated that would prevent the buses from exiting. The -- generally that's not a problem where we have -- all the schools are set up that way, so that they all will have a dedicated exit for buses and generally parents understand that pretty clearly. De Weerd: Similar to the design of the other middle schools, the bus -- Hansen: Yes. Uh-huh. Bird: It's kind of like Sawtooth and Heritage. De Weerd: So, I'm sorry, I'm going to go back to Victory Road. Busing is -- that's been a hot topic at the beginning of every school year, in particular on where buses pick up kids, which are usually off the arterial. Again, I would talk about the safety of Victory Road and the topography and the jog there. The bus could not safely pull over and pick up kids on Victory and that's not a lit area, because it still is pretty much rural around it. What would be the plans in that regard? Hansen: Madam Mayor, I really can't speak to busing activities and how they would -- where those bus stops would occur. We can certainly ask that of the school district and be able to get further information should you need to have that. De Weerd: Okay. Any other questions? Councilman Borton. Borton: Madam Mayor, if I'm looking at this map -- Bill, put that back up. If I am looking at the map right, anybody at least that currently resides on that western portion would have busing available to them in the green striped eastern portion where Bear Creek is there on the sides of the sidewalk -- existing sidewalk; correct? Hansen: Right. Borton: And if you were on that southern portion of Stoddard and Victory, a rural area, you would have busing provided for you? Hansen: Correct. So, in effect, there are no areas for any student that is within the boundaries of this particular school that would not have access to busing. Normally the process is if you're with inside the mile and a half radius you aren't bused. In this case all the students within that mile and a half would also be bused. So, that's that compromise to make sure that every student going to that school has the ability to get bused to the site. Borton: Madam Mayor? Except that Bear Creek -- that section is not bused, but they could walk on the sidewalk. Hansen: Correct. Meridian City Council August 19, 2014 Page 41 of 74 Borton: Okay. Hansen: Yes. I'm sorry. Yes. Borton: Okay. Thank you. De Weerd: Okay. So, we have safety busing. I kind of talked about kids don't like to take the bus and, finally, if you have sports after school and you don't have a parent who is going to pick you up, you still end up walking. So, I guess I will stop kicking that dead horse. Anything else from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I tend to agree that -- I mean it seems like the busing would cost a lot more money than the sidewalks. The kids are going to be walking anyway and probably goofing around and -- I mean they are just at that age, 11 to -- you know, ten to 13 or whatever in that age group. I mean I have had kids that age and that it is a time when they generally don't really want to ride the bus. So, yeah, I don't -- I mean without seeing the cost breakdown -- to me it just seems to make a lot more sense to provide a safe walking area for them, like within the rest of the schools, as opposed going through the expense of offering busing to somebody who lives a quarter of a mile away. Hansen: Madam Mayor, Council Woman Milam, I can't speak to the cost associated with that. The school district is fully aware of those costs and are willing to do that. They feel that child safety is important to them. The difficulty we face is how can we realistically try to develop property that is outside of our own control? We do not own that land. We don't have the right of way to work within that property. We don't know what any of the owners within that property are going to feel for this and you can't force them to do it. So, I'm not sure how the school district could possibly be held accountable to try to develop any type of walkway that is nearly a half mile long through an area that is of various widths and has utilities and irrigation ditches and everything else through there. I just don't see how it could possibly be done. Milam: Madam Mayor, follow up. So, is that -- my understanding, reading through the packet, that that safety busing is temporary until -- temporary, but -- safety busing and, then, you have got permanent busing. So, I thought it was -- I thought I read that it was until all of that is developed and the proper sidewalks are in and -- Hansen: Yes. Until all -- all the proper sidewalks are in to meet the needs of ACHD's requirements to allow students to walk safely on both sides of the street, at that point the safety busing would probably go away. Milam: Do you have any idea what time frame that is? No idea? Meridian City Council August 19, 2014 Page 42 of 74 Hansen: I don't. Thank you. De Weerd: Yeah. And I guess I would just add that I certainly wouldn't expect the school district to put in a full blown sidewalk outside of the right of way. I guess it would be my hope that we could work with ACHD in finding temporary solution until that area develops and a permanent solution can be found. So, I would hope that it wouldn't be hundreds of thousands of dollars more like less than that, so -- anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just my last comment on that. On this particular item we do have -- on the west side we have a nice sidewalk going down. We are going to have the flashers at -- at Victory and Stoddard and down at the -- whatever the other street is and Stoddard. I can go along with that, but I think when we -- as that develops it's only going to be -- once you get the planned development south of the school right now up to the start of the hill there, you only will have about maybe eighth to a quarter of a mile left. So, I think we can -- I think we can get that -- they will have to put it in there and -- I can get by this time. This isn't quite like Sawtooth. De Weerd: Okay. Anything further? Thank you. This is a public hearing and I would offer any testimony. Certainly we did have a question for ACHD. Thank you, Sabrina, for joining us. Well, if you will just state your name and address for the record. Anderson: Mayor and Council, Sabrina Anderson, planning and programing manager, Ada County Highway District. Do you have a specific question before I responded to a couple things I heard? De Weerd: No. Anderson: Okay. Just a couple clarifications. From the Planning and Zoning recommendation. There were three pedestrian crossing signals that our commission discussed having participation to that we asked the Meridian School District to completely participate in or fund. The one at Victory and Stoddard, the request from our staff report was for them to fund two-thirds of it and for the highway district to fund one- third by means of a road trust fund and, then, when we saw the development necessitated, which, essentially, would be pretty close to when the school went in, then, we would look at putting that in. It's kind of one of those things that the counts are necessitating it now, obviously, but as soon as the school goes in they will. We did have this discussion in the work session with our commission, so it was not just a staff recommendation and was fully supported by the commission. So, I just wanted to clarify that and make sure that Council was aware. I also I guess was just thinking after discussion came about, as Justin mentioned, we do have a hard time -- we had this discussion when there was a joint meeting -- as the Ada County Highway District getting Meridian City Council August 19, 2014 Page 43 of 74 off-site improvements and it's a Catch 22. Part of that is it's also hard for a developer, as they mentioned, to be able to acquire the right of way, obviously, when they don't have control of the property. We have seen this happen at Sawtooth. We have seen it happen with Heritage. What we have ended up having to do, though, from lessons learned, is had to go back and retrofit and acquire the right of way and put in those asphalt pathways until such time as we get the road widened and even, for example, at Sawtooth where I have had one kid go through and one starting next week -- is the road is still not getting widened, but we are still having to put it in and, then, retrofit it. And I would say from experience, both as a mom and from the highway district side, even if safety busing is provided, you still got a lot of times -- and many of you already mentioned that -- where it's not meeting what the need is. What we hear at the highway district is the times with after school sports, as the Mayor mentioned, sports that aren't even school sports that are being provided. It's the times when the kids miss the bus and they are riding their bikes that we have the problems. So, I don't think that that really satisfies what the problems are that we get the request from and I would guarantee that we will get a school district request and for the next five years when the road improvements are done. So, what it does is it will, essentially, just pass the burden back to needing to be a community programs project, which what it will do is it will, essentially, just push other community programs projects that you guys will have further down the list of schools that are already on the list, which is a challenge. So, we do have this opportunity now to have the highway fund have this challenge. The only thing that I could creatively come up with -- and I don't know if this is a good idea or a bad idea, I have run it through Justin -- is there is an opportunity to do what we are talking about doing with the crossing at Victory and Stoddard, is we could do a road trust fund for some of these improvements that we will need to work out the details on. So, for example, some of -- and I really hate to say sidewalk, because Stoddard, even Victory, we don't know if it would be a full sidewalk in terms of asphalt, but like an asphalt pathway, we would detach it. I'm not a huge fan of extruded curbs, but that would be kind of the last resort. But at least they would have a detached sidewalk. If we did get some additional right of way. ACHD or the city were the only ones who could do a right of way, either -- either entity, really could do that. We could get an easement or a right of way. But if there was an interest in having the school district participate financially, one mechanism -- and maybe you're trying to speak to it, but we could road trust for some of that, just like we would do for a pedestrian crossing and, then, come up with some financial partnerships once we worked out the details of, you know, what is the project. Knowing that it's all taxpayer money, it's just a matter of how do we -- you know, which pocket do we take it out of to make it work. That is how our commission came up with the idea of partnering on the pedestrian signals. Essentially, a road trust fund that's -- find a way to work it into our budget. It's just an option for you guys to think about. Even on Victory, it's the same thing at this point, we just have a master street map to widen it to three lanes. I do think that area will -- especially when the school is in development will come in and, essentially, start getting those pedestrian improvements. What we see is it kind of comes in patchwork, so even if we get some in -- and we might get some big areas in, but if we don't have a mechanism, like a road trust fund, you know, we will have to try to go in and patchwork and you will get one or two hold outs and we don't have a completed connectivity system. So, I don't know if Meridian City Council August 19, 2014 Page 44 of 74 that helps, I don't know if there is a specific question that maybe some of those suggest triggers, if there is something we can do to help, but we are concerned as you are about how do we get that in in these open areas, but that is a couple of them. De Weerd: Thank you. Any questions for Sabrina? We appreciate your comments. Anderson: Do you have any questions? De Weerd: Thank you. Any further comment from public testimony? Follow up? Any follow up? Okay. Lucas: Madam Mayor? Just to clarify. And I hate to do this, because I know you guy always read every word of the staff reports. De Weerd: We do. Lucas: I know and that's why I hate to do this. The current recommendation from the Planning and Zoning Commission does not include all three crossings and -- all three crossings and flashers. The Planning and Zoning Commission recommended that the school district build the one right next to the school at Stoddard and Kodiak, that they road trust for a portion of the one at Kodiak and Linder and that they not be required to participate in any way at the one at Stoddard and Victory. And so I just want to make that clear as you're going forward and considering your motion and action, that the recommendation before you does include all those things and so I just want to clarify that, because I know we kind of talked a lot about a lot of things tonight and I want to make sure you know what's before you in the staff report. Thank you. De Weerd: Thank you. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on AZ 14-006. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Items 7-K and J. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council August 19, 2014 Page 45 of 74 Bird: I move we close the public hearing on CUP 14-003. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-K. Any discussion from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Did I hear you wrong? Did you say close the public hearing? Bird: I closed the public hearing first -- Zaremba: Separate -- yeah. Bird: She got off on J and K wrong. I closed it on AZ 14-006 and, then, I closed the public hearing on CUP 14-007. De Weerd: Oh. Sorry. Borton: Okay. Bird: I screwed up, too, I should have -- we should enact AZ 14-006 before we close the other one, I guess. We don't have to. De Weerd: Well, you can close them both closed them both. Bird: It was my fault. I'm sorry. You closed -- I thought you De Weerd: Okay. Well -- they are both closed already. Bird: I put the number down. I didn't go with the letter. Rountree: As soon as we vote in it they are both closed. Borton: Madam Mayor? De Weerd: Yes. Borton: If the hearings are, in fact closed, I would move that we approve Item K, AZ 14- 006, consistent with the recommendations from our Planning and Zoning Commission. Milam: Second. Meridian City Council August 19, 2014 Page 46 of 74 Rountree: Discussion. De Weerd: Okay. I have a motion and a second. Discussion, Mr. Rountree. Rountree: Though I can somewhat agree with where Planning and Zoning went with this, we have had some pretty frank discussions with the highway district and kind of reached an agreement that we would work together on these issues. I don't want to see us go the direction we have gone with the Idaho Transportation Department and we taking a position and them backing down from positions they have previously held. So, I would not favor that motion. I would favor that we approve this based on the recommendations from Ada County Highway District and that I would further add to that that we -- we require that the school district, Ada County Highway District and the city sit down and see if there is a mechanism to fund or a trust for the future development of sidewalks necessary in this area, because it's going to take all three to get it done, if, in fact, it does get done. And if it is an issue, then, we need to a take position on that. So, that's where I am with the motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Was that an amendment to the -- Rountree: Just discussion. But -- I can't amend the motion. De Weerd: If the motion maker is not, you can make a substitute. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As the motion maker I understood the part about having the cooperative discussion to try and create some master plan, how to facilitate funding mechanisms for these types of issues. That wouldn't necessarily resolve this particular application, unless we tabled it until we had those discussions, so -- Rountree: Correct. It would not, but at least it would bring everybody to the table. I think. Borton: Madam Mayor? I agree wholeheartedly. I think it's a great idea. I don't know how -- I don't know if it necessarily ties into the motion itself on the approval. It's not a condition necessarily, unless -- I might punt to Mr. Nary how to articulate that, if it's even doable. I understand the intent behind it and I'm supportive of it. I don't know how this application had strings tied to it to accomplish that. Meridian City Council August 19, 2014 Page 47 of 74 Nary: Madam Mayor, Members of the Council, I guess -- I guess I thought all of the strings we talked about were with the CUP, not with the annexation. I guess -- did I miss -- that's the way I read the report. All the strings of the things you're talking about are part of the CUP. If that's the discussion you want to have about expanding the CUP requirements, you could certainly do that. Rountree: We could do that with a CUP. But with the annex and zoning we still need to go with ACHD's recommendation. I believe that's the difference -- a different piece than what I'm talking about. Nary: Madam Mayor, Members of the Council, Council Member Rountree, I -- and Justin can correct me, but I thought the staff had put those conditions in the CUP from ACHD. Obviously your DA is another option as well with your annexation. But I was going to pull it up real quick. Lucas: Yeah. Just to clarify, Madam Mayor, Members of the Council, Mr. Nary, yeah, the way we structured the development agreement it does not necessarily contain conditions related to sidewalks and crossings. We felt those conditions were more appropriate in the CUP, because they were viewed as conditions of approval for this specific school site. Now, if we want to add some type of language into the development agreement and tie them to something, we certainly can do that, we would just need direction on what you would like included in a development agreement. As you know, we typically can't condition annexation, it's just a matter of if we have specific things, we put them in the development agreement and, then, we enforce those at the time. De Weerd: Well, Mr. Nary, I guess I always thought it was the appropriate place to put it in the annexation. Rountree: The development agreement. De Weerd: Yeah. And the development agreement. Nary: Madam Mayor, Members of the Council, certainly that is a fairly standard way. It's not always -- it's not very common anymore. You have CUPs that are tied to it, but that's certainly the direction staff took. If you wanted to go the development agreement route instead, that's certainly eligible to do that so -- so, you certainly can do that without with a concern. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, is the CUP part of a development agreement, too? It lays out the -- Meridian City Council August 19, 2014 Page 48 of 74 Nary: Madam Mayor, Members of the Council, Council Member Bird, so the development agreement is tied to your annexation -- Bird: And zoning. Nary: -- and the zoning. The CUP is a condition -- conditions that are tied to the annexation as well in the zoning, but they are separate from the development agreement itself. Bird: But they don't -- they can't be tied to the development agreement then. Nary: We don't normally tie those together. Bird: I know we don't normally. Nary: We don't normally tie them together. I mean they are standalone by themselves and it still requires -- Bird: I understand. Lucas: And this is somewhat just a little further discussion -- somewhat of a unique situation where you have an annexation and a conditional use permit without an associated plat and that throws kind of a wrench into it also. The Ada County Highway District in this specific situation, they can't really condition an annexation and they can't really condition a conditional use permit. They look to us to enforce their conditions in this situation. So, if we don't choose to include them in the conditional use permit or a development agreement, then, the highway district really has no way to enforce these conditions on their own. The reason we structure this the way we did -- we included a development agreement, which basically ties the applicant with this annexation and zoning to R-4 to only be able to do a school. So, if this fell apart and the school district sold this property, a new -- a new developer would have to come in and show us what they wanted to do with the property by modifying that development agreement. We feel like the conditional use permit is strong enough as a conditional use permit to enforce any and all of the requirements that were placed upon the applicant by the Ada County Highway District. Nary: Madam Mayor, Members of the Council, just from an enforcement standpoint, in your UDC the enforcement of the development agreement is a civil action that you have to file as -- especially a contract breach, whereas your conditional use permit it comes back to you. So -- actually, it might go back to P&Z I think. The violation is a notice to the offender as to what the violation is and an opportunity to cure in a public hearing in front of the Planning and Zoning Commission for the violation. So, the process is a little faster if they don't comply. So, it's just two different mechanisms and trying to achieve essentially the same thing, which would be more effective, but Justin is correct, from an enforcement standpoint either one is equally as enforceable by the city. One is a little bit quicker in just the way the process works. Meridian City Council August 19, 2014 Page 49 of 74 Bird: How come you're always right and I'm wrong? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: At the risk of sounding confused, the -- what's before us is what was recommended by the Planning and Zoning Commission, which does not include more than one HAWK signal. Only one HAWK signal -- De Weerd: Two. Rountree: Two. Zaremba: Okay. So, that's what I need explained to me. They have -- I thought Justin said that they only required the one on Stoddard and had no mechanism for getting the other two. But either way that's different from what ACHD recommended and my question is -- we are not actually acting on what ACHD recommended, unless we change what's before us and add it back as a new condition. Am I correct in that? De Weerd: That's correct. Zaremba: Okay. Lucas: And just to clarify, the school district is only required to actually build one crossing and that's just what I may have said. They are building the one directly adjacent to the school when they build the school. That's -- they have never had a problem with that. The other two -- they are providing a road trust -- and it's not even a road trust for the full amount. ACHD, to be quite honest, has already agreed to a partnership on those other improvements. We agreed to -- and, Sonya, if you would put up that -- that table which shows the cost breakdown. I think we have that in the -- in the ACHD staff report. They have already agreed to a cost sharing agreement for those other two crossings that won't be built necessarily when the school was built, but be built when they are -- when they are needed and determined by ACHD. Thank you, Sonya. So, you can see the cost breakdown of how -- what ACHD has proposed for -- for those other two crossings. I hope that helps clarify the timing and the construction and who pays for what. Zaremba: Madam Mayor, follow up. So, the school district still would be involved. What the Planning and Zoning Commission relieved them of was having to put a bond for it. But that doesn't mean they are not going to participate in the other ones, they just don't have the bonds now. Lucas: Madam Mayor, Councilman Zaremba, well, I think by removing the requirement for the school district to post a trust or bond, whatever you want to call it, for an Meridian City Council August 19, 2014 Page 50 of 74 improvement, it does, in essence, remove the school district of any responsibility for that -- you know, for that site, because when something is built in the future, you know, the school district is basically just putting money into a pot saying we are going to put this money into this pot that will help to fund this future improvement and that's how it was structured by ACHD. I think ACHD, in an attempt to work with the school district, which is also a taxing agency, they were trying to come up with a compromise and, as Sabrina stated, this is the compromise that the Commission felt comfortable with and what they set forth at the Planning and Zoning Commission. Now, our Planning and Zoning Commission modified that compromise a little bit, which they have a right to do as a recommendation -- recommendation to the Council. Zaremba: Thank you. De Weerd: Okay. Any other questions? Okay. We do have a motion on the floor. I don't think it was changed or modified. So, the motion in front of you is to approve the recommendation by Planning and Zoning, which would not include pretty much what ACHD had recommended. So, we have a motion, a second, any further discussion? Madam Clerk, will you call roll. Roll Call: Bird, nay; Rountree, nay; Zaremba, nay; Borton, yea; Milam, nay; Cavener, nay. Borton: Goodness gracious. De Weerd: Okay. Mostly noes. One yes. Five noes. One yes MOTION FAILED: ONE AYES. FIVE NAYS. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item K, AZ 14-006 with the recommended action from Ada County Highway District. Milam: Second. De Weerd: I have a motion and a second to approve Item K as amended from the P&Z recommendation. Any discussion? Madam Clerk, will you -- Nary: Madam Mayor, could I just ask one question -- De Weerd: Oh. Sorry. Nary: -- for the motion maker. So, you want that in the development agreement is what I would understand. Meridian City Council August 19, 2014 Page 51 of 74 Rountree: Yes. It needs to be clear -- Nary: Okay. Rountree: -- one place or the other, because we have thrown it both ways. Nary: Okay. Thank you. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 7-J. Bird: 7-L. De Weerd: 7-L. Sorry. I keep calling it J. We are going backwards. We are going to be longer. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8 -- CUP 14-003, for Meridian Middle School, with the conditions for the school to create a task force to work with Ada County Highway District and City of Meridian on ways to potentially fund a public -public -public partnership to accommodate the safety of school children where access is in question. Bird: Second. De Weerd: Okay. I have a motion and a second and I really look forward to reading that particular one. Any discussion from Council? Lucas: Madam Mayor, just to clarify. De Weerd: Oh, come on -- Lucas: I'm sorry. I know that we tried to find the -- just to clarify to the maker of the motion. The conditional use permit -- basically what I understand from the previous motion relates to the annexation. We will go ahead and include the cost sharing as Meridian City Council August 19, 2014 Page 52 of 74 agreed to by the -- as proposed by the ACHD commission in the development agreement. I'm clear there. I also believe as part of your motion in the conditional use permit, it would be appropriate, then, to, basically, revert back to the original staff recommendation on the conditional use permit, which, basically, was concurrent with the ACHD recommendation. That way the DA and the CUP will be exactly the same in how they treat the cost sharing for those improvements. Rountree: That was my intent. Lucas: Thank you. I was just clarifying. De Weerd: In addition to that, a task force to look at how we can connect safe sidewalks on temporary -- in a temporary fashion. Lucas: And on that motion -- that condition that we will add to the conditional use permit, is there any type of time frame or anything you would like to attach to that, just because I fear that conditions are somehow enforceable and 1, you know, would like to have something there that we can point to and say that they either met that condition or not, so that we can deal with it when it comes up through the certificate of zoning compliance process. De Weerd: Geez. Rountree: Well, the timing would be that it -- the task force would be initiated upon successful completion of the next bond issue. Lucas: Thank you. De Weerd: Okay. Any further discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. M. Public Hearing: VAC 14-004 Spurwing Challenge (Lots 3 & 4, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and West of N. Long Lake Way Request: Vacate the Ten (10) Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement AND the Ten (10) Foot Wide Private Irrigation Easement Along the Shared Lot Lines of Lots 3 and 4, Block 1 Platted with the Spurwing Challenge Subdivision Meridian City Council August 19, 2014 Page 53 of 74 De Weerd: Item 7-M was requested to be continued to September 16th. So, I will go ahead and open the public hearing on VAC 14-004 and ask Council if -- for a motion to continue. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue VAC 14-004 to September 16, 2014. Milam: Second. De Weerd: I have a motion and a second to continue this item to September 16th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. N. Public Hearing: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District De Weerd: Item 7-N is a public hearing on PP 14-012. 1 will open this public hearing with staff comment. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is Ventana Commons Subdivision. It's located on the east side of North Meridian Road, approximately a quarter mile north of East McMillan Road and it sits adjacent to Joint School District No. 2, Heritage Middle School. As you can see here, this property was -- consists of 18.21 acres of land. It is a remnant parcel left over from the previous stages of the Ventana Subdivision in which you acted on in 2004. With the annexation of this property the city did not require a development agreement. It went through our planned unit development process and those conditions were tied to the previous two phases. In 2006 the applicant did receive final plat approval for this third and final phase of the Ventana Subdivision, but the applicant failed to record that plat and they did not seek an additional time extension to keep that plat valid. So, this is a remnant portion -- a parcel left over from that and the applicant here -- is here tonight to discuss replatting this as Ventana Commons. The plat will consist of 70 residential lots and four common lots in the exact same configuration that was presented to you in 2004. The open space of the site consists of approximately 8.3 percent. The only reason for the reduction is that this would be a -- fair to say it's really tied into phase one and phase two as part of the amenity package and the open space. So, if you take this phase and the previous two phases, you have open space in excess of 15 percent, which is above what the UDC requires. Also with the previous two phases there was a Meridian City Council August 19, 2014 Page 54 of 74 pool, a clubhouse, a tot lot, multiple ten foot multi -use pathways through this development. So, this proposed development included with the two previous phases is -- exceeds what the amenity requirements are in the UDC and also the ten percent open space. With the earlier phases as well the street network was provided to provide connectivity to the subdivision. There is a short collector street segment here that's running west to east that was built with the phase two. The applicant is, again, extending into -- off of that collector street, which was envisioned with the original plat and tying into the existing stub streets that were built with the second phase in Ventana, which was, again, consistent with that approval. I would also point to Council that these block lengths also comply with the current standards of the UDC. So, even though they had -- or different lot sizes approved under the PUD process, the plat before you this evening does comply with the R-8 standards, the lot sizes, and the block length requirements of our current subdivision ordinance. I did call out in the staff report that there are two lots along the south boundary that don't meet the frontage requirements of the UDC. The applicant is conditioned to comply with that request. Here is the open space that I discussed with you. Again, it is consistent to what you acted on in 2004 and it's consistent with today's ordinance as far as size, tree plantings and requirements. The UDC does require a 25 foot wide landscape buffer along Meridian Road and that would be installed with the final plat. As previously discussed in the earliest -- earlier presentation this evening, a sidewalk was required as an off-site improvement back in '04, '05, and that currently exists to get the kids to the middle school to the south of this project and the applicant has also provided a tot lot -- or, excuse me, a passive open space lot as well. That has a ten foot pathway that's constructed to the school's property as well to provide interconnectivity with the subdivision moving forward. Here are some sample elevations which are consistent to what is currently built in the first two phases. Staff does have a condition in this staff report that the developer or home builder in the subdivision construct homes with the similar building materials. These decorative features that you see on the front fagades, we want to make sure that the pop outs, covered patios, a mix of building materials, decorative trim, are also provided on those elevations adjacent to Meridian Road, so we do have an attractive streetscape as you go down that arterial roadway. The Planning and Zoning Commission did recommend approval of this project to you at their July 17th hearing. Speaking in favor was Becky McKay on behalf of the developer. Tamara Thompson commented on the application. She was representing the school district. If you had a chance to read the staff report our original recommendation was that the applicant or developer provide a stub street to the school district property, because the school district has contemplated selling off surplus property for land -- it seems to be a maintenance issue for them to maintain all of the excess land that they have out there, so they are entertaining selling off a portion of their developed properties and have them redeveloped and so our original recommendation was to have a stub street and utilities stubbed to the school district property. After the public hearing the Planning and Zoning Commission did remove that requirement and did not require the extension of that stub street or the utilities and so that is the only change that was made to the staff's recommendation is continued this evening. Staff has not received any additional written testimony on this application since the Planning and Zoning Commission and I did receive confirmation from the applicant this evening that they are in agreement with the Meridian City Council August 19, 2014 Page 55 of 74 Commission's recommendations for the exclusion of the stub streets and the utility extension. With that there aren't any outstanding issues for you on this application. I'd stand for any questions you have. De Weerd: Thank you, Bill. I guess just for clarity, in the original staff report you did ask for the stub and the utility extension. Parsons: Madam Mayor, Members of the Council, that is correct. The staff recommendation was the application was to bring you a revised plat showing the stub street and the utility extension, but the Planning and Zoning removed that requirement. De Weerd: And, Bill, just to follow up on that, isn't that what we require of development, to stub to the properties that are undeveloped surrounding them and to provide utilities to the property line? Parsons: Madam Mayor, Members of the Council, to kind of summarize what happened at the hearing -- typically, yes, we would do that, but I think ACHD weighed in on this and our thought process was the school is a developed site. This is in new plat. Staff's stance was, well, if there is a possibility let's get this -- let's try to get it. Let's put a condition in there and working with ACHD, they didn't have an opportunity analyze the stub street, because that wasn't part of the plat that was submitted, it was something that happened after the fact. Based on their comments they said they would support a stub street to this property, but they did not want a crossing or another connection to McMillan Road, because of the canal that runs across there. When we got to the Planning and Zoning Commission we were discussing these things. There was a concern about block length, about a one-way entrance and a dead end cul-de-sac into that and how would we get a secondary access to that development. So, the Commission weighed in on what ACHD would support. They weighed in what staff was recommending, they could see a need for that. The applicant even made a large argument that there is more benefit to lease that out to other folks out there for recreational opportunities, for a PAL or soccer, that they could rent from the school district and use fields and ball fields on the weekends if they want to help with maintenance of their facilities and I think council bought that argument and decided that right now at the time that this plat came through the city didn't require it, the school site is developed, they didn't feel it was -- they felt it wasn't appropriate at this time to require that of the applicant now. De Weerd: Thank you. Okay. Any questions for staff at this point? Okay. Would the applicant like to make comment? Good evening. McKay: Good evening. De Weerd: Thanks for sticking it out. McKay: I toughed it out. But it was entertaining, have to admit. The different discussions kept me -- kept me engaged. Becky McKay with Engineering Solutions. Meridian City Council August 19, 2014 Page 56 of 74 Business address 1029 North Rosario here in Meridian. I'm representing the applicant on this particular application. As Bill indicated, this was annexed and zoned back in 2004. We brought through the first and second phase and they were built, constructed, recorded back in 2005. In 2006 we designed the third and last phase of this particular project. However, we put it on hold due to the recession. A time extension was granted that took us back to 2008 and, then, the developer just decided to just kind of sit tight. So, the preliminary plat has expired. However, when this particular property was developed, the school site was part of the Ashenbrenner parcel. I worked on the original deal with the school district, because Mr. Ashenbrenner would not sell to the school district, because he said they just want a portion of my site for a middle school, I don't want to sell just a piece, I want -- you know, if I'm going to sell I want to sell the whole thing and he said I'm not ready to sell anyway. So, we did put a developer together. I went Mr. Ashenbrenner and we luckily did a deal with the school district, with one of my developers as far as making this happen, so that this school site could move forward. One of the things that we had to do was to design the sewer and build it to the school. So, the streets -- some of the streets in this third phase -- the sewer is already constructed. What's before you tonight is the third phase, consistent with what was approved on the original preliminary, consistent with the final plat that was approved back in 2006. And this issue of a stub street arose out of a verbal discussion with the school district. This middle school site is designated civic on your Comprehensive Plan land use map. It's for public use. The school site is completely developed. It is not excess property or surplus property, it is developed. There is ball fields. There is a track. It's landscaped. It's irrigated and currently all of it is maintained and utilized by the school district. We were surprised when we were told that they -- they were -- might contemplate slicing a piece of the eastern portion which abuts Saguaro Canyon Subdivision and higher end lots and spin that off to a developer. I was shocked and surprised, obviously, that the utilities that were installed -- I mean this was intended for a school. It was always going to be a school. There are no stub streets to Saguaro. They would have to exceed the maximum allowed cul-de-sac length. They would have to contend with residents that believe that they bought next to a middle school ball field and probably paid a premium price for their homes because of that. I was shocked and I said, well, if the school district is concerned about their long-term maintenance costs, maybe they should enter into a partnership with PAL soccer, little league baseball, Optimist football to possibly lease portions of their site, if that is the plan. But this site has always been intended for public use and to try to retrofit an existing school site just -- I think is really poor planning. If this were an undeveloped school site and they were going to a smaller footprint and they didn't need a portion of it, then, that would be make sense. But it did not. The Planning and Zoning Commission, they agreed with -- with us and they said everyone in this area uses this school site, we see kids out there -- multiple Planning and Zoning Commission members said I drive that -- that Ustick corridor all the time -- or McMillan corridor and I see kids out there all the time and people using that open space and to take that open space away and put entry level homes there, we think that's a bad idea, because this -- this area is used to the public use of this site and they removed the condition for a stub street. There is no ability for them loop the water -- I mean if -- it just didn't make any economic sense and the cost to us was extremely high, well over a hundred thousand -- or 200,000 -- at least 200,000 Meridian City Council August 19, 2014 Page 57 of 74 dollars. Stub street. Utilities. If I had to change the street -- there is already -- you guys already have a sewer line that's in there that goes down to the middle school. I mean it was a significant impact on our site. Do you have any questions? Rountree: Do you have an opinion? McKay: I do have an opinion on the sidewalks to the schools. I recommend that they go get easements. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to conclude, no stub street, but still a pedestrian pathway that would connect to the school site. McKay: Yes, sir. We have a little -- we have a little knuckle that we designed in there for parents to drop off, pick up their kids, and a ten foot multi -use pathway that goes through open space, all the way down to the school site and it matches up with their existing pathway that leads right to the school and that was the other thing, the -- their plan would require that they -- to move and relocate their track and a ball field. So -- I mean when you look at the cost incurred and for what yield would come out of it, I don't believe it's economically feasible and I don't believe it will ever happen and I'd just hate my client to spend a couple hundred thousand dollars to something that shouldn't and probably won't happen. De Weerd: Well, you shared your opinion, I will share mine. I was a little stunned with the announcement that the school district would be looking at some of their fields for redevelopment opportunities. More in particular concerned about in Old Town, because there is such a lack of open space. What I do know is as dollars get tighter and schools are demanded by taxpayers to look under every rock for solutions to their growth problem, they do have to be creative. There are many housing areas that are transitional properties that will someday be leveled and a higher and better use will be put in there. I would imagine same with a green open field. I see it as the school district trying to be responsible to their taxpayers and utilizing what they have and being able to care for what they have. If you have been out on that field it's -- it's kind of green, but I don't think anyone wants to run through it with bear feet or, you know, go and frolic, laying down in it either. So, I do understand what they are -- what they are doing and don't want to close the door on any options to provide a higher and better use while providing additional funding sources to their growth challenges. McKay: Madam Mayor, I agree with the school district needs to make every dollar count, because our children's education is paramount to this community. I just don't believe that it is even economically feasible for this site to redevelop. It -- based on the costs they have to incur to move existing facilities. And like you said, we are always looking for more open space for the kids. Leasing to one of the other organizations that Meridian City Council August 19, 2014 Page 58 of 74 could utilize that for soccer or whatever the case may be, I see that as -- redevelopment of this as the equivalent of the city deciding to sell off a portion of Settler's Park to a developer, because they want to utilize those dollars and dollars are tight. I mean that -- that would be a travesty, too. And that's how I see this and there may be some school sites that -- that utilities are there, secondary access, the water is looped, it makes sense and they don't have to relocate facilities and it will pencil out. This is not one of them. And if I build it that's money out of -- a substantial cost and if they decide, well, no one will buy it, because it's not economically feasible and we can't afford to move all the facilities, we spent a couple hundred thousand dollars for nothing. I mean that's -- when it's developed all the way around it, I just think that it should -- adding a stub street to an existing developed school makes no economic sense -- or no logical sense. De Weerd: Any questions for Becky? Bird: I have none. Rountree: I have none. De Weerd: Thank you, Becky. So, you're earning your wage tonight Anderson: I am. Good thing I'm a night owl. For the record Sabrina Anderson, planning and programing manager, Ada County Highway District. I just wanted to clarify the highway district's position on this. I did visit a little bit with Justin. From the highway district's perspective we would support a stub street if it is the land use agency's desire to redevelop that site. So, because of the canal on McMillan and because of the proximity to the signal of both locations, it's not going to be able to get access on McMillan. So, if this is something that you want to be able to redevelop it needs to stub through the neighborhood, which would be the case regardless of what the existing site is. So, with the pending school district action on Sawtooth to do something similar, it's, obviously, a land use decision if that's something you want to support, but if it was going to do that it would need to stub through an existing neighborhood, so I just wanted to clarify that, that that would be the needed requirement if that's a subsequent decision you want to leave open, so -- if there is any questions I can answer that, but I just wanted to clarify that. Our staff report left that door open. De Weerd: Thank you. Any questions for Sabrina? Okay. Thank you. I would just point out that little green clover, that's maintained by the city. You can see how beautifully we do that. Just saying. Okay. Comments or questions from Council? Any further comments from the applicant? Rountree: No questions. De Weerd: No? Okay. Rountree: Madam Mayor? Meridian City Council August 19, 2014 Page 59 of 74 De Weerd: Mr. Rountree. Rountree: No further comments, I move that we close the public hearing on Item 7-N. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on 7-N. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve PP 14-012 with the recommendation from Planning and Zoning not to have it provide a stub street or a utility extension. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-N as recommended. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. O. Public Hearing: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District P. Public Hearing: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision Meridian City Council August 19, 2014 Page 60 of 74 De Weerd: Item No. 7-0 and P are public hearings on PP 14-011 and MDA 14-008. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on your agenda this evening is the Chinden and Linder Crossing Subdivision. The property consists of 9.34 acres of land that's currently zoned C -C within the city. This piece of property has also gone through many renditions over the years. It started as the Knightsky Estates and was approved as a mixed use development that included townhomes, commercial and single family. Since that time a portion of it has been split off and developed as the Spurwing Challenge Subdivision, which developed with a nine hole executive golf course and estate lots here, which you see to the -- to the west and, then, also a portion of the TN -C that was platted with this -- of annexed in with this property was rezoned to include more C -C. And, then, in the most recent application on this site was back in 2013 when the Council approved a variance -- an access variance to have right -in, right -out only access to Chinden Boulevard. You can see here that the site is partially developed with some buildings in the county being used for agricultural purposes. Those will be removed upon development of this site or with the subdivision. Here is the concept plan slash preliminary plat that is before you this evening. One thing that I would mention to you -- because of all of those renditions or morphing of this property and rezoning, this site is currently subject to three development agreements and so with the development agreement modification this evening staff is recommending that the Council terminate all three development agreements and have the applicant enter into one new agreement subject to the provisions or the conditions of this project moving forward. You can see here on the submitted plans that the applicant is showing nine commercial lots and nine commercial buildings. They range from retail to restaurant to banks to office use here. One thing that the applicant has done notably well on this site plan is he's actually oriented all the buildings up against the street to pull that away from the residential uses to the north and that's something that is consistent with our mixed use standards in our Comprehensive Plan. I recall back in 2013 when the variance application came through, there was quite a bit of testimony about how the street would interface -- be brought through this site and interface with the adjacent residential subdivision. I'm happy to report that ACHD has required the applicant provide some kind of traffic calming to transition that commercial use into that residential stub street. Staff has also made a recommendation in the staff report that from this point back there is some kind of choker or traffic calming system be in place. The applicant will have to work with ACHD and the fire department on that moving forward. But that is a condition in the staff report. If you recall back in 2013 when the variance came through, the access was closer to the intersection approximately 500 feet. This access point on this plant has been moved back approximately 700 plus feet from the intersection, making it a little bit safer for vehicles entering and exiting from the intersection and that is consistent to the variance and the location that was approved with the development to the south of this as well. Moving forward, the applicant will have to work with ITD on getting the necessary permits in place and mitigating any hazards to the roadway, meaning maybe a center median to restrict that access moving forward. I have been in discussions with ITD. They do have a new person over there that's handling the permitting over there for the access permit and I did inform them that Meridian City Council August 19, 2014 Page 61 of 74 the city has acted on a variance for this site moving forward and he's going to get with the applicant and work with them moving forward. As I mentioned to you -- well, stepping back here, the UDC has minimal design standards as far as lot size requirements for this subdivision. The only dimensional standard in the UDC would be the 35 foot wide landscape buffers adjacent to Chinden Boulevard and Linder Road. Because there is commercial zoning up against a residential subdivision, the applicant is required to provide a -- basically a 25 foot wide landscape buffer along the north side of the road. I would point to Council that the landscape buffer for this lot here up along the residential subdivision would be installed with lot development, not necessarily with the subdivision. However, this is a common lot and this is also proposed as a common lot with a plat and those would have to be completed with the subdivision improvement. So, a portion of that buffer will be installed with the subdivision and a portion of it would happen at lot development. The UDC also requires that a ten foot multi -use pathway be constructed along Chinden Boulevard and that would be constructed with the first phase. So, as you can see here with the development of Spurwing Challenge and with this being developed, the city would only have a half mile of interconnected pathway along Chinden Boulevard on both sides of the road moving forward. So, we are starting to get quite a bit of pedestrian connectivity in the area. The applicant did not submit any elevation for you this evening. They want to be subject to the requirements of the UDC and the design manual and as such we have placed a condition in the DA -- or provision in the DA that requires them to go through that process and work with staff moving forward. So, as I mentioned to you, there are three DAs on this site. Staff wants to have you terminate those three and have the applicant enter into a new DA and these are the provisions that we are recommending this evening. The first is general compliance with the concept plan that I just showed you with the nine buildings. Because we know concept plans do change over time based on users and market demand, we have restriction that the site to a minimum of six commercial buildings and one building may not exceed 30,000 square feet and the reason why we came up with that 30,000 square foot minimum -- or maximum is because of the mixed use standards in our Comprehensive Plan -- typically want to see smaller scale buildings with that type of zoning district and with that type of land use. So, that's the appropriate size called out in the comp plan, so we felt that was the maximum we would -- would allow for a single building on the site. And, then, one thing I wanted to point out as well is you can see here with this construction of the roadway there are some pedestrian connections that come in. They don't necessarily come into -- into the internal portion of the development, so because this is the central location or central access point, staff is recommending that these pedestrian walkways on either side of this driveway be extended into the site to these retail pads or restaurant pads moving forward. And that would happen at a certificate of zoning compliance stage or staff level. As I mentioned to you, no elevations, so staff is requiring that the applicant comply with the design standards in the UDC and the Meridian design manual. As I mentioned to you, there are several drive-thrus proposed for this site. This site plan does not vest them with any drive-thru use on this property. If they are within the 300 feet of that residential district the applicant will have to go through a conditional use process and that's, basically, what that provision is for. And, then, as Council would recall, back when this project was first annexed, the previous developer proposed to install a monument sign on this Meridian City Council August 19, 2014 Page 62 of 74 site and so in honoring that commitment made to the Council back in '06, they were willing to work with staff and they are more than happy to construct a full monument sign along the Linder Road entry point into the city. Details for maintenance and cost for that will be worked out with the city moving forward, but we at least wanted to get that on here, that there is no easement at this point for the sign. The applicant has agreed to build it, so as far as maintenance and where the placement of that sign goes, that will be worked out with city staff moving forward. De Weerd: As I recall, Bill, the original development -- they were going to put a water feature that was similar to Laguna Point or -- what was that development that Creston, Thornton and -- yeah. Whatever the names were. Parsons: You're correct. And that's tied into the development agreement with the water feature and -- De Weerd: So, I was looking for that on that plat. I was looking for that nice little water feature. Parsons: Well, since that time we have new design standards for the sign, so they are going to build to what you acted on and the design concept that has been approved. De Weerd: It will be much more appealing to them knowing this big waterfall that we had in mind. Parsons: Yeah. And they communicated that to us. I think they are happy to oblige. And, then, because there is no phasing proposed for this development and we wanted to make sure that we did get that connectivity and those landscape buffers along Linder and Chinden with the first phase of development, we will take that as a condition -- or a provision as well in the DA. And, then, also because ordinances change over time and developments can either move at a fast pace or a slow pace, depending on market conditions, we wanted to make sure that future development on the site complied with any ordinances in effect at the time that they submit an application. So, during the Planning and Zoning Commission hearing the Commission did recommend approval of the preliminary plat to you. Speaking in favor was Laren Bailey and as far as any other additional public testimony or outstanding issues, there weren't any. No one came to testify on this application. So, it is a fairly clean application this evening and staff has no outstanding issues to report to you and, like I said, the Commission did recommend approval and I will stand for any questions you have. Rountree: Questions for Bill? Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council August 19, 2014 Page 63 of 74 Zaremba: Just one little one. You mentioned their roadway that connects to Chinden. They have moved it some distance west. That sounds like a good idea, but I just wanted to confirm that it is still a right-in, right-out in the new location. Parsons: Council Member Zaremba, that is correct. This actually isn't a roadway, it's actually a commercial driveway. But, yeah, it's shifted to the west approximately 700 plus feet and it will -- based on the approval of a variance, it has been approved by this Council as a right-in, right-out only access point and will remain as such. Zaremba: Great. Thank you. Rountree: Further questions? Bill, just a comment or a question. On these kind of developments adjacent to R-4 or better, if you will, residential development, we have had significant issues in the past and conditional use permits related to such things as a McDonald's or a Sonic or whatever. We have in the past had developers commit that it will occur in certain spots and, then, it happens. So, has that been addressed at all in the development agreement? We just deal with that at the conditional use permit stage? Parsons: Councilman Rountree, if you look at the concept plan here, there are no uses tied to the site until we have actual development. Rountree: Okay. Parsons: Certainly, if it's your desire to have something like that in the DA you can do that. As I mentioned to you in my presentation, there is nothing in here vesting them with a drive-thru use here. They will have to go through the conditional use process. But certainly I think some of the traffic calming that was approved or required would help with that. And, quite frankly, in the UDC we don't differentiate between drive-thru uses. We don't say a restaurant use is any different than a bank drive-thru. We all know they function differently, we all know they generate different traffic uses and they are more impactful on the neighborhood based on those uses, but in this particular case we have not addressed that concern. Rountree: Thank you. Anymore questions? Bird: I have none. Rountree: Is the applicant -- I'm sure you're there in the back of the room. If you would state your name and address, please? Bailey: Yes. Councilmen. My name is Laren Bailey with LEI Engineers and Surveyors. Our business address is 3032 East Copperpoint Drive, Meridian, Idaho. As Bill said, I don't think we really have any issues with the staff report. We are in agreement. We have been working with ACHD on doing a choker there where the project leads into Spurwing, some traffic calming there. It's pretty straight forward. We have also been in Meridian City Council August 19, 2014 Page 64 of 74 discussions with ITD about the access, working through that process with them currently. The other -- the other issue I wanted to point out -- not trying to pat on the back or anything, but currently -- excuse me. Currently the subdivision to the north does not receive their irrigation water because of other developments and other things that happened in the past to cut that off. We are actually proposing to bring the water from the southwest corner of the project over to Linder Road where there is actually a pipe in place that leads down to their subdivision that will supply them with irrigation water. Just trying to clean up some of those issues from the past and move that forward. As Bill pointed out, you know, this is a concept plan, you know, uses -- we don't know what's going to come yet, who is going to want to buy what and that's why we -- you know, we gave you a concept to show you what it might look like, but we want to come back at that time and discuss those if they are conditional uses or goes through the building process -- building permit process accordingly. So, with that I will stand for any questions. Rountree: Any questions? Bird: I have none. Rountree: Any further comments? Bailey: What's that? Rountree: Do you have any more comments? Bailey: I don't. Rountree: Okay. Bailey: Thank you. Rountree: It is a public hearing. Anyone wish to testify? Frank, come on. Ward: Allen Ward. I live at 6598 West Barney Lane. I live in the subdivision to the north of this. Rountree: Okay. Ward: I'd just like to comment a couple things that -- Rocky Mountain development did very good in involving us what's going on, so I commend them on meeting -- they have met with me a couple of times. But they have put together something that's much better than was previously presented to the Council. We like the buildings out to the front. The only concern we kind of have is the restaurant issue that you guys talked about a little bit, that we really don't want the restaurant issue in there. But I guess that comes later when you guys approve lots or whoever wants to go in there. But we would like to not see that if possible, the fast food part of it. The sit down restaurant probably is a Meridian City Council August 19, 2014 Page 65 of 74 little different clientele. That works. They mentioned -- or I have had a talk with them on the fencing issues. They are willing to work with us on that, on how to fence that property. Runoff of the irrigation system so that it doesn't come onto our property. Some of that property is higher than the housing -- the land that is there with the homes. And the lighting issue, not to have a lot of lighting, so you have a lot of glare. I don't know if you have ever been to the Fred Meyer across the road, but there is a light about every 20 feet, so just tone it down so it's not a big issue on glaring and he has said that they are working on that to make sure that it doesn't go past the road, but -- the angle of that, but also, you know, just don't want to illuminate the whole thing all night long. I commend them on what they have done. I think it's a good project and I'm looking forward to working with them more. Thanks. Rountree: Thank you. Any further testimony? Any further wrap up from the applicant? Well, I appreciate the good words that have been spoken about you in your effort and we will see where we go from here. If there is no further testimony -- any further questions? Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: Madam Mayor. I move we close PP 14-011 and MDA 14-008. Milam: Second. De Weerd: I have a motion and a second to close the public hearings. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-011 and include all staff, application, and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-0; is that correct, Mr. Bird? Bird: Yes. De Weerd: Okay. And a second. Any discussion from Council? Madam Clerk. Meridian City Council August 19, 2014 Page 66 of 74 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 14-008 and to terminate the three existing agreements and enter into a new one, including all staff, applicant, and public testimony. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-P. Any discussion from Council? I would just like to make a comment that this is a positive development. I think there is great opportunity now that you have the fast food place and lights across the street, this allows for some great opportunity for something different that will support the Spurwing area that it's connected to and certainly being a different choice to those that are going to visit that area and I think that area is going to get a lot of visitors with the temple going in and that sort of thing, so a positive change. So, thank you. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. O. Public Hearing: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones De Weerd: Okay. Our last public hearing is 7-Q on ZOA 14-002. 1 will turn this over the Justin. Lucas: Thank you, Madam Mayor, Members of the Council. Tonight before you is a request from the planning division to modify our Unified Development Code. It's -- Meridian City Council August 19, 2014 Page 67 of 74 periodically, you know, we will bring these before you every about six months. This one was really classified as a -- as a cleanup to our UDC. It really contains items that we determined were relatively straight forward and did not anticipate a lot of public testimony or interest. That being stated, I did take these items out to the BCA to one of their meetings and talk to them about it. We do outreach, both internally and externally to give people with interest a chance to comment. I didn't receive any comments. I didn't really anticipate any due to the nature of these cleanup items, but I want to make that very clear that this wasn't done in a vacuum and we did reach out to people. That being stated, the text amendments before you tonight relate to landscape buffers, fencing for daycares, the public meeting process, which was previously not described in our code. Parkways along arterial at streets. Posting for public hearings. Cul-de-sac measurement. The one item that is -- could be deemed significant, but we felt was important to include in this update was the removal of construction sand and gravel mining as a conditional use in residential zones and that's something that we wanted to do and felt it was appropriate to do based on our experiences with that use in residential zones. So, that stated, this -- the Planning and Zoning Commission recommended approval at their July 17th hearing. No one spoke in opposition. No written testimony has been received on this application and since it is a staff initiated text amendment, staff is obviously in support of these -- of these changes to our Unified Development Code and I can certainly stand for any specific questions you may have about this process. De Weerd: Thank you, Justin. Any questions? Mr. Zaremba. Zaremba: Not really a question. I would just comment that I really appreciate the removal of construction sand and gravel mining as a conditional use in residential zones. I support that removal. De Weerd: Any other comments or questions? Or sideway questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: No sideways. Comments about that. And I agree with it based on our experience. But I believe there is -- I don't know if it's in UDC or someplace else where it talks about site development and the moving of material and I think it explains the ability to move material off of the site. Somewhere that sticks in the back of my mind as one of the reasons why we kind of went along with this mining to begin with. But, Bill, does that ring a bell with you in any of the ordinances? Nary: Madam Mayor, Council Member Rountree, you know, it -- it does sound familiar and why we tried to distinguish the mining operation separately. Here I think we took the same definition of what we considered to be the mining portion and that basically does not allow it in the residential zone. But just remove -- normally if you're removing Meridian City Council August 19, 2014 Page 68 of 74 dirt and things like that it doesn't require any permitting or anything like that in the normal operation. Rountree: I don't know. It may still be there, but I thought there was something about moving it for commercial purposes. Nary: We will check into that. Rountree: In other words, developers in a lot of these subdivisions take a good share of the top soil and sell it. But they do it because they have got to get the site prepared, they have got to get the elevations right and they are not going to take the top soil off and, then, dig the sub base out and move it someplace else, because they can't get rid of it at a premium price like they can the top soil, so -- and I thought we had something somewhere that talked about that. Nary: Your memory is really good, Council Member Rountree and so we will double -- Rountree: Getting worse every day. Nary: It used to be really good and so we will double-check and make sure that we are not getting -- we are not creating a conflict for the next revision. Rountree: Yeah. I don't know where that would be, but -- Nary: All right. Rountree: -- and it could have been gone with a revision in the past. Nary: Sure. De Weerd: Okay. Any other comments? I would ask if there is any public comment, but seeing we are kind of light on the public -- Zaremba: Madam Mayor, seeing no public comments, I move we close the public hearing on ZOA 14-002. Rountree: Second. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on 7-Q. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? Meridian City Council August 19, 2014 Page 69 of 74 De Weerd: Mr. Zaremba. Zaremba: I move we approve ZOA 14-002. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-Q. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Berton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. City Clerk's Office: Room Reservation Policy Update De Weerd: We are finally to Department Reports and we have been waiting for this room reservation policy update with bated breath. Jones: Yes. Madam Mayor, Members of the Council, if you're comfortable I'm going to remain seated for this presentation. We originally brought this to you -- I looked it up -- in April of last year. So, there has been a bit of a delay getting this back to you and I apologize. The goal of this update is to bring the policy back to basics of what the original intent was with the rooms when we moved into this building. The original goal was that we would have rooms available for our HOAs, for our developers, for public notification of road projects and, then, for city staff for things like training and as we have grown and as the city has grown and the word of our wonderful facilities has gotten out, our room reservations quickly got bogged down with things that were less related to the original intent and more related to just every day community business. We have been charging a 25 dollar fee to agencies who use our rooms, excluding nonprofit or agencies who are being sponsored by a member of city staff. Even doing that, though, we are not really creating a revenue stream. So, our proposal with this update is that we -- first of all, we would eliminate the 25 dollar fee for the room reservations. By doing that, though, we also would like to restrict the use of the rooms -- restrict the use to Meridian HOAs, government entities, 501(c)(3)'s and, then, agencies that have a city staff supporting them or I guess who sit on those groups. The goal of that would be that we can free up some space for our city meetings. You know, when HR has to schedule best training, they have a lot of difficulty finding a free space to do that and we have issues where they will need to do a bid opening and there isn't a place to put those types of meetings. So, our hope is that by eliminating some of our more business related room reservations we might be able to let these rooms be used Meridian City Council August 19, 2014 Page 70 of 74 for what their original intent was. We do understand, though, that -- that having access to a nice room at a low cost is important to local businesses, so we have done some research and we have got some local colleges -- Broadview University and Stevens- Henager both have conference rooms that they have offered to let the public use. So, our goal is that is we say, no, because the policy is updated that we can, you know, here is another location that you can go to. They are not charging fees at those places, so it ends up being a win-win for those agencies that we will turn away, they will save their 25 dollars from us and they will just go to a different facility and I think it will be a good thing, especially for our HOAs. You know, we have got citizens that are already paying taxes and, then, they are paying again to rent the room and I don't know that that was really what the intent was to begin with. So, if you're comfortable with that we would like to move forward with that and -- and really just kind of get back to basic, get rid of that fee and look up on the use. I do have a list in your packet of the groups that we will allow, but it's pretty standard. I mean as long as we are talking HOAs, like I said, government entities, your ITD, COMPASS, anything like that -- 501(c)(3)'s that will be what it is used for, so I will go ahead and stand for questions. De Weerd: Thank you, Jacy. Council, any questions? Rountree: No. Sounds good. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment. I know this is a project that was a long time in the making and it's taken a lot of input from a lot of people and I'm happy to see they were able to make a decision on it. So, nice job. B. Resolution No. 14-1005: A Resolution Approving the Updated City of Meridian Room Reservation Policy Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For fear of being the kiss of death on this, I'm going to make a motion. Bird: Good. Rountree: You will get something right tonight. Borton: I don't know about that. I'm pretty nervous. Bird: I would be. Meridian City Council August 19, 2014 Page 71 of 74 Borton: Don't mess with me. I move that we approve Item 8-B, resolution number 14- 1005. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-Q. Any discussion by Council? Bird: 7-Q? You mean 8-B. De Weerd: 8-B. Oh, it's late. We have been here for a while, haven't we? Okay. I'm sorry. We do have a motion and a second to approve Item 8-B, resolution 14-005. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. 14-1619: An Ordinance (RZ 09-005 Seyam Subdivision) For The Re -Zone Of A Parcels Located On The North Side Of E. Franklin Road, Approximately 1,200 Feet East Of The Eagle/Franklin Intersection In The Southwest 1/4 Of Section 9, Township 3 North, Range 1 East, And Annexing Certain Lands And Territory; Establishing And Determining The Land Use Zoning Classification Of 6.54 Acres Of Land From The C -G (General Retail & Service Commercial) Zoning District To The I -L (Light Industrial) Zoning District; And 1.12 Acres Of Land From The I -L District To The C -G District; And Providing An Effective Date. De Weerd: Okay. 9-A is Ordinance 14-1619. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An Ordinance RZ 09-005, Siam Subdivision, for the rezone of a parcel located in the north side of East Franklin Road, approximately 1,200 feet east of the Eagle -Franklin intersection in the southwest quarter of Section 9, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory 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 6.54 acres of land from the C -G, General Retail and Service Commercial Zoning Meridian City Council August 19, 2014 Page 72 of 74 District, to the I -L, Light Industrial Zoning District and 1.12 acres of land from the I -L district to the C -G 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 this ordinance read by title. Seeing that we have no one who wants it read in its entirety, I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1619 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All aye. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. Proposed # 14-1620: An Ordinance Amending Meridian City Code, Updating References to Former Meridian City Code Section 1-4-1, Regarding General Penalties, To Reflect the Current Location, Meridian City Code Section 1-2-1, as Renumbered Pursuant to Ordinance 14-1608. De Weerd: Item No. 9-B is Ordinance 14-1620. Madam Clerk, will you read this by title only. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code, updating references to former Meridian City Code Section 1-4-1 regarding general penalties to reflect the current location, Meridian City Code Section 1-2-1 as renumbered pursuant to Ordinance 14-1608. De Weerd: Do I have any comment on this? Do I have a motion? Milam: Madam Mayor? Meridian City Council August 19, 2014 Page 73 of 74 De Weerd: Yes. Milam: I move that we have approve Ordinance No. 14-1620 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-13. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Council, under future meeting topics, this isn't really for a future agenda, but I had talked with our Council President about our -- the retreat that the senior management team went on and our focus on strength based leadership and I am very hopeful that this Council is interested in participating and would like to offer to buy you each a book. In the back of the book is a code to take the strength based test that will help define the rest of our senior leadership on what the strengths are, so we can best know how to use your talent and strength to -- as a team to execute, influence, build relationships and how mostly to provide you information. Also, we as a team found that we all represent -- there is four different domains, which is executing, influencing, relationship building and strategic thinking that each of us have at least one strength in all of the eight or nine different characteristics and each of those are innate to who we are and I think that as we were challenged what -- what happens when we start focusing on our strengths and what we bring to the team, instead of focusing on those gaps and using those -- those different characteristics and strengths, it will help the senior leadership team know how to present and give information, share information with -- with our Council and also you will have that information in addition. So, I just wanted to put it out there and see if it's a go and how many books I need to order and we would like to close the loop on this team, so we know what all we possess, so we know how to best use them. Milam: Madam Mayor, I love taking those kinds of tests, so I'm in. But I thought you were going to invite us on a retreat. De Weerd: Then I have to post it and, you know, have to invite Frank and -- it's a hassle inviting you guys anywhere. But you will be invited when we start our strategic planning. But it also will help us in, again, using all of your strengths to the benefit of these different processes that we will start to get involved with. So -- Meridian City Council August 19, 2014 Page 74 of 74 Zaremba: I have taken tests like that before and I'm amazed at what I find out I don't know about myself already. De Weerd: Well, on this one you should really recognize yourself. It's kind of scary. Mr. Bird. Bird: I'm too old a dog to learn anything, but -- no, I will do it. De Weerd: Old dogs can learn new tricks. So, we will order some books and get those out to you. Okay. Any other topics for consideration for future meetings? Okay. If not, would entertain a motion to adjourn. Milam: So moved. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:590 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) X MAYOR TAMMY de WEERD DATE APPROVED ATTEST: —41 Ai CITY CLER, JAYCEE HOLMAN,