Loading...
HomeMy WebLinkAbout2014-10-07CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 07, 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 O Mayor Tammy de Weerd 2. Pledge of Allegiance by Larry Woodard 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. Approve Minutes of September 9, 2014 City Council Workshop Meeting B. Approve Minutes of September 16, 2014 City Council Meeting C. Approve Minutes of September 23, 2014 City Council Meeting D. Simplex Grinnell Agreement for Fire Alarm Purchase, Installation, and Monitoring at the Wastewater Administration Complex E. Approval of Professional Services Agreement for "Qualified Licensed Professional Engineer (QLPE) Plan Check Services" to Keller Associates in the Not -To -Exceed Amount of $50,000.00. F. Agreement for Professional Services with M.D. Willis Inc., for City Meeting Transcription Services G. Master Improvement Agreement between Meridian Development Corporation and City of Meridian Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 1 of 4 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. H. Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed Approved Budget Amount of $240,000.00. I. Recreational Pathway Easement Between CBC Freddy's Meridian 1, LLC and the City of Meridian J. Approval of Task Order 10044.a to CH2M Hill Engineers for the "WASTEWATER TREATMENT PLAN (WWTP) HEADWORKS CAPACITY EVALUATION AND EXPANSION ALTERNATIVES ANALYSIS" Project for a Not -To -Exceed Amount of $59,541.00 K. Approval of Contract Amendment to Extend the Contract for "Poly - Aluminum Chloride" to Kemira Water Solutions in the Not -To -Exceed Amount of $70,000.00 L. Approval of Change Order 1 to Task Order 10055 for "WASTEWATER TREATMENT PLAN (WWTP) UV DISINFECTION SYSTEM EXPANSION — PHASE 2" to CH2M Hill Engineering in the Not -To -Exceed Amount of $222,117.00. M. Final Order for Approval: FP 14-038 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Final Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Area Lot on 4.93 Acres of Land in the R-8 Zoning District N. Final Order for Approval: MFP 14-002 Canterbury Commons No. 1 by Northside Management Located South Side of W. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Modification Amending Plat Notes #18 and #19 to Allow Lot 2, Block 1 to take Access from the Common Driveway Constructed Along the Southern Boundary O. Approval of Award of Bids and Agreements for "WWTP Maintenance Facility Buildings - Construction" to multiple contractors (Bid Packages 7, 8, 9, 14, 15, 16, & 18) per the following schedule for a Not -To -Exceed total amount of $291,345.00. BP7 Cabinetry & Trim: Bledsoe Construction, Inc. $4,054 BP8 Roofing & Skylights: Modern Roofing $138,670 BP9 Doors & Frames: D&A Door & Specialties, Inc. $25,180 BP14 Painting: All Colors Painting $18,832 BP15 Specialties: SBI Contracting, Inc. $10,160 BP16 Window Coverings: Northwest Sales & Distribution $840 BP18 HVAC: Advanced Heating & Cooling $93,609 Items Moved From Consent Agenda None (Pg 4) Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 2 of 4 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. 7. Action Items A. Public Hearing to Consider The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road. (Pg 5-7) B. Purchase And Sale Agreement For The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road Approved (Pg 5-7) C. Approval of Permanent Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park Approved (Pg 5-7) D. Approval of Temporary Construction Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park Approved (Pg 5-7) E. Continued from September 23, 2014: Public Hearing: Proposed Sewer Connection Fee Increase (Pg 7-8) F. Resolution No. 14-1021: A Resolution Adopting the Increase to the Sewer Assessment/Connection Fee Approved (Pg 8) G. Public Hearing: Proposed Fee Schedule of the Meridian Parks and Recreation Department with Revisions to Include the Disc Golf Fall Classic (Pg 9-10) H. Resolution No. 14-1022: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department (With Revisions to Include the Disc Golf Fall Classic); Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved (Pg 10) Public Hearing: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition #1.4d) Pertaining to the Parking Lot Design Continued to October 21, 2014 (Pg 10-22) J. Public Hearing: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision Approved (Pg 22-32) Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 3 of 4 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. K. Public Hearing: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts Approved (Pg 22-32) L. Public Hearing: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District Approved (Pg 22-32) M. Public Hearing: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-213-4 in the Proposed C -C Zoning District Approved with Conditions (Pg 22-32) 8. Department Reports A. Solid Waste Advisory Commission (SWAC): SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2015 (Pg 32-35) B. Legal Department: Approval Of Collective Labor Agreement Between City Of Meridian And Meridian Firefighters I.A.F.F. LOCAL 4627 Approved (Pg 35-39) 9. Ordinances A. Ordinance No. 14-1625: Ordinance Authorizing The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road Approved (Pg 39) 10. Future Meeting Topics (Pg 40) 11. Executive Session Per Idaho State Code 67-2345(1)(d) — To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code Into Executive Session at 7:45 p.m. Out of Executive Session at 9:10 p.m. Adjourned at 9:11 p.m. (Pg 40-41) Meridian City Council Meeting Agenda — Tuesday, October 07, 2014 Page 4 of 4 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 October 7, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 7, 2014, by President Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Sonya Watters, Bill Parsons, Bruce Chatterton, Tom Barry, John Overton, Mark Niemeyer, Patty Perkins, Steve Siddoway, Colon Moss 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_ Lucas Cavener Mayor Tammy de Weerd Rountree: Open the City Council meeting at 6:00 p.m. on Tuesday, October 7th. Roll call, please, Madam Clerk. Item 2: Pledge of Allegiance Rountree: If you would all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church Rountree: Our community invocation this evening will be by Larry Woodard. Larry, thank you for being here. Woodard: Thank you. Always an honor. I think one of the privileges we have is to ask our creator for wisdom as we try to keep going and I'm proud of this Council, because I think you do a good job. Let's pray. Our dear Heavenly Father, we pause this evening to address you and, again, ask for your wisdom as decisions are made regarding our city. You have heard our prayers in the past and the fact that we are one of the top cities in the nation as a place to live and raise children is a tribute to this Council. We are less than a month away from our national elections. My prayer tonight is that the present malaise that grips our people would be addressed as our citizens vote next month. Help us to once again have confidence in our government. That right and Meridian City Council October 7, 2014 Page 2 of 41 property decisions will be made. That our nation will be secure from internal and external threats. I sometimes wish that our national government officials could watch this City Council as it deliberates and learn how to put people first and look to the future in the many issues that come before it. You're blessing us this week with some of the best weather of the year. The kind of weather that lifts our spirits and we thank you for that. As I look around our town and look at all the construction going on I realize that our city is changing and very rapidly. Give our leaders foresight into what would be proper choices on streets, utilities, types of buildings, parks, et cetera, as issues come up tonight. We ask for your protection of drivers on 1-84 as construction continues to improve the Meridian overpass. Keep these drivers alert and workers safe. I ask for good health for each of our city leaders this fall. They work hard on our behalf and I know there is a tendency sometimes to put others before their own wellbeing. I ask that you protect their families. In closing, Lord, we are so blessed and simply ask that you continue to bless us as we take a few moments to remember you. As the Psalmist said, where does my help come from. My help comes from the Lord, the maker of heaven and earth. And I pray this in Jesus' name, amen. Item 4: Adoption of the Agenda Rountree: Thanks, Larry. Before we adopt the agenda I just want to welcome everybody here. We have a number of staff. Thank you for being here tonight and taking time to be here and let us know what's going on. Students, I see you have made it to the back of the room and ready for an early exit, possibly. I don't know. I hope you enjoy this evening. Need a motion to adopt the agenda. Bird: Mr. President? Rountree: Mr. Bird, Bird: On the agenda, under 7-F, the resolution -- proposed resolution number is 14- 1021. 7-H, the proposed resolution is 14-1022. And under department -- or under Ordinances, 9-A, the proposed ordinance number is 14-1625. And with that I move that we approve the agenda as noted. Milam: Second. Rountree: It's been moved and seconded to approve the agenda. All those in favor signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of September 9, 2014 City Council Workshop Meeting Meridian City Council October 7, 2014 Page 3 of 41 B. Approve Minutes of September 16, 2014 City Council Meeting C. Approve Minutes of September 23, 2014 City Council Meeting D. Simplex Grinnell Agreement for Fire Alarm Purchase, Installation, and Monitoring at the Wastewater Administration Complex E. Approval of Professional Services Agreement for "Qualified Licensed Professional Engineer (QLPE) Plan Check Services" to Keller Associates in the Not -To -Exceed Amount of $50,000.00. F. Agreement for Professional Services with M.D. Willis Inc., for City Meeting Transcription Services G. Master Improvement Agreement between Meridian Development Corporation and City of Meridian H. Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed Approved Budget Amount of $240,000.00. I. Recreational Pathway Easement Between CBC Freddy's Meridian 1, LLC and the City of Meridian sill MeRFM .; K. Approval of Contract Amendment to Extend the Contract for "Poly -Aluminum Chloride" to Kemira Water Solutions in the Not -To -Exceed Amount of $70,000.00 L. Approval of Change Order 1 to Task Order 10055 for "WASTEWATER TREATMENT PLAN (WWTP) UV DISINFECTION SYSTEM EXPANSION — PHASE 2" to CH2M Hill Engineering in the Not -To -Exceed Amount of $222,117.00. M. Final Order for Approval: FP 14-038 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Final Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Area Lot on 4.93 Acres of Land in the R-8 Zoning District Meridian City Council October 7, 2014 Page 4 of 41 N. Final Order for Approval: MFP 14-002 Canterbury Commons No. 1 by Northside Management Located South Side of W. Pine Avenue and East of N. Ten Mile Road Request: Final Plat Modification Amending Plat Notes #18 and #19 to Allow Lot 2, Block 1 to take Access from the Common Driveway Constructed Along the Southern Boundary O. Approval of Award of Bids and Agreements for "WWTP Maintenance Facility Buildings - Construction" to multiple contractors (Bid Packages 7, 8, 9, 14, 15, 16, & 18) per the following schedule for a Not -To -Exceed total amount of $291,345.00. BP7 Cabinetry & Trim: Bledsoe Construction, Inc. $4,054 BP8 Roofing & Skylights: Modern Roofing $138,670 BP9 Doors & Frames: D&A Door & Specialties, Inc. $25,180 BP14 Painting: All Colors Painting $18,832 BP15 Specialties: SBI Contracting, Inc. $10,160 BP16 Window Coverings: Northwest Sales & Distribution $840 BP18 HVAC: Advanced Heating & Cooling $93,609 Rountree: Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I would move we approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Cavener: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Rountree: We have nothing moved from the Consent Agenda. Meridian City Council October 7, 2014 Page 5 of 41 Item 7: Action Items A. Public Hearing to Consider The Conveyance Of Certain City - Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road. B. Purchase And Sale Agreement For The Conveyance Of Certain City -Owned Real Property To ACHD For The Widening Or Meridian Road Adjacent To Settlers Park North Of Ustick Road C. Approval of Permanent Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park D. Approval of Temporary Construction Easement Granted to ACHD Associated with the Widening of Meridian Road Adjacent to Settlers Park Rountree: So, we will go to Item 7, the Action Items. The first item is the public hearing to consider the conveyance of certain city -owned real property to ACHD. Bill, is this your item or -- Nary: Yes, Mr. President, Members of the Council. What's in front of you is a public hearing for conveyance of a certain amount of property to the Ada County Highway District. This is -- the public hearing is required by statute to convey the city's property to any other entity. Since they are a governmental entity we don't need to sell it or auction it as we would in a case of a private transaction and this is consistent with our -- our existing agreement with ACHD in regards to transfers of property or for right of way purposes in relation to their agreement to not charge the city impact fees for other types of city construction that's done. So, this is consistent with the past. It's a public hearing for any public comment before you move forward and the rest of the items that follow, B, C and D are just to help carry out the transaction. Rountree: Okay. Thank you. Any other staff comments? Steve. Siddoway: Thank you, Mr. President, Members of the Council. I would just say briefly that we have reviewed the proposal. We are in favor of what they are proposing. We hate to lose any -- any park, but the road widening is needed. There was some concern raised about whether or not they would be affecting the large oak trees further into the property. I'd like to point out that it won't. They will be affecting about a half a dozen street trees out along Meridian Road, but not the large interior trees. So, with that I will stand for any questions. Rountree: Any questions? Meridian City Council October 7, 2014 Page 6 of 41 Bird: I have none. Rountree: Thank you, Steve. This is a public hearing. Is there anyone out there that wishes to make a comment or provide testimony? Seeing none, I would entertain a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we -- well, I move we close the public hearing on the conveyance of certain city -owned property to ACRD. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on 7-A. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Following Item 7-A we have 7-B, C and D, all requiring action on the part of the Council authorizing to move forward with an ordinance. We do have the ordinance at the end of the agenda. Nary: Yes. Rountree: And we move approval for a permanent easement and approval for a temporary construction easement for the same location. Bird: Mr. President? Rountree: Mr. Bird. Bird: I believe we can do all three of them, can't we, Bill? Nary: Yes. Bird: I move that we approve Item 7-13, C and D, the easements for ACHD on widening the street. Milam: Second. Meridian City Council October 7, 2014 Page 7 of 41 Rountree: It's been moved and seconded to approve 7-13, C and D. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. E. Continued from September 23, 2014: Public Wearing: Proposed Sewer Connection Fee Increase Rountree: Next item is 7-E, continuance from September 23rd on the proposed sewer connection fees. Staff. Barry: Thank you, Mr. President, Members of the Council. On September 23rd we presented a pretty lengthy presentation on the recommendation and the work that went behind that recommendation with regard to raising the sewer assessment fee from -- thank you for that. Actually, I need to go -- that was loaded on the slide I needed. Watters: Sorry, Tom. Barry: That's all right. They didn't want to see this all over again, so -- thank you very much. Watters: Where were you at? Barry: It's on the next steps. Keep going. This is the fast version we are speeding through here. Zaremba: Speed reading. Barry: Right there. Okay. So, we are just here to continue the public hearing, which I appreciate your willingness to do. This was requested of the BCA when we -- in letter form and they had requested this continuance, so that they could put together a -- a response if they so chose to do that. We have not received a response through my office. I'm not aware of a response that's been received. They may be here this evening or a representative of such to make that response, but, essentially, we did recommend and continue to recommend that we institute the sewer assessment fee increase of 676 dollars per connection from the existing amount of 2,749 to 3,425. We also recommend your consideration of making the effective date January 1st, instead of five days after ordinance publishing -- or resolution publishing on -- so, that way we give the developing community an opportunity to -- for ease into the adjustment. So, I don't have anything further at this time, but I will stand for any questions. Rountree: Any questions for Tom? Thank you, Tom. Meridian City Council October 7, 2014 Page 8 of 41 Barry: Great. Thank you. Rountree: This is a continuation of the public hearing on this item. Is there anyone wishing to provide testimony? Seeing none, staff, do you have any further comments? Okay. Thank you. Any discussion or is there a motion to close the public hearing? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we close the public hearing on the proposed sewer connection fee increase. Cavener: Second. Rountree: It's been moved and seconded to close the public hearing on Item 7-E. All those in favor say aye. Opposed same sign? MOTION CARRIED: ALL AYES. F. Resolution No. 14-1021: A Resolution Adopting the Increase to the Sewer Assessment/Connection Fee Rountree: Discussion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: We have had several presentations on this and I believe the public has had the opportunity to weigh in. There have been some good ideas incorporated and some answers given and even the silence from the Building Contractors is a sign of agreement and that being the case I would move that we approve and adopt Resolution 14-1021, a resolution adopting the increase to the sewer assessment and connection fees. Cavener: Second. Rountree: It's been moved and seconded to approve Item 7-F, Resolution 14-2021. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 7, 2014 Page 9 of 41 G. Public Hearing: Proposed Fee Schedule of the Meridian Parks and Recreation Department with Revisions to Include the Disc Golf Fall Classic Rountree: I will open the public hearing on Item 7-G, proposed fee schedule for Meridian Parks and Recreation. Moss: Thank you, Mr. President, Members of the Council. This -- there is only a couple fees that we are proposing. This is for a new event called the Disk Golf Fall Classic. It's really a changing of an event. We used to run the Meridian Golf Scramble in April and the commission has decided to kind of switch it up a little bit and make it more of a unique event, so we are running a disk golf tournament this -- this fall at Kleiner Park, setting up a temporary course and just having a good time. So, the last time we were at Council to adopt our fees -- we usually come three times a year with our -- with our activity guide fees, I just wasn't prepared at that time to set the fees for the event. So, I'm here separately, since the event is coming up this weekend, so we just ask that the fees -- we have set these fees based on costs and, obviously, we are trying to raise money for Meridian's Parks and Recreation programs through this event. So, I will stand for questions. Rountree: Would you -- do you have a slide of the fees or, if not, would you state them for the public. Moss: Sure. Team fee, two players on a team, is 50 dollars to register and as well as five dollars for additional lunches for extra people to come to the park if they would like. We are providing lunches for the participants in that 50 dollars. Rountree: Thank you. Any questions? No? Thank you. Moss: Thank you. Rountree: This is a public hearing. Anyone wish to provide testimony on this item? Seeing none, I would entertain a motion. Cavener: Mr. President? Rountree: Yes, sir. Cavener: Seeing no public testimony and I, for one, am excited about this new event. It's an evolution of great family sports in our community. I would move that we would close the public hearing on the proposed fee schedule of Meridian Parks and Recreation Department, provisions to include Disk Golf Fall Classic. Milam: Second. Meridian City Council October 7, 2014 Page 10 of 41 Rountree: It's been moved and seconded to approve Item 7-G. All those -- or to close the public hearing. Excuse me. All those in favor signify by aye. MOTION CARRIED: ALL AYES. H. Resolution No. 14-1022: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department (With Revisions to Include the Disc Golf Fall Classic); Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Rountree: Item 7-H, Resolution 14-1022. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: I move that we approve proposed Resolution 14-1022, a resolution adopting the fee schedule for the Meridian Parks and Recreation Fall Disk Golf Classic. Milam: Second. Rountree: It's been moved and seconded to approve Resolution 14-1022. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. I. Public Hearing: AP 14-002 Polaris Pre -School at Fairview ' Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition 1.4d) Pertaining to the Parking Lot Design Rountree: Item 7-1 is a pubic hearing on the Polaris Preschool at Fairview Lakes in -- by Fairview Lakes. Sonya, do you have a presentation? Watters: Yes, President Rountree. The first application before you tonight is a request for an appeal of the Commission's decision on Conditional Use Permit 14-010. The site is zoned C -G and it's located at 950 East Fairview Avenue on the north side of East Fairview Avenue midway between Meridian and Locust Grove Roads. A conditional use permit for a preschool center was recently approved for this site that included a development plan for the parking area to the south of the preschool. This is an aerial view of the property. This is the site plan that shows the area where the preschool is Meridian City Council October 7, 2014 Page 11 of 41 going here and, then, this whole portion south of here was shown on that site plan, as you see here. The applicant is requesting an appeal of the Commission's decision in regard to condition of approval number 1.41D, which states: Revise the design of the parking along the main drive aisle leading into the site from East Fairview Avenue to mirror that on the west side of the drive aisle, so that parked vehicles aren't backing out into the main access drive aisle and we are talking about this area right here that has a box on it mirroring this side right here. And also that condition was to include a planter island with a sidewalk along the east side of the main drive aisle for safe pedestrian access to and from the site and via Fairview Avenue. So, there would be -- there is already an existing sidewalk here and, then, it just extends up to these businesses here. The applicant is proposing a compromise in the form of remodeling the existing landscape island on the west side of the drive aisle to include a sidewalk as shown here on the drawing on your right. The sidewalk would provide pedestrian access from Fairview to the shops to the north in exchange for leaving the parking on the east side of the drive aisle as proposed. And I will let the applicant take over from here. Unless the Council has any questions. Rountree: Question for Sonya? Bird: Not at this time. Rountree: Sonya, I have a question. If that were to happen it looks as if some parking would be lost. Is there still sufficient parking to meet the ordinance requirements? Watters: President Rountree, Councilmen, yes. Rountree: Okay. Thank you. Watters: There is excess parking, actually. Rountree: Okay. Thanks. All right. Borton: Mr. President? Rountree: Joe. Borton: Real quick. Sonya, can you summarize the -- the Commission's concern that caused this condition to be included? Watters: It was actually a recommendation from staff and the Commission concurred that folks that are parked here in these stalls, when they are backing out into this main drive aisle, may create an unsafe situation, as well as not having a pedestrian access to these buildings. They come up as far as here, but, then, they would be walking in the drive aisle up to the building. Rountree: Any other questions? Meridian City Council October 7, 2014 Page 12 of 41 Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I have an unrelated question from way back probably. Can you go back to what was displayed before? Thank you. Probably at the point where this property was being annexed and the building on the west end of -- of this row of buildings was being built there was discussion about the breezeway that would be caused when the other two portions are built, which is the walkway highlighted in yellow on the right picture that we are looking at here and that did happen, which is good, but I'm going to ask a question that depends on memory here and that is my understanding was that of the amenities that this whole subdivision was required to put in, something was going to happen pretty close to where this new building is being built and I guess my question is has this development satisfied -- it was agreed that it would be put off, but just about where -- on the west end of where this building is going -- yes. Where the arrow is now there was supposed to be some kind of amenity put there, as I recall, and I guess my question is this: Is this subdivision satisfying its amenities? Watters: President Rountree, Councilmen, Councilman Zaremba, you're correct. There was an amenity required there. The applicant actually did request a modification to that requirement that also recently went through the Commission and they are providing an alternate amenity in its place. So, yes, to answer your question they are following through with that and just to clarify, this building and this building are not constructed yet, so this is still all open, but, yes, it's in the works. Zaremba: Great. Thank you. Rountree: Other questions? Applicant, please. If you would state your name and address for the record, please. Dvorak: Certainly. Tom Dvorak. I'm a partner with Givens Pursley. I'm here on behalf of the applicant. My address would be 601 West Bannock in Boise, Idaho. Members of the City Council, Mr. President, appreciate the opportunity to present the appeal of the applicant today to you. I don't take issue with very much that staff has said, but in the course of the presentation today I think we will demonstrate that the concern of staff is a concern about safety that really is unfounded and threatens the potential viability of this -- of this project and, actually, increases the threat to safety on this. But I want to give you a little background about the project in general. Fairview Lakes development is -- started out with a 26 acre project and, obviously, the Council is familiar from having gone here before with the prior applications in 2002. Doug Tamura has been one of the driving forces. He's a local architect. He has been working on the Fairview Lakes project for the entire 12 years. In fact, the first application of this was brought in 2002. The Polaris Preschool that he is excited about getting this space and, in fact, Doug tells me that he's gone through a couple of fits and starts on different applications for this space in the past, but through the economy and so forth hasn't been able to get one Meridian City Council October 7, 2014 Page 13 of 41 through. But the Polaris Preschool is actually a vision of an educator Sonny Kim and it's a really unique idea. It's going to be for children from six months to five years. It's not going to exceed 140 children, but Doug has worked closely with Ms. Kim in terms of designing classrooms for the kids and other aspects that are going to make this a first class facility, including, Councilman Zaremba, the amenity that you were discussing, which is actually going to be a seating area outside the front of the school. So, it's going to be a nice amenity for both the kids and the parents and the school itself is going to be a nice amenity for the kids and parents who are concerned about education, as I think most people are in Meridian. You know, that has a direct correlation to property values in terms of the money you spend on education and this is a facility that's going to give everybody a good head start on that. Now, the appeal -- we have talked about that. It's really specifically of condition 1D4 and let's put that up here just for reference for a minute, if I could. Get control of this over. Basically, staff is asking to revise the parking along the main drive aisle leading to the site from Fairview Avenue to mirror that on the west side of the drive aisle, so that parked vehicles aren't backing out onto the main drive aisle. To include a planter island with a sidewalk along the east side of the main drive aisle for safe pedestrian access to and from Fairview Avenue. You have seen the revised plan that has been put in for the pedestrian path. Throughout the course of the day -- and we will present some analysis that's been done by a traffic engineer John Kittelson to talk about how a drive aisle in this particular location -- while drive aisles may work well in other locations, such as larger parking lots, it doesn't particularly work well at this smaller parking lot location and does demand the loss of a significant, relatively speaking, amount of parking spaces and it's, basically, again, losing parking for no appreciable gain or benefit to safety here is our point and it threatens the viability of the project. For instance, this type of drive aisle has not even been required on much larger parking lots and I'm going to show on the presentation now a Lowe's, for instance; that's located on Overland Road. If you look at this Lowe's you can see that's a much larger parking lot. If you count the spaces in there we are not just talking about eight or so spaces across, we are talking about a much larger parking lot with no consideration given to a drive aisle. But certainly that was something that was approved -- approved in the past. Another example would be Albertsons on Cherry Lane. Again, the character of the area behind is residential, much like this, but you're looking at a much larger parking lot and there is no drive aisles in that area either. So, that would be one point, that this is sort of an arbitrary condition that has come up just from -- from staff on this that really hasn't been applied that tightly in the past. Another point that I'd like to make in addition to not being required in other projects, this project has been going on for some time and prior applications have been submitted from the very beginning of this project that showed an open area there and I think the applicant can say that they fairly relied on that in terms of doing their work and considering parking. In fact, let me put this up here. I will show you one that was submitted in 2003 and one that was submitted in 2007 here. So, here we have one that was submitted in 2003 and it was part of an application that was approved and, again, you're looking at this area here and it's showing the drive aisle coming in and, then, opening up right at this point here, you know, so the traffic may be dispersed and I think it's also notable, using this as an example here, that we are not talking about the Lowe's type parking lot or the big Albertson's type parking lot that we viewed on those other overheads just a Meridian City Council October 7, 2014 Page 14 of 41 minute ago. We are talking a very small parking lot and a very tight area in here and while I have that up and before I move to the next slide where this kind of thing was approved, the use of the school -- and think about this. This is a preschool, so we have children ages two months to three -- to basically five years coming in here. Their parents are not going to drive them up to the curb. These are the kind of children that you park your car and you escort them up to the curb and what -- where does this drive aisle lead to that staff wants? If we put this drive aisle in here it leads right up to the front where the school is and so it, basically, serves in some respects -- and you will hear a little more about this from our traffic engineer who will be talking for a little bit. It funnels the traffic right to where children -- where parents with small children are going to be trying to escort their children into school, rather than having them get to the point right here where they come in and they can disperse throughout the parking lot and not have to be guided right to where the pedestrian traffic is going to be. And I will show this to you and this is -- this is one that was approved actually in 2007 when the Smokey Mountain Pizza went in and that's actually where this -- this berm came from at that time. It was part -- it was one of the changes I believe that was requested by staff in connection with that conditional use permit for Smokey Mountain Pizza -- to put it right behind Smokey Mountain Pizza. But even at that time, even when the other anticipated parking lot to be built in the future on the other side of this lane -- of this parking lot that was shown there, there wasn't any mirror berm required to be put in. So, I think the applicant can fairly say they have had some reliance based on past decisions of the Council that there wasn't going to be anything required there and that -- that is -- and what I'd like to do is show a picture here to really orient the court of what you're looking at. Or the Council. So, that's the drive aisle. That's what you see when you come in here and, obviously, it hasn't been built -- hasn't been built out to the right side there yet. But you're looking at a fairly small area. It's not a large area where you're, you know, going from one section of the Lowe's parking lot to another. You reach this point and you're effectively in the parking lot. And as I said, we have had John Ringert of Kittelson Traffic Engineering, an outfit that does work for Costco and other large entities and I think this Council is familiar with -- we had asked him to apply his expertise and do some analysis of this and he has a report that he will be presenting to the Council here in a minute, but I think it's pretty clear that he thinks now having the drive aisle created by having berms on both sides of this is, in fact, the beneficial way to go here and superior to what staff is proposing and in some respects -- in a lot of respects it's safer than what staff is proposing. Once Mr. Ringert is done with his -- his proposal I would like a minute or two to offer a conclusion to you and, then, I would rest on behalf of the applicant. Thank you. Ringert: Thank you. My name is John Ringert. I am a principal engineer with Kittelson and Associates, 101 South Capital Boulevard, Suite 301, Boise, Idaho. 83702. 1 was asked last week to go through -- by Doug Tamura to look at the site plan. He's gone through -- it sounds like a lot -- a lot of iterations on this looking at how to -- kind of how to accomplish things and, really, what -- what it really boils down to is -- as was just discussed by Tom Dvorak, is whether it's better or not to have that parking on the aisle or not. So, what you see here is kind of just -- our schematic comparison of the two situations. Let's see. How do I forward this? Meridian City Council October 7, 2014 Page 15 of 41 Watters: There should be an arrow there. Ringert: So, what I want to do is go through what we look at. You know, when we are looking at these sites -- and we do this -- we do this pretty much every day. You know, when -- when do you look at where parking might be applicable. The first thing we look at is -- number one, is there a need to accommodate through traffic on. A lot of our size there is -- there is a roadway that connects back. There is another large piece of development. That's further -- in this case to the north. Everything from a public street to just a lot of development that requires through traffic. If there is through traffic you do deal with those conflicts. You know, in this case there is really not -- there is really not a need to have any through traffic, because there is no connection there. There is a pedestrian connection, but that's really not applicable when we are looking at the traffic. The second thing is is does all the traffic have to funnel in and out of this section of the -- of the access aisle. You know, do we have a site that -- there is some of these that they just -- if we have to funnel all the traffic in and out we need to make it as efficient as possible. You know, in this case, actually, a very good circulation pattern. One, we have the half mile signal at North Lake Place. That's really going to be your primary access for your left turns in and out. If anyone here has spent much time taking -- westbound on Fairview Avenue during the peak hours, it can be a bit challenging at times. So, really we want to have people use North Lake Place. So, really, the main access here is pretty much a secondary access. So, really, we don't have to have all the traffic going through this. And, then, we don't have any major land uses that require this circulation pattern. We don't have some high generation drop off area that really is going to generate hundreds of vehicles that have to go up and down this, that would create a similar situation to a through street. Now, as Tom mentioned, there is the -- there is the school. But, really, when you look at this school it's really going to function just similar -- or we want it to function similar to the rest of the shopping in here. We want people to pull up, park their vehicle, they are going to walk their kids in -- we are talking one, two, three, four year olds -- I have a few of them. Or had a few of them. They have now grown a little bit. I don't -- I don't drop them off in a parking lot when I go across. Anyway, even if you had a circulation pattern where you had to drop off here, you sure wouldn't want to be dropping them off on the right-hand side of the car and, then, have them cross in front of cars. So, you would actually want them to loop around, so that the passenger door was against some drop off area. In any case, you know, there is really not a use here that really has to have that connection. That said, there are some benefits to actually doing this and this is -- this is always kind of hard to describe as traffic engineers, because we are viewed as arguing both ways and things, but sometimes the same -- one thing is good in some situations and not necessarily good in other situations. So, the first thing is what we actually want to encourage is vehicles in this kind of a parking lot design to come in, go right or left, and filter evenly into our parking lot. That's the most efficient way for them to get in and it's the safest way. We don't want them -- we don't want them from driving right in front of the store fronts. One, by getting them in front of the store fronts it's in efficient, you're conflicting with the movement. You're also increasing your speed in that -- on that main drive aisle. You know, we don't want people coming in off of Fairview Avenue, turning that Meridian City Council October 7, 2014 Page 16 of 41 corner at 15, 20 miles an hour and speeding up to go, you know, right to the front door. We want them to see that visual cue of, oh, gee, now I'm in a parking lot. It's got a nice throat here that gets them in, gets them in cleanly, gets them in without any congestion that's going to spill out onto Fairview, now we want them to realize they are in a parking lot. And as I mentioned here, what we don't want is the added conflicts with the pedestrians. We want to keep those -- keep those away from the pedestrians. Some site plans are forced to do this. They are forced to make sure -- they are forced to make sure you don't force a lot of people go in front of the store, as I previously mentioned, or just very large sites. Finally, I want you to think about this. Think about Main Street. This is exactly the situation we have run into with main streets. Why do we allow parking on main streets? Why do we allow narrowing of lanes? If you look on Meridian's Main Street you're allowing all that friction to occur because it slows people down. If they want to go fast, if they want to go through, they are going to choose Meridian Road. If they want to go through downtown they are going to choose Main Street. It's really the same situation, just on a smaller scale within a site. Rountree: John, can I get you to summarize. Your time is up, so -- Ringert: Yeah. And that's all, actually. Rountree: Are there any questions? Bird: I have none. Rountree: I have a couple of -- Luke, did you have one? Cavener: No. I'm good for now. Rountree: Okay. You know, that's all well and good for the particular type that's being proposed, but, for instance, if the school doesn't make it and there is another retail establishment that would go into that floor space, does it lend itself to the same explanation that you just made? Ringert: Councilman Rountree, yes -- well, yes, for anything I can imagine that would go into this type of a center. I mean this is definitely a specialty retail type of square footage, that's going to attract, in my estimation, similar stores that are already there. Uses where people are going to park and walk into the stores. So, assuming they were using that building, that would be my -- my assumption, but, you know, I would assume that if something substantially changed it would probably come back in front of this commission -- or the Planning Commission. Rountree: Given human nature, in particular the population we are dealing with today, where they really don't want to walk any distance at all, anybody going into this particular parking lot once will realize there is parking in front of the stores and it seems to me that the first thing they are going to do is not do what you want them to do, but that's to drive to the front of the stores and see if there is a parking spot and if there is Meridian City Council October 7, 2014 Page 17 of 41 not a parking spot, then, they are going to try to drive around in there somewhere to find the closest one. So, I understand the engineering and thought, especially in the traffic, but I got to tell you I don't think people are going to think about that when they know there is parking places up front. Ringert: Councilman Rountree, your point is what we are trying to discourage. So, your -- I would agree that people are going to want to go up there, so what we are trying to do is say -- give that visual cue that, no, we are not encouraging all of you to go up there. But, yes, you're not going to stop the inevitable person that wants to get a front door -- wants to get to the front door. Does that answer your question? Rountree: Further questions? Bird: I have none. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Maybe a question for police and fire. Would their -- you know, their opinion is on -- we are trying to get an emergency vehicle from one part of the parking lot to -- to another, there is a call of maybe a preschooler locked in a car on a hot summer day and how our access to you guys are going to be impeded by something like that? Don't mean to put you guys on the spot, I was just curious. Niemeyer: Yeah. John just reminded me we have the big rig. Mr. President, Members of the Council, similar parking lots create a problem for us, somewhat regardless of the layout. But when we do have main drives that we anticipate being able to get down and you have folks that are possibly backing up into that, it does create more of a problem for us. When we have a clear entry and drive lane it does create an easier access for us to get down through. That being said, people are somewhat unpredictable, regardless of what the configuration is. Rountree: Other questions? Borton: Mr. President? Rountree: Mr. Borton, Borton: Doug, is it -- on this slide it seems as though the friction and delays of -- created by people being able to back out into the red stripe is one of the tools utilized to discourage people from going straight through to the front; is that correct? Ringert: Yes, Councilman Borton. Just -- like I said, just like parking on Main Street. You're probably not going to go as fast down Main Street as you can on another arterial. Meridian City Council October 7, 2014 Page 18 of 41 Borton: Would you -- would it be fair to say that a trade off of the friction and delay and the impact that you have talked about is an increase and concern for safety? I mean you're, in fact, putting -- encouraging vehicles, quite frankly, to -- to back into traffic to discourage them to flow straight through. Wouldn't that have at least some impact on safety? Ringert: Safety comes in many -- speed is probably the number one thing that affects what we call crashes, turning them from severe to nonsevere. So, it's hard to say one thing is safer than another, because it's -- it's relative to what your definition is. Are you trying to keep conflicts from happening or are you trying to keep people from -- you know, trying to lessen severity. And as you make the drive aisle go straight you're going to increase speed, so, then, they are going to come to the T intersection. Do you want -- want more traffic coming there and them approaching at a higher speed with a design -- that would be that -- that would be one result. If you -- you know, if you make it so there is no friction -- if you have friction you're creating -- you're creating conflicts -- observable probably smaller conflicts that you're narrowing. So, you're adding the friction to keep the speeds down and to lower the traffic at the main conflict point. So, it's kind of a trade off. So -- you know. So, in our case, you know, we look at these, we view it as is there a reason I need that to happen. Is there a reason I need one way or the other to due to traffic circulation. Here it -- optimally we want to disperse the traffic. So, what's the best way to give that visual cue when a car enters that you're -- you're not on a public street. I don't know if that fully answers our question, but, you know, safety is a pretty -- a pretty general thing to try to describe. Borton: Mr. President? One follow up and tell me if this is a correct summary of it. The argument seems to be a trade off in that the north -south red line we are going to make a situation less safe in order perhaps to gain more safety on that east -west red line, the theory being that people will disperse, because the north -south red line is relatively more fraught with delay and friction, that people will be inclined to turn east and west sooner, so we are going to have it less safe in one area to create more safety elsewhere? Am I -- that's kind of what I'm hearing you say. Like there is some sort of net safety analysis for you to say is it worth -- is it worth the trade off. Ringert: President, Councilman Borton, kind of, but not -- I mean, really, you're about -- your second to the last point is the best say is to get people into that parking field before they go in front of the businesses and to keep them slow. Once they get through -- once they get past Smokey Mountain Pizza we want them slow. We want them going ten miles an hour. Having the friction helps us there and it should decrease volumes in front of the stores and potentially decrease the conflict with pedestrians, which can be related to safety. But where you're at -- saying we are decreasing safety in one spot -- it's hard to say, because, like I said, it's lower speeds. When you walk across Main Street do you feel less safe walking across Main Street or less safe walking across Meridian Road? Because those are -- those are two different of designs. You know, it might be -- it's hard -- you know, it is a challenge to compare the two. But generally our opinion is in this case not having to accommodate high speed traffic volumes in a small center -- it's not 400,000 square feet somewhere at a major intersection. You will have Meridian City Council October 7, 2014 Page 19 of 41 a benefit here. It is beneficial to have that friction to give that visual cue when people come in that would -- you know, now it's time to turn, now you're entering a parking lot, and that's how a lot of shopping centers are laid out, unless they -- they need that big through aisle. Rountree: Further questions? Bird: I have none. Rountree: John, did you -- Overton: Council President, Councilman Borton, can I address what you just mentioned? I love looking at simulations and all these colors, but in the real world law enforcement deals with what people do and although you have got this great blue line and, then, you have that got red line, it's been our experience in law enforcement that people take the path of least resistance. Unless you make that a T intersection they are going to use that as a drive aisle. It's just going to happen. No matter what your simulation is or your blue arrows, that's going to be a drive aisle, because that's where they are coming off Fairview. I think unless you make it a T, instead of a drive aisle and treat it as such, to be safe, because that's going to be the assumption. Rountree: Other comments? Other questions? Bird: I have none. Rountree: Any follow up, John? Ringert: I don't think -- that was more of a statement to them; right? Or was that a question to me? Just to make sure. Overton: Council President, Mr. Borton, it was more to address what Councilman Borton was saying about the safety. When we look at how the people approach and the problems we deal with in parking lots and the accidents that we go to, it's real easy for us to see how we could prevent them and how they can be minimized. We can want all we want where we want them to go, but the problem is we are dealing with human beings and they are going to choose the path of least resistance and they are going to come off that road on Fairview and they are going to go straight to the front, because they are going to want the closest parking spot. And that's maybe not what we want them to do, but that's what they are going to do and if we allow it to go the way that it's been proposed with on the recommendation you're making and they back up in that drive aisle, you're still increasing -- you're decreasing the amount of safety from how it was planned and what planning is trying to say and increasing, I believe, from what we see the danger. I think if you want it to be just a parking area and you want them to use those blue lines, I think the answer would be to make that a T, so that they are forced to go left or right and, then, ascend through the parking lot. Meridian City Council October 7, 2014 Page 20 of 41 Ringert: President Rountree, I guess I will just respond by just with what some sites do. Honestly, it's gotten to the point with some of these central drive aisles that we have a lot of clients, fairly large retailers, that actually put -- actually force a right and a left in for that reason. So, I won't -- I don't necessarily -- I guess how I view it is I don't think my -- my testimony is necessarily contradicting yours, it is -- contrary to the police, it's -- would like to slow people down before they come to the very end, because they are going to enter, they are going to come down there and if they are still really -- you're going to have such a -- such a nice, smooth entrance in there, you know, they could be going 20, 25 by the time they hit the building and that's what we don't want to have. So, we are trying to slow people down. Like I said, you know, you could say the same thing about Main Street in downtown. The parking maneuvers probably cause us some more fender benders here and there, but overall is it better or worse? Generally the speeds get slower, so -- anymore? Rountree: Any other questions? Thanks, John. Borton: Mr. President? Rountree: Oh. Joe. Borton: John, I called you Doug. I apologize. Ringert: That's fine. Borton: I'm studying your paperwork. So, I apologize for that. Ringert: Is that all? Borton: Sorry. Ringert: Okay. Thank you. Rountree: This is a public hearing. Is there any public comment on this particular item? Seeing none, I would ask the applicant to wrap it up. Tamura: Councilman Rountree, Members of the Council, my name is Doug Tamura. I'm the owner and developer of Fairview Lakes. But after listening to the testimony what I'd like to do is maybe table our appeal and, then, what we would like to do is come back with a redesigned parking lot. You know, the main reason that we are here appealing that condition was -- is that parking is -- or the amount of parking is real critical to us, but at the same time I can understand what police and fire are talking about and I think that we can accommodate that kind of T intersection, slow down our traffic, and still keep the number of spaces that we need. So, instead of acting on this appeal, what I would like to do is just resubmit another parking lot design that we could go ahead and address. Rountree: Council? Meridian City Council October 7, 2014 Page 21 of 41 Bird: Mr. President? Rountree: Mr. Bird. Bird: Doug, I think that's a very good idea, because you get -- you're going to get about 90 percent of the west drivers on Fairview turning in there to your development and if we don't do something there, like a T or something, that is going to be Meridian Road, instead of Main Street. Tamura: The thing that I could see when the -- when they were talking about the police and the drive through, I think if I back up parking to where we are going to put that pedestrian corridor, you know, make that double loaded, rather than -- it automatically places a T where they have got to make a motion. It will force the cross. So, I think that's an easy change for us. Hopefully it will keep the amount of parking that we are hoping to save and so let me just kind of -- you know, by process would I need to come back to Council or is that something I could work out with staff or what's your thoughts there? Rountree: I think you would have to bring -- we can keep this open and that way you can just bring it back, so there is no additional filing or whatever. We can continue this for -- for your remodel. Tamura: Yeah. It won't take us very long to revise the site plan and, then, we will resubmit to you. Rountree: What kind of time are you talking about? A week? Two weeks? Tamura: Yeah. Just -- when is your next Council hearing? Rountree: That would be next Tuesday -- Tamura: Just another question would be the notice of hearing, though. Rountree: If we continue it it's -- Tamura: Oh. So, let's do that, then. Rountree: Yeah. We won't have to do anything. Tamura: Okay, Nary: It's your workshop, Mr. President. Rountree: 21st. The next one is our workshop, which is in the afternoon, so it would be the 21 st. That's two weeks. Meridian City Council October 7, 2014 Page 22 of 41 Tamura: No. That will work for us. Rountree: Okay. Tamura: All right. Appreciate it. Thank you. Rountree: Thank you for your time. Council, you have heard the request of the applicant. Do I have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue the public hearing for AP 14-002 to October 21st, 2014. Milam: Second. Rountree: It's been moved and seconded to continue the public hearing on Item 7-I. All those in favor signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. J. Public Hearing: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision K. Public Hearing: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts L. Public Hearing: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District M. Public Hearing: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) Meridian City Council October 7, 2014 Page 23 of 41 A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-213-4 in the Proposed C -C Zoning District Rountree: Next item is 7-J, a public hearing MDA 14-004 and 7-K, 7-L and 7-M and will open all of those public hearings. Staff? Oh, a new Sonya, huh? Parsons: A new Sonya. Council President, Members of the Council, the last hearing item on this evening is the Kinsley Subdivision. This property is currently zoned L -O and R-15 within the city limits. It was annexed in in 2000 and the project at that time was called Valerie Heights and at the time that the applicant came forward they did bring forth a concept plan that showed office and multi -family. That property was since sold in 2004 and came back before you as a planned unit development known as Somersby Subdivision and it included, again, a multi -family portion, a single family portion surrounding the multi -family and, then, the concept plan that was approved for this development showed eight office buildings that fronted on Ten Mile and some additional eight-plexes adjacent to the four-plexes, so it's more of a transition. When this project was approved in 2004 1 would make mention to Council that all the internal streets within this development were approved as private streets and as such over time this property went back to the bank and what's happened -- what's fallen through the crack is there was never a reciprocal cross -access agreement in place for the commercial portion to have access to -- or the right to use those private streets and so staff -- or the applicant has continued this project for quite some time before it even got to the Planning and Zoning Commission to try to iron out those issues before you this evening. So, applicant is here tonight to, basically, ask for your approval of a rezone from the L -O and the R-15 zoning district to the community C -C business district. They have applied for a combined preliminary plat/final plat to create three commercial lots, one to house a future bank branch, D.L. Evans Bank, and, then, the two other pad sites are retail. They are speculative at this time, but the concept plan does show what it could look like at ultimate build out. The additional application is for a conditional use permit for the drive-thru for the bank. The concept plan this evening does show a secondary drive-thru, but no way -- or the CU that's before is only for the one drive-thru use. If any other future drive-thru uses are planned for this site they will have to go back before the Planning and Zoning Commission for that secondary -- or second drive- thru use. The other -- or the other CU is for extended hours of operation on this site. Currently in the UDC whenever you have commercial property up against residential property you're limited between the hours of 6:00 a.m. and 11:00 p.m., but through the conditional use process the applicant -- the applicant can request extended hours of operation and so in this particular case they are requesting that this site operate with hours of 5:00 -- from the hours of 5:00 a.m. to 12:00 p.m., seven days a week, and that's pretty consistent to what Steve Eddy got across the street and also the bank site on the southeast corner of Pine and Ten Mile. So, here are the three commercial plats. The land -- the dimensional standards are pretty minimal for this subdivision. The only requirement for landscaping would be along Pine and Ten Mile and that would be in the form of a 25 foot wide landscape buffer. The landscape plan that I will present to you a little later on in the presentation does comply with the requirement of the UDC. The Meridian City Council October 7, 2014 Page 24 of 41 applicant is asking for a Council waiver for a right -in, right -out only access to Pine Avenue, consistent with, again, the development on the southeast corner. That intersection is -- has a center median, so it is actually restricted at this point. The original vision for this property was to have all the internal access from those private streets as I mentioned to you on my history portion of the presentation, but given the fact that the drive-thru use for this site will be on that corner, staff didn't feel it would be appropriate to funnel the cars using the bank drive-thru through the multi -family portion of the development. So, staff is supportive and Commission was supportive of the right - in, right -out access to Pine Avenue, given the fact that it already has a center median and I'd also mention to Council that ACHD has also recommended support of that access point as well. What the applicant has been doing since the Planning -- or before we got to the Commission hearing, as I mentioned to you, is working with the adjacent HOA to get a secondary access connection to that driveway. Originally their concept plan did show an access point to Ten Mile Road in which staff and, of course, our emergency services did not support and so kudos to the applicant to go out there, continue this application and work with the adjacent property owners in order to get some minimal access for the site to function. I think if you look at the overall concept of this development, it was always envisioned as a mixed use development.. So, at least having some vehicular connectivity with it makes a lot of sense. But, more importantly, there is also going to be some pedestrian connectivity that you see here along the east boundary of the site. So, we are seeing this project come into place. The one other item that -- if you will recall when this development came through and the L -O zoning was in place, the Council wasn't very favorable in having a drive-thru use on this site and so through that development -- the current development agreement does restrict drive-thru uses from developing on this site. So, that is one provision that we are asking. So, in our recommendation for you this evening on part of the DA modification is we are going to, basically, eliminate the previous two DAs that govern this site and have the applicant enter into a new DA. So, here is the landscape plan that I did mention to you. Again, there is the 25 foot wide landscape buffers and, then, typically you would have a 25 foot buffer adjacent to any residential uses. But in this particular case that existing private street acts as a local street, so, therefore, the only landscape buffer that we are looking for as part of this development would be a ten foot landscape buffer and that's -- the applicant is showing one lighter along the north boundary and, then, along the east boundary of this site will be the ten foot minimum landscape buffer and, then, we also have a five foot sidewalk and additional parking for the multi -family development. So, in staff's opinion they are meeting the ordinance. They do have adequate separation between the residential uses and the proposed commercial use. Here are the elevations that are proposed for the bank site. The applicant did get some other conceptual elevations. But from our standpoint we want to make sure that the bank site constructed on this site is consistent with the surrounding developments. I'm happy to report that staff feels that these do comply with the design standards in the UDC. And so moving forward as they go through the CZC and the design review process they will have to comply with these elevations. The two other commercial pad sites will be subject to, again, CZC and design review to comply with our standards in the UDC as well. So, we do have a provision in the DA that speaks to it as well. So, here are the modifications that staff -- or the new DA provisions that staff are Meridian City Council October 7, 2014 Page 25 of 41 recommending. Certainly we want to tie them to a concept plan, a landscape plan, and their elevations for the bank site. As I mentioned to you, the future pad sites will have to comply with our ordinance, which is pretty typical for commercial developments these days. Because we don't have a clear concept or we had a concept plan, we don't have any end users for the two additional commercial lots, staff has -- is recommending that we do restrict certain uses from developing on this site. We want to make sure that this is neighborhood commercial for this development and we don't want anything that is going to be too obtrusive on the adjacent residential. So, what we are recommending to restrict on this site would be an animal care facility, a dispatch center for mobile services, so it would be similar to Molly Maids or that type of use that would have a lot of fleet vehicles stored on the site. Drinking establishments. Minor vehicle repair. Equipment rental sales and service and cell towers. And, then, also vehicle sales and rental. Again, as I mentioned to you, the second -- the second driving establishment is not approved with this conditional use permit or this application and so if the applicant is proposing that in the future they would have to go back through the public hearing process. And, then, of course, like anything over time, ordinances change and we want to make sure that any new development that comes in would be compliant with the current standards in effect at the time. So, during the September 4th hearing Planning and Zoning Commission did recommend approval to you without any modification to the staff report. Staff did receive written testimony from the applicant and they were, again, in concurrence with all the conditions of approval in the staff report. Jason Densmer did testify in favor of the application and the only outstanding issue before you this evening would be that right -in, right -out access and it's not really an outstanding issue, we just wanted to bring to your attention that the applicant is seeking a waiver for that connectivity to Pine Avenue. And, then, lastly, the applicant is here tonight to ask for your approval as well, but they -- she also submitted written testimony in agreement with the Commission recs. To staff's knowledge there aren't any additional outstanding issues for you this evening and I would be happy to stand for any questions you have. Rountree: Questions for Bill? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Thank you. Bill, I do have one question. I got lost when you were describing the portion about changing the hours. I'm assuming that D.L. Evans Bank doesn't need to operate from 5:00 o'clock in the morning until 11:00 at night or whatever -- whatever it was you said. So, is that time applying only to that building or is it applying to the as yet unspecified buildings that we don't know what the uses are? Parsons: President Rountree, Members of the Council, Councilman Zaremba, the Commissioner has put it on the entire site. It's not broke out lot by lot. But certainly you can modify that if that's your intention. When we met with the applicant it was their desire to have maybe a coffee shop, anticipating that they do operate a little bit earlier in the morning to get the rush hour crowd. But at this point staff felt the hours wouldn't be Meridian City Council October 7, 2014 Page 26 of 41 too intrusive on the adjacent residences. It's pretty consistent with what we did across the street. So, we felt comfortable with just giving them that blanket hours of operation, but it's certainly within your purview to modify that if you want. That's strictly to Lot 2 and 3, and let the bank operate under the L -O hours or 6:00 a.m. to 11:00 p.m. hours. It's at your discretion. Rountree: Any questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: One question real quick. Did I hear you right that a -- the single drive-thru is approved as a lot -- or Lot 1, but two and three, if there were to be one in the future, that would come back for Council approval? Parsons: Council President, Councilman Borton, it wouldn't come back to Council, it would go back to P&Z, Planning and Zoning Commission. Borton: All right. Rountree: Other questions? Bird: I have none. Thompson: Good evening, Mr. President, Members of Council. My name is Tamara Thompson. I'm with The Land Group. 462 East Shore Drive in Eagle. I'm here tonight representing this project at Pine and Ten Mile. I also have with me a representative from D.L. Evans if you have any questions regarding that operation. We have read and agree with the staff report and I won't go through a whole lot of it, because Bill does such a good job of walk you through all the history and everything. So, we are in agreement with the conditions and findings in the staff report. A few items that you have brought up already. The cross -access for the roadway over to the north is what it would be on Acarrera. That one we have worked closely with the Somersby homeowners association and we have a draft agreement that verbally we have all agreed to and they just have to meet a quorum in order to sign that. We have had a couple of meetings so far and they haven't met their quorum requirements, so now they are just down to where they only have to -- you know, they have to have a certain number of meetings and now they only have to have the board members. So, it looks like we should have that signed shortly and it's a condition before the final plat can record. So, it looks like we are almost there. That one is more appropriate as far as the access is concerned, because we can get in and out of that access without going through the multi -family. The other one isn't like that and -- I'm sorry. This exhibit doesn't show it all the way, but the access onto Pine, you would have to go through their roundabout, through kind of a little courtyard area that they have and it's just not appropriate to pull commercial traffic into that residential area. I think those are the Meridian City Council October 7, 2014 Page 27 of 41 things. I guess the only other item was the extended hours of operation. We are asking for that for the entire site, not just for -- to ask for that for the entire site, not just for the bank, and it is consistent with the other conditional uses in the area. The Fast Eddy's on the southeast corner has those hours and the bank property on the southwest corner has that extended hours. So, it is consistent with two other corners. And with that I will stand for questions. Rountree: Any questions? I have a comment and a question. First off, I'm really pleased that something is going to happen with that location. That particular location has been and continues to be an eye sore and a public nuisance. My question is as you develop the site are you going to remediate the unsightliness -- the mounds of dirt, the trash, and whatnot that's been deposited on that particular site for a number of years? Thompson: Councilman Rountree -- or President Rountree, with development that will -- that will go away, but are you saying the first phase just kind of level everything out? would think that that would be -- whoever goes first would want a nice, clean site there. And it will need access over to the north. Rountree: I saw a head shake from the bank representative back there. So, I'm assuming that's going to happen, but I ask her as well. That's the only question I have. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I have a question on your engineering for it and just to make sure that it's been covered, there is a significant waterway -- and it may be Ten Mile Drain or -- I'm not sure what it's called -- that cuts off -- it's buried in a pipe now, but it cuts off a triangle corner of it and it appears to me that it may go pretty close to the basement of the bank building and I just want to make sure that your engineers were aware that there is something under there and I'm thinking about the foundation for the building. Has that all been taken into consideration and you know that you're not cutting into the pipe? Thompson: Yes. President -- or President Rountree, Councilman Zaremba, the engineers are very aware of that and have been working on that and we have all the structures out of -- of that easement. Zaremba: Okay. Thank you. Rountree: No further questions? Okay. Thank you. This is a public hearing. Anyone wishing to provide testimony? Seeing none, Tamara, do you have any closing thoughts? And I have the question for the bank representative. Meridian City Council October 7, 2014 Page 28 of 41 Aguilar: President Rountree, Members of the Council, I'm Jessica Aguilar, corporate real estate manager for D.L. Evans Bank, 213 North 9th Street, Boise, Idaho. Yes, sir, what questions can I answer for you? Rountree: And the question related to the site remediation I guess is the right word for the materials, the mounds of dirt, the weeds, and whatnot that remain on the parcel that D.L. Evans is going to initially development. Aguilar: What we can do and what I can agree to is we will do some clean up sooner rather than later. We have been in conversation with a contractor that constructed some garages adjacent to our property and, unfortunately, they left behind quite a bit of debris and we are trying to have a positive conversation to get them to remove that and we will see if we can get some action sooner, rather than later. Rountree: That would be very helpful. Thank you. Aguilar: You're welcome. Rountree: Seeing no further comments and no follow up on the part of the applicant -- what's the Council's pleasure? Borton: Mr. President? Rountree: Mr. Borton. Borton: Unless there is comments or questions, I would move that we close the public hearing on Item J, MDA 14-004; K, RZ 14-003; L, R -- excuse me -- PFP 14-001 and, M, CUP 14-002. Bird: Second. Rountree: It's been moved and seconded to close the public hearings on Items J, K, L, M. All those in favor of the motion? Opposed? MOTION CARRIED: ALL AYES. Rountree: All right. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: If we are ready for discussion I would add a few comments. I, too, am gratified that something is happening on this property. I drive by that area regularly. As for the bank building that's being proposed, when you consider a drive-thru that's somewhat near residential, you look at this layout and realize that the speakers are not Meridian City Council October 7, 2014 Page 29 of 41 pointed towards the closest residences, so any sound that would carry away from the speakers is not likely to be harmful to the nearby residences. It looks like the circulation pattern is good. I do agree with the right -in, right -out access to Pine. The only hesitation I have is giving away the extended hours when we don't know what's going to go on the rest of it and I agree we do -- we knew what Steve Eddy's gas station was going to be and allowed them extended hours. We -- we know what's going on that southeast corner and have allowed extended hours there. I'm not so worried about the bank, but not having any idea what the other two buildings are likely to be, I fall back to a similar thing -- the Walgreens that's not very far from this on the corner of Cherry Lane and Ten Mile, we denied them extra hours until the second building is to be built to buffer them from the residential and I think about the property just east of the Albertson's where we gave some pretty open approvals not knowing what was going to go there and most of us feel burned by having a McDonald's there, when we specifically mentioned McDonald's was something that shouldn't be there that close to residential, but we gave approvals that were a little too flexibly interpreted and ended up with something we didn't go. I -- I would rather reserve the discussion about extended hours to be had at the time that there is a discussion about a second drive-thru and some more definition of what the second and third buildings are going to be. That's a personal opinion. Otherwise, I think the rest of the project is good. Rountree: Further discussion? Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: It may be more of just a comment for the applicant. I really appreciate their willingness to be good partners, but the neighbors that are going to be impacted by this project and it seems like they have worked diligently to build a strong relationship with the residents. I don't have any outlying issues with the project, although I do agree with Councilman Zaremba and I think that as you continue to show strong partnership with those neighbors that this is just furthering that partnership in saying we are not going to make a decision on extended hours on those properties until we really know what they are. Bird: Mr. President? Rountree: Mr. Bird, Bird: I believe the extended hours or the -- the more congestion, noise, whatever, you want to call it, from the 5:00 to 12:00 hours for that -- the apartments out there, probably is seen more from Fast Eddy's and also from the southeast corner than this is going to be, because they got garages and stuff that backs up and blocks a lot of this. I have no problem with the hours. I think it's -- you have got it on the corner across. It isn't affecting anything. We have got residential going to the east of that project. In fact, we have got residential sitting right up next to -- to Fast Eddy's deal and to my knowledge Meridian City Council October 7, 2014 Page 30 of 41 we have never had one complaint on the hours. So, I -- I think that this is a great project. I'm happy to see that corner finally getting something done with it. I have no problem with the hours at all. Rountree: Any other discussion? Do I have some motions? Borton: Mr. President? Zaremba: Mr. President? Rountree: Mr. Borton. Borton: All at once. Rountree: Take turns. Borton: We will do it in unison. I move that we approve Item J, MDA 14-004. Bird: With all staff and -- Borton: Including staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-J, MDA 14-004. All those in favor of the motion signify by aye. Bird: Roll call. Rountree: Oh, that's right. This is a roll call. Excuse me. Zaremba: Mr. President, may I ask a question first? Rountree: Yes. Zaremba: Is the MDA where the hours are? Rountree: No. It's M. Zaremba: Thank you. Oh, I see. I'm sorry. Rountree: Okay. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 7, 2014 Page 31 of 41 MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton, Borton: I would move we approve Item 7-K, RZ 14-003 for the rezone to include staff and applicant comments as well. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-K. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Item 7-L. Borton: Mr. President? Rountree: Mr. Borton. Borton: This is listed as a preliminary and final? Rountree: Yes, Borton: Okay. Rountree: Yes. Borton: Is a final plat not yet -- Rountree: We approve the preliminary -- Bird: And the final. Rountree: -- through a public hearing, but the final plat can be approved without the public hearing. Borton: Okay. Rountree: So, we have combined them both. Meridian City Council October 7, 2014 Page 32 of 41 Borton: Okay. Rountree: One fell swoop. Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we approve Item 7-L, PFP 14-001. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-L. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Item 7-M. Borton: Mr. President? Rountree: Mr. Borton. Borton: I appreciate the history and what's been done before. I for one do think both the drive-thru establishment condition, as well as the extended hours moving 6:00 to 8:00 -- or excuse me -- 6:00 a.m. to 11:00 p.m. to 5:00 to midnight is appropriate and -- for this particular site. So, I will make a motion to approve Item 7-M, CUP 14-002, to include both conditions as listed regarding the hours of operation and the single drive- thru establishment, understanding there may be a future request at another time. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-M with the conditions as stated. Any discussion? Seeing none, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, nay; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE NAY. Item 8: Department Reports Meridian City Council October 7, 2014 Page 33 of 41 A. Solid Waste Advisory Commission (SWAC): SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2015 Rountree: All right. That concludes the public hearings for this evening. Item 8, Department Reports, the Solid Waste Advisory Commission to talk about recommendations on franchise agreement and, Steve, you're here to do that for us? Cory: Mr. President, Members of the Council, my name is Steve Cory. I'm chairman of the Solid Waste Advisory Commission and I want to express the best wishes of the commission and to thank you for your continued support. Per City Council instructions, SWAC completed it's review of Republic Services performance during FY -2014 in order to make a recommendation whether or not to approve the automatic renewal and we have submitted the report and recommendation to you, so I will just highlight portions of this report. Republic Services continues to provide the services that are in the agreement and has achieved a high level of satisfaction by our citizens. They have worked hard to grow the participation of residential and commercial customers engaged in recycling in our community and have provided many special programs, including collection of leaves in the fall, collection of Christmas trees, providing a week of unlimited collection after Christmas. They provide a spring cleanup week where they collect a great deal of material to allow us to put in their gardens and spruce up our properties and they support the Old Town cleanup project. They have also worked this last year to develop a grass recycling pilot program, which has been requested energetically by some of our citizens and one thing I would highlight is that due to continued down turn of community prices Republic Services has been unable to return any recycled revenue to -- recycled revenue to the city in FY -14. And with that, then, I will read the conclusion of the Commission. On the basis of these findings SWAC concluded that Republic Services provided services in addition to its contracted duties and responsibilities to perform them above and beyond the manner and standard prescribed by the agreement. As a result of its findings SWAC voted at its meeting on the September 24th, 2014, to recommend to you approval of the renewal of the agreement with Republic Services for FY -15. SWAC also voted to convene a subcommittee during FY -15 to review the terms and conditions of the agreement, including services of its residential recycling stream and report back to you with the findings prior to the review cycle for renewal of the current agreement for FY -16. And with that I would stand for questions. Rountree: Questions for Steve? Bird: I have none. Milam: Mr. President? I really have a question, but more of a comment. I am just very impressed with Republic Services. I think they are a phenomenal partner for the city and so I'm highly in favor of this renewal. Rountree: Further questions? Comments? Meridian City Council October 7, 2014 Page 34 of 41 Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Steve, first off, thanks for your continued dedication to this. I really, truly, appreciate your hard work. My question is does the commission have any feedback or thoughts related to the grass recycling program? Do they believe it's a success for our community? I know we were one kind of the first kind of pilot areas and, then, we have seen it expanded in Boise and parts of Canyon county. Does the commission have an opinion on that program in general? Cory: From what I can state at this particular point is we finished the first full year of running the project. The people who are participating in the project energetically support the project. The key point that I am in need of is a report back on the success of the product, which is silage and I'm not at this particular point in knowledge of what the -- how successful that's been. I will go ahead and get a report on that and we will forward the findings that we get from that. I know that the Republic Services and -- and the commission are hopeful that everything is working well, that by increasing the participation in this the cost can drop and that as the costs drop, then, even more people will participate in it to the point that maybe this can be a universal service, instead of a special program. But I do have to admit at this particular point I find it rather critical to know that the silage product is good and so I appreciate the question, Mr. President, Councilman Cavener. I will do some research on this and I will commit to report back to you on what the status of that is. Cavener: Thank you. Rountree: Steve, you can correct me if I heard it wrong, but I believe the last SWAC meeting Republic indicated there was a report to the SWAC committee the success of the grass clipping collection next meeting, which would be next month and I think they said that Meridian had the highest number of participants of anybody in the program. Is that correct? Cory: Mr. President, both of those are correct. Rountree: So, it's going well here. I don't know about other communities. Any other questions for Steve? Steve, I want to thank you, too, for the time and dedication you have given to this topic. We ended up with no change in our rates this year. We struggled through somewhat of a combative process with the county on that particular item and I think we came out well. The county did take our recommendation to create an advisory commission and they have created such and Steve is Meridian's representative on that commission. So, thank you for accepting that and look forward to the work both there, as well as our SWAC group. Cory: Mr. President, thank you. I'm honored. Meridian City Council October 7, 2014 Page 35 of 41 Rountree: Okay. We need to do a resolution on that, Bill, or do we just -- it's an automatic, so it just happens? Nary: Yes. It's an automatic. It just happens. B. Legal Department: Approval Of Collective Labor Agreement Between City Of Meridian And Meridian Firefighters I.A.F.F. LOCAL 4627 Rountree: Okay. Sometimes that's a good thing. All right. The next item 8-13, Legal Department. Bill, you're going to do this? I thought we needed a little more fanfare on this item and opposed to just being a Consent Agenda item. I'd like to see the folks that represented the various groups in this recognized this evening and maybe some comments from each group as to how the process went and, then, the Council can take action on the collective bargaining agreement. So, Bill, if you would lead that off and -- Nary: Thank you. Rountree: I don't know if -- Mark, you're going to represent the fire department? Patty, you're going to represent HR. Bill, legal. Genesis the Council. Nary: Mr. President, I'm happy to lead this off. I'm proud to bring tonight in your packets for approval an agreement that's been ratified by the Meridian Local 4627. It's a new collective labor agreement with our fire union for two more years, so through 2016. You have already done this, but I would -- all of our teams had a different effort this year in trying to make sure all of our departments were represented that had impact -- that were going to be impacted by this agreement. Patty Perkins, our HR director, as well as Crystal Ritchie, our HR manager, were part of that. Todd Lavoie from the Finance Department was also part or our group. Both Deputy Chief Amenn, as well as Chief Niemeyer from the fire department, as well as Council Member Milam were here as the Council's representative. We began meeting in June. It took us through the summer. We had a few weeks where we had some schedule conflicts, so we didn't meet every single week, but we did meet throughout the summer. This is the sixth agreement that I have done since I have been here in the last ten years. Captain Eric Smith is the president of the local and he is here as well to represent them. As I said, they ratified it last week. I think it's a good agreement. I think overall the biggest plus that I have seen over the time period in the last ten years is an ability to really get down to what the issues are, as well as being able to resolve them at the table in a very professional and appropriate way and address concerns and address problems and, really, I think be a model for other places in how work like this can get done in the best way and, actually, I think in a way that makes the working relationship as we continue going forward a much more positive work environment and I think that's a testament to how we have done it, a testimony to the team and this Council's support. In the time period I have been here and, again, in the union's also supportive of trying to, again, find consensus, find resolution to concerns or issues or problems and not look at Meridian City Council October 7, 2014 Page 36 of 41 everything is a battle and everything is a fight over that. But that's the legal. I feel severely underdressed from what Captain Smith -- I don't have a nice uniform for the city attorney's world, so I do feel a little bit bad about that, but certainly if any of the other members of the team want to -- have anything else to add from their perspective, would certainly turn that over to them. Rountree: And I did miss Captain Smith. He's well hidden behind the -- Mr. Jones, so -- glad you wore your Class A's. You look pretty sharp this evening. If you don't want to say anything and you just want to stand up and look great, that's fine, but I'd really like to hear from you. Smith: Well, I got -- this is the agreement, so I brought it here to sign it tonight, to give to the clerk. And I want to say thanks for inviting me as the union representative up here to talk to you guys. I'm happy to answer any questions you have. We -- you know, see the -- the CLA and the relationship between us and our department, you the electeds and, then, our citizens is a -- first off, this -- having this process to me it's important, because we have got a lot of great firemen out there and they are really devoted to what they do and every single time these guys come into work they are willing to go lay their lives down. They are willing to give up everything they have and everything they ever will have for the life and safety of our community and our citizens. That warrants having a good process for bringing all the issues out and having good solutions and exploring all the -- you know, all the solutions that we have. It's also -- it's a partnership. We recognize that there is a -- that we are -- that we have a common goal. If we don't always have the same vision of how to get there, but we have that same goal of being effective and successful and safe. So, it's -- the process is only as good as the people we bring to the table sometimes and I think we have always done a good job of having the right people there. I have been pleased to work with Mr. Nary for the last -- this will be the fourth contract that I have negotiated and he's been there for every one I have done and I trust him. We work well together. As well as the elected officials who have been with us. Mr. Bird in the past. Mrs. Milam this year. It's been nice to feel that we can just be straight forward and talk about what the issues are. The leadership in our department -- Chief Niemeyer, he -- again, we don't always have the same idea of how to get places, but I believe in his vision and I believe in the direction that we are going. I think you have an outstanding fire department. Rountree: Any questions for -- Bird: Mr. President? Rountree: Mr. Bird. Bird: No. I have just got a statement. I sat on most of the negotiation ones and -- that Smitty has been on and you guys have always been first class representatives. Smith: Thank you. Meridian City Council October 7, 2014 Page 37 of 41 Bird: You have been very fair. Neither one of the sides have tried to pull the wool over each other's eyes. I think that's been the biggest thing what we said. We have always stood behind on either side and I appreciate that, Smitty, and tell all your guys that I -- I appreciate the way they have acted and the way they have done the negotiations. I truly appreciate it. Smith: Thank you, sir. Niemeyer: Mr. President? If I may, I do want to quickly thank Bill Nary again. He's brought a level of professionalism and solution -oriented ideas to the table and I want to thank the leadership of Local 4627 as well for the same -- I think sometimes because of the relationship it appears easy. It's not. I think Captain Smith alluded to we don't always share the same opinion and we have to work through those issues, but I do appreciate that we are a team that is dedicated to finding solutions and you don't find that everywhere, as I have learned talking to my colleagues. So, certainly I appreciate your leadership, Eric, and to Bill, the way you bring an atmosphere to those negotiations. It certainly makes it a lot easier. Smith: Thank you. Rountree: Patty, any comments? Perkins: I'm underdressed next to this gentleman. But it is really an honor to be part of this negotiation and I listened and learned quite a bit, but I really do appreciate the fact that I was part of it and that the concerns or the perspective of HR was considered and I think it was a good process and a good outcome and I appreciate everybody's work on that. Thank you. Rountree: Thank you. Smith: I'm going to sign this thing before I forget. Milam: Mr. President. It was quite a process. It was a huge learning experience for me. Now that it's over I'm really glad that I had the opportunity to participate. It was a lot of meetings, but it was very interesting to learn about the issues that -- that you face on a daily basis and how that's different from what -- you know, what somebody else might be thinking in another department or -- you know. And just be able to put all that together and work things out and come to an agreement at the end of the day and, yeah, I was glad that I was able to be a part of that and -- thanks. Smith: Thanks for being there. Rountree: Thank you. Nary: Mr. President, again, I will wrap up with -- again, appreciation of this Council's support. I mean this is a long process. The Council, you know, is apprised as we go Meridian City Council October 7, 2014 Page 38 of 41 along, where we are and how things are going and the Council's support really is integral to, again, the -- the partnership that Captain Smith talked about between the city, the management and the department, the union itself and, again, I would echo what he said. We don't always necessarily agree on how to get there, but I think everyone always has a common goal and the common good and the best interest of our citizens in the City of Meridian in mind, whatever it is we are doing. I used to say when I first started doing this that if it was written really poorly that's not the part I wrote. So, I only wrote the good parts and not the bad parts. But now we have done so many of them I have written most of it that's in the contract now, even the parts I have had to rewrite since we started, so -- I'm happy with this. I think we have reached some resolution on some issues that were really very sticky and very difficult and yet I think, again, we found common ground. So, appreciate the opportunity to present that tonight to you and for Captain Smith being here to represent the union side. Rountree: Further questions? Comments? Cavener: Mr. President? Maybe just one real brief comment. From an outsider's perspective this has always looked like it's been very easy and very painless and I want -- I recognize tonight we somewhat pat ourselves on the shoulder and on our back and say nice job, but I think for the few of you that -- this is a huge issue for our community and it's a result of partnership and as easy as it is to pat ourselves on the back and say, hey, we worked through this, I recognize the challenges that came with that on both sides and I want to thank the city director leadership and the union leadership for working together and forming a partnership. I firmly believe we are the gold standard for what our neighbors to the east and to the west can look to, what our fellow agencies in the state and across the county can do and I appreciate your willingness to collaborate and work in a strong partnership. It's so much appreciated. Smith: Thank you. Milam: Mr. President? Rountree: Mrs. Milam. Milam: I move that we approve the collective labor agreement between the City of Meridian and the Meridian Firefighters Local 4627. For the President to sign and the Clerk to attest. Cavener: Second, Rountree: It's been moved and seconded to approve this document as indicated by Councilman Milam. Any discussion? Seeing none, all in favor of the motion -- oh, excuse me. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 7, 2014 Page 39 of 41 MOTION CARRIED: ALL AYES. Holman: President Rountree, I need to address -- you didn't date this, do you want to date right above your name or do you want me to put the date in for you? Rountree: Date it for next year and, then, it could last for three years. Holman: Today is the 7th of October. Item 9: Ordinances A. Ordinance No. 14-1625: Ordinance Authorizing The Conveyance Of Certain City -Owned Real Property To ACHD For - Widening Or -... Adjacent To Settlers Park North Of Rountree: The next item is Ordinances. Ordinance 14-1625. If the clerk would read that ordinance by title only. Holman: City of Meridian Ordinance No. 14-1625, an ordinance authorizing the conveyance of certain city -owned real property to the Ada County Highway District located at the eastern boundary of Settlers Park along Meridian Road, north of Ustick Road, a portion of Ada County parcel number SO436449680, authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction. Providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard the ordinance read by title only. Anyone wising to hear the whole thing? Seeing none -- Milam: Mr. President? Rountree: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1625 with suspension of rules. Bird: Second. Rountree: It's been moved and seconded to approve Item 9-A. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council October 7, 2014 Page 40 of 41 Item 10: Future Meeting Topics Rountree: Future Meeting Topics. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: In light of Mr. Cory's presentation tonight, I'd like to either have a representative of the SWAC or from Republic Services in a future meeting to talk about the success of the grass recycling program. Rountree: Okay. We can have that happen. Any other -- Item 11: Executive Session Per Idaho State Code 67-2345(1)(d) — To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code Rountree: Next item on Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:45 p.m. to 9:10 p.m.) Rountree: -- parade entry. Last year we rode in the trolley. It's available again this year for about I think something like 300 dollars. If you want to do something different I'm okay with that. Bird: Yeah. I -- Rountree: If you have got an idea let's let Robert know so we can get it figured out, so any -- any direction? Meridian City Council October 7, 2014 Page 41 of 41 Bird: We will put you in charge in figuring out something. Cavener: I will second that motion. Milam: Limo sounds good to me. Rountree: I limo? I don't think so, it gets people in trouble. Borton: The trolley was great I thought. Bird: I liked the trolley real well. Milam: The trolley was -- Rountree: For those who want to be there I will let him know the trolley's in. Need a motion for adjournment. Bird: So moved. Milam: Second. Rountree: It's been moved and seconded. All in favor? MOTION CARRIED: All ayes. Rountree: Thank you. Thank you all. MEETING ADJOURNED AT 9:11 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) PRESIDENT CHARLIE ROUNTREE DATE APPROVED ATT HOLMAN, CITY CLERK