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HomeMy WebLinkAbout2015-04-28 CITY COUNCIL REGULAR ./"Ct( MEETING AGENDA IDAHO City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 28, 2015 at 6:00 PM 1. Roll-Call Attendance X David Zaremba 0 Joe Borton 0 Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (pg 3-4) A. Findings of Fact, Conclusions of Order for Approval: Public Hearing: RZ 15-001 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Rezone of 5.05 Acres of Land from the C-G Zoning District and 3.37 Acres of Land from the R-40 to the C-G Zoning District B. Findings of Fact, Conclusions of Order for Approval: PP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Preliminary Plat Approval Consisting of One (1) Building Lot in the R-40 Zoning District; Twenty-Two (22) Building Lots in the C-G Zoning District and Five (5) Common / Other Lots on 36.04 Acres of Land C. Findings of Fact, Conclusions of Law and Order for Approval: CUP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Conditional Use Permit for a Multi-Family Development Consisting of 280 Dwelling Units in an R-40 Zoning District D. Title Amended to Read: ACHD Temporary Construction Easement— Ustick, Meridian To Linder Project, Settler's Park Section Meridian City Council Meeting Agenda—Tuesday,April 28,2015 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. E. Subgrant Agreement with Ada County for Homeland Security Grant Program for TriTech F. Larkspur Subdivision No. 1 Water Main Easement G. Larkspur Subdivision No. 1 Sanitary Sewer and Water Main Easement H. Approval of Change Order No. 2 to Beniton Construction, Inc. for the "WWTP Maintenance Facility Construction Management Services" project for a Not-To-Exceed amount of$26,240.00 I. Approval of Change Order No. 1 to Sletten Construction Company for the "WELL 21 IRON AND MANGANESE REMOVAL / TREATMENT FACILITY" project for a Not-To-Exceed amount of$32,836.13 J. Development Agreement for Approval: MDA 14-007 Timbergrove by Blue Marlin Investments, LLC, Located Along the West Side of N. Centerpoint Way. Request: Multi-Family Development on Approximately 4.28 Acres Consisting of Twenty (20) Four-Plex Structures in the C-G Zoning District K. Second Addendum to Development Agreement for Approval: MDA 14-007 Timbergrove by Blue Marlin Investments, LLC, Located Along the West Side of N. Centerpoint Way. Request: For the Sole Purpose to Exclude the Property From an Existing Development Agreement for the Sole Purpose of Entering into a New Development Agreement L. Approval of the City Council Minutes from April 7, 2015 6. Community Items/Presentations (pg 4-9) A. Police Department: Swearing In of 7 New Police Officers and Introduction of 2 Non-Sworn Employees 7. Items Moved From Consent Agenda None 8. Action Items (pg 9-11) A. Continued from April 21, 2015: Community Development Block Grant (CDBG) Update - Community Center Façade Improvements B. Community Development Block Grant (CDBG) Action Plan 2014 Substantial Amendment (Project Proposals) Approved C. Public Hearing: RZ 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Meridian City Council Meeting Agenda—Tuesday,April 28,2015 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. Request: Rezone of 4.08 Acres of Land from the L-O Zoning District to the C-G (2.73 Acres) and L-O (1.35 Acres) Zoning Districts Approved D. Public Hearing: MCU 15-001 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Conditional Use Permit Modification to Modify the Site Plan and Certain Conditions Approved with the Larkspur Planned Unit Development (CUP 04-025) Approved E. Public Hearing: VAC 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Vacate a Portion of Note #14 of Larkspur Subdivision That Requires Lot 5, Block 1 to Provide Commercial Access to Lot 2, Block 1 AND Reduce the Landscape Buffer Width from 40 Feet to 35 Feet Approved 9. Department Reports (pg 30-39) A. Public Works: Citywide Strategic Plan Discussion Discussion was continued to May 5, 2015 City Council Meeting B. Public Works: Approval Change Order No. 1 to HDR Engineering, Inc. for the "NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE" project for a Not-To-Exceed amount of$96,000.00 Approved C. Parks & Recreation: Agreement with Meridian Tennis Association for Use of Settler's Park Tennis Facilities Approved D. Community Development: Budget Amendment for Additional Spending Authority Based on Contributions from Meridian Development Corporation (MDC) and the Meridian Chamber of Commerce for Pegasus Multi-Use and Event Center in the Amount Not-to-Exceed $15,500.00 Approved E. Community Development: Approval of Change Order No. 1 to Pegasus Planning and Development for the "Project Development Plan — Multi Purpose Event Center" Project For A Not-To-Exceed Amount of $7,000.00 Approved F. Fire Department: EMS Standing Written Orders App Development Agreement Approved G. Legal Department: Ordinance Updating Provisions Of Licensing, Permitting, False Alarm, And Parking Codes Ordinance will be on May 5, 2015 agenda for approval 10. Future Meeting Topics None Meridian City Council Meeting Agenda—Tuesday,April 28,2015 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. 11. Executive Session Per Idaho State Code 67-2345 (1)(a)(d)(f): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:50 PM Out of Executive Session at 8:52 PM Adjourned at 8:52 PM Meridian City Council Meeting Agenda—Tuesday,April 28,2015 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 April 28, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 28, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Genesis Milam and Luke Cavener. Members Absent: Charlie Rountree and Joe Borton. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Bill Parsons, Tom Barry, Warren Stewart, Jeff Lavy, Michae de St. Germain, Mark Niemeyer, Mike Barton, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Joe Borton Charlie Rountree X Keith Bird X Genesis Milam X Lucas Cavener X Mayor Tammy de Weerd De Weerd: Well, good evening. I'd like to welcome you to our City Council meeting. It's always nice to see a room full of friendly people. So, thank you for joining us. For the record it is Tuesday, April 28th. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. We will be led tonight by Larry Woodard. He is with Ten Mile Christian Church. It's always nice to see you, Larry. Woodard: It's good to see you. De Weerd: Thank you for joining us. I'd ask you to join us in the community invocation or take this as an opportunity for a moment of reflection. Woodard: Our Dear Heavenly Father, as we come before you again tonight with our heads bowed we want to once again thank you for watching over our city and especially these members of the City Council and our Mayor. Despite the news we see on television Meridian City Council April 28, 2015 Page 2 of 40 today, we recognize that there are increasing problems with drugs and violence throughout the country, but our city remains largely a good place to live and I thank you for that. Tonight we have a very special evening with new police officers being sworn in and I just want to take a minute to ask you to watch over these new officers as they begin their duties and also be with their families, because I know it's doubly hard for wives and the parents. Want to pray also for our paramedics and for our fire personnel. Keep them all safe, keep our homes safe this spring and summer and as children come out to play may our streets be safe and the playgrounds a place of enjoyment as little league, soccer and other team sports begin. I cannot help but reflect on a scene I saw this week. As drove north on Meridian Road I passed a pond along the road and here was a grandfather sitting in a folding chair with his two grandchildren fishing in the pond. I'm not sure they caught any fish, but the point of it was grandpa had taken them. I hope we have more scenes like that throughout our city. As a city we wait to hear the news of possibly a new event center and we ask for wisdom as to the right course of action and these are exciting times in Meridian and we look forward to further results. I pray tonight for every household as we all struggle with societal changes. Some good, others not so good. Keep our families together and for those who are recovering from addictions we ask your hand on each. Some of us look forward to this Friday night when the Rescue Mission graduation is held and celebrate the year of long recovery for many young men. Help them as they return to society. Bless us tonight in Jesus' name, amen. De Weerd: Thank you, Larry. We appreciated your words. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 5-D, amend the title to read ACHD temporary construction easement, Ustick, Meridian to Linder, project, Settlers Park section and with that I move we accept the amended agenda. Zaremba: Second. De Weerd: I have a motion and a second to adopt the amended -- agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Order for Approval: Public Hearing: RZ 15-001 Paramount Southeast Subdivision by Meridian City Council April 28, 2015 Page 3 of 40 Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Rezone of 5.05 Acres of Land from the C -G Zoning District and 3.37 Acres of Land from the R-40 to the C -G Zoning District B. Findings of Fact, Conclusions of Order for Approval: PP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Preliminary Plat Approval Consisting of One (1) Building Lot in the R-40 Zoning District; Twenty -Two (22) Building Lots in the C -G Zoning District and Five (5) Common / Other Lots on 36.04 Acres of Land C. Findings of Fact, Conclusions of Law and Order for Approval: CUP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 280 Dwelling Units in an R-40 Zoning District D. Title Amended to Read: ACHD Temporary Construction Easement — Ustick, Meridian To Linder Project, Settler's Park Section E. Subgrant Agreement with Ada County for Homeland Security Grant Program for TriTech F. Larkspur Subdivision No. 1 Water Main Easement G. Larkspur Subdivision No. 1 Sanitary Sewer and Water Main Easement H. Approval of Change Order No. 2 to Beniton Construction, Inc. for the "WWTP Maintenance Facility Construction Management Services" project for a Not -To -Exceed amount of $26,240.00 I. Approval of Change Order No. 1 to Sletten Construction Company for the "WELL 21 IRON AND MANGANESE REMOVAL / TREATMENT FACILITY" project for a Not -To -Exceed amount of $32,836.13 J. Development Agreement for Approval: MDA 14-007 Timbergrove by Blue Marlin Investments, LLC, Located Along the West Side of N. Centerpoint Way. Request: Multi -Family Development on Approximately 4.28 Acres Consisting of Twenty (20) Four-Plex Structures in the C -G Zoning District Meridian City Council April 28, 2015 Page 4 of 40 K. Second Addendum to Development Agreement for Approval: MDA 14-007 Timbergrove by Blue Marlin Investments, LLC, Located Along the West Side of N. Centerpoint Way. Request: For the Sole Purpose to Exclude the Property From an Existing Development Agreement for the Sole Purpose of Entering into a New Development Agreement L. Approval of the City Council Minutes from April 7, 2015 De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the amended agenda -- Consent Agenda as amended earlier and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to adopt the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Rountree; absent; Bird; yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Community Items/Presentations A. Police Department: Swearing In of 7 New Police Officers and Introduction of 2 Non -Sworn Employees De Weerd: At this time I will turn this over to our chief of police Jeff Lavey. Lavey: Madam Mayor, Council, thank you for the time this evening. This morning as was preparing for today I was grateful that I was not the chief of police for the city of Baltimore. But with that being said, regardless of what your views are, I would like to take this moment to keep our brothers and sisters in public safety in the city of Baltimore and their community in our thoughts as we have our ceremony this evening. We have a great place, the City of Meridian, and that great place is because of the men and women that are a part of this community and only the police department is a very small part, but we have been working tirelessly -- it's kind of a marathon hiring session as we had to hire new Meridian City Council April 28, 2015 Page 5 of 40 people that you were gracious enough to approve in the last budget session. We had to replace a few people that had left and moved on and we had to replace a couple of people that had retired from the City of Meridian and so there was about 13 people that we hired over the last -- the last year and I have been fortunate enough to introduce them to you, you know, a couple every once in awhile. Never has it been this big a group and the other thing that I had chosen to do is to also bring our nonsworn employees as well. I don't believe we have ever included them here at City Council. We have given them recognition at our department ceremonies, but never at City Council and they are equally, if not as important as the officers that are in the field and so it's befitting to have them here today as well. So, if you would allow me, I'm going to call first the seven officers up front and, hopefully, they will remain in this order, but if Ashley could come up front and kind of stand over here. And put RD next to her. Matthew. I will be the choreographer, too. David. Candice. Vijay. And Samuel. Now, the purpose of today is kind of three fold. First, we are here to swear them in officially. Second we are here to introduce them to Council and to the community members in the audience. And, third, it's a family moment. It is a moment for you to take pictures and to celebrate this -- this moment in time as several of these officers start their law enforcement career and several others start a new career here at Meridian. So, I want you to come forward and take pictures as soon as we get down with the oath and, Frank, you also can come forward and get pictures as well, because sometimes we get pictures -- and I don't want you guys to move, because sometimes we get pictures of them kind of like standing and walking away and going can't wait to get down and we want to have some good pictures that show up in the -- in Facebook and, then, in the ValleyTimes, so -- De Weerd: Well, he told me I could take a picture I did, so -- Lavey: Perfect. De Weerd: So, thank you. Lavey: Perfect. Perfect. If the officers can raise their right hand and repeat after me. I, state you name, do solemnly swear or affirm that I will support the Constitution of the United States and the constitution and laws of the state of Idaho, and the laws and ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and the policies and procedures of the Meridian Police Department. That I will obey all lawful orders of those appointed over me and as I -- that I will, to the best of my ability, faithfully discharge all the duties of police officer for the City of Meridian, so help me God. Congratulations. Now, I'm going to -- now I'm going to read a little bio from each officer, but as I'm doing that any family member or Frank that wants to come forward and take pictures you may do that. I promise not to get distracted from the flashes if they are behind me, so -- Ashley Hegman Turner -- make sure we are still in order -- comes with more than three years of experience as a police officer from the state of California, Bakersfield Police Department in Bakersfield, California. So, welcome, Ashley. Ashley is a lateral officer with Meridian and she will have to challenge POST and so she's in that process right now. Courtney Dozier. He has almost nine years of law enforcement experience with the majority of that experience being as a police officer for the city of Meridian City Council April 28, 2015 Page 6 of 40 Caldwell here in the state of Idaho. Matthew Archuleta has almost eight years of experience as a police officer with the Nampa Police Department, as well as the Burlington Northern Railroad in Washington state. During the past year he has also been a coordinator at the Idaho POST. David Cushing comes from the city of Twin Falls and he has almost two years of law enforcement experience with that agency. All four of those I just mentioned are lateral officers. It means they came to Meridian with some level of experience. The next three officers have chosen the City of Meridian as their first law enforcement job. Hopefully their last law enforcement job. But it's always exciting to get new blood that is excited about joining law enforcement after we see all of the negative things on a daily basis. Candace Hennefer joins the Meridian Police Department as a police officer recruit. She has spent the last five years working as a wild land firefighter. She is scheduled to attend the POST Academy in June of 2015 and, yes, Chief Niemeyer, we did recruit her over. Vijay Sahni joins the Meridian Police Department as a police officer recruit. He was born in the City of Meridian and is the second generation of a family policemen here in the Treasure Valley. He is scheduled to attend the POST Academy in June 2015. What's unique about this young man is that his father is retired from the Ada County Sheriffs Office, who is standing right behind me. But his brother is a deputy for Ada County Sheriff's Office, who is standing -- or sitting behind me as well. And, then, Vijay was the smart one, because he came to the City of Meridian. De Weerd: I'm glad you said that, because I would have. Lavey: You would have. Hopefully he is not armed now that he's retired, but -- and Sam is -- has joined the Meridian Police Department -- Samuel Lang joins the Meridian Police Department as a police officer recruit. He is scheduled to attend the POST Academy in 2015 and I believe Sam also has U.S. Navy experience as well, so he's also a veteran in the U.S. military. So, we thank you for that as well. Did we get pictures? Everybody got pictures? Come and take them. The time is yours. (Pictures taken.) Lavey: Thank you. The torture is over. You may have a seat. Madam Mayor and Council, I would just like to point out that all seven of these officers have just completed a five week advanced academy training program. Four of the lateral officers are currently working the streets in the field training process. The other three officers are awaiting their academy slot, which is not until June -- June 21st. So, what they are doing is riding with officers, riding with detectives. I think they are going to -- down to dispatch to spend a week down at dispatch as well and kind of learn behind the scenes before they actually hit the road in a training capacity and they will have ten weeks of the police academy and, then, they will come back and do 14 weeks of field training. So, congratulations, officers. De Weerd: So, Jeff, before you move on, I would just like to welcome you to our City of Meridian family. You have joined a department that has a good reputation in our community. They have a different culture here. They have embraced our CARE values of customer service, accountability, respect and excellence, where our police officers are partners with our citizens. We know that our police can't do it all and our citizens are Meridian City Council April 28, 2015 Page 7 of 40 willing partners to our law enforcement. You have joined a family that's very supportive of one another and we are thrilled to have you join us. Now, I'm glad I didn't know about the Caldwell, Nampa, and Twin Falls before now, because I just saw their mayors and I would have had to apologize. But I don't know how sincere that apology would have been. We think you chose the right law enforcement department and we hope that your -- you're here and we -- we come to your retirement party. So, to the families thank you. We know that your officer is going to need your support and it's probably a difficult row for our families and certainly Councilman Cavener, growing up in a law enforcement household probably can say a lot about how that -- how that works. But to our families thank you. We appreciate you sharing your loved ones with us and we will keep them safe as they work to keep our community safe. So, again, congratulations. We look forward to seeing you on the street, waving at you. I did tell the chief that is the sign of success when our police officers wave at people when they drive by them. So, just saying. Any other comments from Council? Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will be brief. Well, this is a family here. We know there is a true family for our emergency responders, but here at the City of Meridian it's a family, too, and we are excited and honored that you choose to continue your career with our community and we are excited to have you here. You will follow a long line of other officers that have continued to make our -- our police officers and our emergency responders the best in the county and we are really excited and honored to have you here. So, thank you. De Weerd: And we do know it's because of our -- our safety personnel that we are one of the safest communities in Idaho. We are third. We are going for number one, but we have to beat out Weiser and Rexburg -- or Rigby or something. So, there you go. Again, welcome and I will turn this back over to you, Chief. Lavey: Thank you, Madam Mayor. I'd like to call Kendall and Christi forward and if you could stand in the same area that the officers did. As I was coming to Council today I was sitting out in the parking lot and I was receiving e-mails from Kendall and I was wondering why is she working so late and, then, I realized that she was probably just working before she had to be here. These -- these two introductions are kind of special, because as I hinted to you before, we have people that work behind the scenes and they do a major part, if not a bigger part, than what the officers often do. Christi works in the support staff in the records division as a data clerk, but Kendall is a little bit more out there in the community, because she is doing the substance abuse coordinator role for MADC. But I couldn't do it justice introducing them and so I asked them to write me a short paragraph for a bio that I would like to read -- read to you as well. They -- they are not more than a couple of pages long, so -- no. Kendall is an Idaho native born in the city of McCall. She and her husband of nearly 20 years are grateful to be raising their daughter -- their daughters in such a safe and supportive community. She comes to the Meridian Police Department with a strong background working throughout the community as an advocate Meridian City Council April 28, 2015 Page 8 of 40 for families and youth. She has been a nonprofit president, a business operator and teacher. Kendall enjoys teaching and mentoring children, which is reflected in her choice of volunteer commitments such as soccer coach, girl scout troop leader and active PTA member. She says she very much looks forward to serving the Meridian Community as she works to reduce drug use through education and prevention in her new position as the substance abuse prevention coordinator and she's also in charge of the Mayor's anti-drug coalition. So, welcome aboard Kendall. Kendall: Happy to be here. Lavey: Christi has been a resident of Meridian for the past ten years. She is married -- she has been married for 25 years and has two daughters. She and her husband are expecting their first grandson next month. Prior to being hired on full time Christi has volunteered for the Meridian Police Department in records and our own Meridian City Hall, supporting the Mayor's office, as well as running the information desk in the lobby. If she looks familiar you probably have seen her at those one or two places. She continues giving up her time volunteering for the VA in downtown Boise and during the winter months spends as much time as possible on the ski slopes. Christi previously owned a videographic business and spent time in a computer networking firm working in facilities and security. Christi is excited to begin her career with law enforcement at the Meridian Police Department. Welcome aboard, Kendall and Christi. De Weerd: Well, Christi and Kendall, we would like to welcome both of you two to our city family and I know we will be seeing both of you. I look forward to meeting with you, Kendall, and touching base on the anti-drug coalition and getting a good grip on what your vision is for it as well. You have great leadership, a lot of support, and you make it -- that program and the people that are involved in it make a huge difference in our community in partnership with our law enforcement. It's a hand and glove type of a duty and -- and have been assured by the chief that it's a passion for you and I look forward to working with you. And, Christi, it's great to see you and I just wish you a lot of success in this new venture. So, thank you for being here tonight. Lavey: Madam Mayor, Council, I actually spoke about Kendall sending out an e-mail right before we came here. You probably haven't had an opportunity to read it yet, but if you read that e-mail you can -- you can just sense the passion in that e-mail and so it's just -- it's just exciting. So, I think we have many positive moments in store -- she's kind of like Stephanie, kind of a fireball, so -- I would like to thank you for giving me this -- this time. I know it's -- it's -- Councils have gone for many, many hours this month and so we -- we were trying to keep them as short as possible as you go to the month, but I'm glad that you gave me this time to have this -- this awesome responsibility in introducing our new employees. We are very, very, very excited about this group of people, probably had the greatest success through the hiring process this time around than we have ever had and don't know what we had done differently, so -- the quality of people that we -- we got this time was just phenomenal. Not to say that we haven't had great people in the past, but we have had to work very, very hard to find those people in the past and it was just a little bit easier this time. Meridian City Council April 28, 2015 Page 9 of 40 De Weerd: Well, chief, I think that speaks to the team that you have and the reputation that you're building as a -- as a team, as a family, as a good place, a good culture to work in. So, that -- that goes well to the team that you have in the back in the room that's always so unruly, but it's all part of the culture. Lavey: And they are always in the back, too. Right? In the back on the right-hand side. Thank you. De Weerd: Thank you. And, no, you all don't have to stay here. You can really leave if you would like. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Continued from April 21, 2015: Community Development Block Grant (CDBG) Update - Community Center Fagade Improvements B. Community Development Block Grant (CDBG) Action Plan 2014 Substantial Amendment (Project Proposals) De Weerd: So, we will go right into Items 8-A and B and turn this over to Sean. Kelly: Thank you, Madam Mayor, Members of the Council. I appreciate the opportunity to be here tonight to talk to you about this -- this will be the first of probably many of my appearances at Council all summer long, so start my marathon, so, hopefully, you don't get too tired of me. What I would like to talk to you about tonight is the community center fagade improvement, why that failed, and bring you up to speed on what the genesis of that was and, then, also -- because I missed last week, this week is going to be my amendment that I wanted to propose, so I will go ahead go into that afterwards. Thank you very much. So, this project -- we started it last summer. It was developed in the '14 action plan as a slum and blight remediation. When I tried to -- when I started the process of making sure that this is a qualifiable project before we spent money and dug any dirt on this project, we discovered that HUD was not going to fund this project, it wasn't qualifiable. The reasons why is because in the past we have done all of our -- all of our urban renewal, all of our slum and blight projects are fagade improvements. Under the auspices of the MDC URA we found out this year that HUD will only allow you to use the URA for the first ten years of its life span, even though the state statute allows us go further to do other projects. So, in order to do a CDBG -- CDBG product -- or project we have to have something to base that off of. We are now in year 12 or 13, 1 think, of the MDC URA. So, it no longer provides the justification for us to do those types of projects. So, it's good that we started to do the digging before we actually started digging and had to pay any money back. That means that we still have a 160,000 dollar project that we Meridian City Council April 28, 2015 Page 10 of 40 have to back fill for 2014. HUD really did work with us and tried to find another way to qualify this project. They wanted to see it go, because it was a planned project. They saw it, they approved it, they admitted that they missed that piece when they did their check of our action plan last year. The end result is this project is dead. It's not going to go forward. The remedial action that I have come up with -- we are currently planning for the 2015 action plan year. That means we have a lot of applications coming in, different projects, certain people who are applying for next year's funds. I have -- or I found that there were a least two that were -- had the capacity to and the ability to carry out their projects that they submitted this year. They qualified. They were able to carry them out within this program year 2014, one of which is Meridian Parks and Recreation Storey Park. That is an ADA upgrade. That's a remodel. No, we are not building a new facility there. We are not knocking one down. It's an actual ADA compliant piece and parks have assured me that they can go ahead and cut on that really quickly and Boise City, Ada County Housing Authority has approached us as well. They want to again partner with the City of Meridian to direct home buyer assistance. We have done that with them in the past. We have been successful. They were willing to take that on as well again. So, those are the two that came through that were immediately qualifiable. They fit a large chunk of that 2014 year project -- or programming year 2014 budget. The other part of this is we have a problem that we have got to fix and that's we don't have anything to justify doing slum and blight, urban renewal, economic revitalization, historic renovations or any of those types of projects and really great tools for CDBG to use and we have done them in the past. So, what I recommend is that we use the admin budget, which part of what it's there for is to do planning, like we do the consolidated plan and some of those other pieces, as a planning project. We submit RFPs to qualified organizations that can do the life study on the City of Meridian, identify contributing factors of slum and blight. Contributing factors, such as deteriorating stericity of our building in our downtown and once we have that I bring that to Council, Council goes -- Council takes a look at that and, then, we submit that to HUD for approval. We can use that as our justifications for the next ten years. So, those are the three that I am recommending to put into the substantial amendment, because we have to do a substantial amendment and as we all know substantial amendments require a citizen participation plan trigger, which means we have a 30 day comment period, which will probably be a little bit longer than that, because I will start it as soon as possible and, then, it will have to have a public hearing, which will -- which we will do at Council and close. So, my staff recommendation is to direct staff to execute the substantial amendment as described, barring any feedback from Council and Mayor, to begin -- and to begin the citizen participation process immediately. I will go straight to the newspapers and put that out there. And also to direct staff to return and present that amendment, close the public comment period, whenever it does expire, and, then, submit that to HUD. And with that staff will stand for any questions that you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. So, do you need a motion tonight to move forward? Meridian City Council April 28, 2015 Page 11 of 40 Kelly: I believe I do, ma'am. De Weerd: Okay. Kelly: Madam Mayor. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Keep that up on the screen so I can read it. I move that we direct staff to execute the substantial amendment as described and begin the citizen participation process immediately and also to direct that staff to return to present the amendment and close the public comment period when expired and submit to HUD. Zaremba: Second. Milam: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Kelly: Thank you, Madam Mayor. C. Public Hearing: RZ 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Rezone of 4.08 Acres of Land from the L -O Zoning District to the C -G (2.73 Acres) and L -O (1.35 Acres) Zoning Districts D. Public Hearing: MCU 15-001 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Conditional Use Permit Modification to Modify the Site Plan and Certain Conditions Approved with the Larkspur Planned Unit Development (CUP 04-025) Meridian City Council April 28, 2015 Page 12 of 40 E. Public Hearing: VAC 15-002 Calderwood Business Park by GGR, LLC Located Southeast Corner of S. Meridian Road and E. Calderwood Drive Request: Vacate a Portion of Note #14 of Larkspur Subdivision That Requires Lot 5, Block 1 to Provide Commercial Access to Lot 2, Block 1 AND Reduce the Landscape Buffer Width from 40 Feet to 35 Feet De Weerd: Okay. Items 8-C, D and E are public hearings on RZ 15-002, MCU 15-001 and VAC 15-002. 1 will open these three public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next hearing -- or next item on the agenda this evening is the Calderwood Business Park. It's located on the southeast corner of South Meridian Road and East Calderwood Drive and it's currently zoned L -O within the city. The project before you consists of approximately 4.08 acres of land and in 2004 this property was before you. At that time the developer was proposing to develop a 12 lot office park. That was approved with the assisted living facility that's to the east of this site and, then, also the 40 single family lots that are directly to the south of this development. So, they came in with a planned unit development and got a use exception to develop an office park on this property. The current land designation of this piece is medium density residential on the Comprehensive Plan. Because the property sits adjacent to commercial designation and because the land use designations aren't parcel specific, both staff and the Planning and Zoning Commission find merit in floating that Comprehensive Plan designation across this property to rezone a portion of the site to the C -G zoning district and the next exhibit here shows you the approved concept plan that came through before you with the business park -- or the office park, excuse me, which shows the 12 office buildings, the assisted living facility and, then, also the single family lots that are south of this. With the rezone application the applicant has provided a revised concept plan to replace the concept plan I just showed you. You can see here the lots that front along Meridian Road are proposed to be zoned C -G, which is approximately 2.73 acres of the site. Along the east boundary we have three office pad sites and that consists of approximately 1.35 acres of land. Access to this development will be provided from East Calderwood Drive, which is currently constructed, and another access -- full access point is constructed along the east boundary that would provide another access to a local street, which is labeled Black Spur Way and both streets were developed and improved with the development of the Larkspur Subdivision in 2004. The concept plan before you this evening does not show any access to Meridian Road and none is proposed with this application. ACHD did provide comments on this application and because the applicant is not changing the two access points that they acted on in 2004 they really have no comments related to this application. The applicant is asking for a vacation this evening to, one, reduce the landscape buffer along Meridian Road. At the time that they came before you the PD required a 40 foot wide landscape buffer and under the current UDC standards we only require a 35 foot wide landscape buffer. So, that is one modification. And, then, the other modification or vacation that they are asking for you to act on is to vacate several lots that were platted with the subdivision in 2004 that required cross -access within the development and also cross -access to the property to the south. Because the applicant is here going through that rezone before you this Meridian City Council April 28, 2015 Page 13 of 40 evening staff is recommending a development agreement be part of the rezone process and we have a recommended DA provision that requires cross -access between all of these parcels and also to the property to the south. So, although we are vacating those modifying the recorded plat, we are getting a separate agreement to facilitate cross - access not only with -- internal to this development, but also the property to the south. The applicant has provided sample elevations for you this evening. On the left-hand side you can see the office elevations and on the right-hand side are the retail components -- of retail buildings fronting along Meridian Road. Staff finds that these are consistent with the design standards in the UDC. Ultimate design will be dictated when the applicant submits for certificate of zoning compliance and administrative design review applications. As I mentioned to you, the applicant is required to comply with the DA -- or at least staff is recommending a DA with the rezone of the property. What's before you are the recommended DA provisions and I have also went ahead and inserted the revisions that occurred during the Planning and Zoning Commission on March 17th in which Planning and Zoning Commission did recommend approval of the project to you this evening. The first one would be the compliance with the concept plan and the elevations shown to you. A certificate of zoning compliance for the future pad sites, which is consistent with today's code. The biggest item -- or one of the modifications that the Planning and Zoning Commission was allowing the applicant to pull a building permit prior to initiating the DA and both Planning and Zoning and staff was comfortable with that due to the fact that the applicant already has existing zoning in place, which would allow -- and buildable lots that would allow them to get started on the office portion. So, both staff and Commission supported that. The previous concept plan showed common open space with the office park and so staff wanted to keep consistent with that approval, so we had recommended that a central open space be provided within the commercial or the business park and that open space is at 1,500 square feet minimum. The applicant did provide details of that and, unfortunately, I didn't get that in the presentation to show you this evening, but I can assure you it's a pretty nice trellis and sitting area centrally located within the development. Again, the applicant will have to comply with the dimensional standards of the C -G zone and the L -O zone and because of this proximity of this development adjacent to the residential to the south staff wanted to insure that this had a neighborhood commercial feel to it, not necessarily vehicle dominated and so we wanted to make sure -- we looked at our schedule of uses and we wanted to restrict specific uses from developing on this site and I will go through those very quickly. We are recommending that we are restrict drinking establishments, vehicle repair, equipment sale and rental and service, wireless communication facilities, vehicle washing facility, fuel sales facility, outdoor rec facility and, then, vehicle sales and rentals are the uses prohibited on this site. The Planning and Zoning Commission did recommend that the application be allowed to go -- allowed two drive-thru uses on site. Again, they will have to go back through the Planning and Zoning Commission for approval of that. Staff's original recommendation was to restrict the site to a single drive-thru use. Again in our recommendation was to be located in the location shown on the concept plan, but during the hearing, again, Commission sided with the applicant and allowed for the two drive-thru uses to be located anywhere on this site, provided that they go through that conditional use process. Because it is adjacent to a residential develop -- district, staff is recommending restricting hours of operation of the development from 6:00 a.m. to 11:00 p.m. in the C -G zone and the L -O Meridian City Council April 28, 2015 Page 14 of 40 zone would be restricted to 6:00 a.m. and 10:00 p.m., which is consistent with the zoning use as well. Item DA Provision H is the restricted access to Meridian Road and also speaks to the shared parking and cross -access agreement between the development and the adjacent property to the south and, then, also because the applicant is entering a development agreement with the city staff feels there is no longer merit for them to comply with the recorded planned unit development or the PD because they are changing the plan substantially. Again, here is the requirement for the landscape buffers along the perimeter of the development, which, again, is consistent with the UDC and the one item that the applicant would like you to take under advisement this evening is that buffer requirement along the south boundary, because we have two different zoning districts along that boundary, the C -G zone would require a 25 foot wide landscape buffer along the south boundary and, then, the L -O zone portion would only require a 20 foot wide landscape buffer. So, the applicant this evening is seeking a waiver from Council to reduce that buffer to 20 feet along the entire southern boundary to have a uniform buffer width along that. The applicant has received a letter from the adjacent owner on the south boundary and he's supportive of the reduced buffer, because he envisions going commercial or changing that zoning in the future as well. So, he envisions some sort of commercial in the future as well. So, he -- he's supportive of the 20 foot wide landscape buffer and I'd also mention to Council that there is an existing six foot vinyl fence along the south boundary as well that would screen the commercial development. So, those are in place. Testifying at the hearing we had Lance Warnick, which is the applicant's representative, and, then, Ron Guartney. We had Marilyn McIntyre commenting on the application and she was in opposition of the project. And Lance Warnick did submit written testimony on the application and a lot of the modifications that you see to the recommended DA provisions were a result of his written testimony. So, a few items of discussion by the Commission. One was the implementation of the cross -access driveway to the property on the south. Restricting vehicle washing facility from developing on the property and, then, discussion of how many drive-thrus would be appropriate on -- on the property as well. As I alluded to in my presentation and what's before you this evening as far as recommended DA provisions, those were items that Commission did change at the hearing, so I won't go into all those again. And other than the reduction of the landscape buffer discussed in my presentation, staff has not received -- or staff has no knowledge of any other outstanding issues for you this evening. We have not received any written testimony on the application since the Planning and Zoning Commission. I will conclude my presentation and I will stand for any questions Council may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would like to ask about the two drive-thrus if I may. The second. It's apparent from the concept plan where the first one would be and that appears that it probably is Meridian City Council April 28, 2015 Page 15 of 40 intended to be a bank building. Maybe or maybe not. The L -O zone -- okay. So, the discussion was the second could be on any of these other properties subject to the conditional use permit. Do we allow drive-thrus on L -O with a conditional use? So, this actually would be offering them something that we prohibit elsewhere, but -- should we be doing that? Parsons: Madam Mayor, Members of the Council, the intent of that provision would -- again, looking at the DA provision it was -- they are subject to whatever uses are allowed in those districts, so if it's not allowed in the L -O zone they can't propose that use. Zaremba: Okay. Parsons: So, by default of that DA provision they would only be allowed to have a drive- thru use within the C -G zoned portion and they, again, would have to go through that conditional use process because of the proximity to the residential district. Zaremba: Good. I appreciate that explanation, because I didn't want to accidentally have the applicant think that they suddenly had something that we didn't intend. So, my second question on the same subject would be don't we also through the conditional use permit require any drive-thru to be something like 300 feet from residential or -- that would kind of preclude the southern property in the C -G. Am I remembering that correctly or is that not true? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, the 300 foot threshold is -- it's not a separation between residential district, it's what triggers a conditional use permit. Zaremba: Okay. Parsons; So, if it wasn't within 300 feet it would be an administrative approval, instead of a conditional use approval, but because they are within 300 feet of a residential district both drive-thrus are going to require that conditional use. There is no way to get around it under the ordinance. They are within the R-4 zoning district along the southern boundary, so they are going to have to go through the CU process based on that measurement. Zaremba: Great. De Weerd: Okay. Anything further? Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Warnick: Yes. Thank you very much. For the record my name is Lance Warnick. I am a professional engineer with Aspen Engineers. My business address is 45 West Main, Suite B, P.O. Box 205, Kuna. 83634. I'm here tonight on behalf of the applicant GGR, LLC, to come and talk about this project that we are calling Calderwood Business Park. think -- I just first want to thank Bill for the time and effort they put on this project. I personally have been in this project -- been involved on this property with previous owners Meridian City Council April 28, 2015 Page 16 of 40 dating clear back to like 2003 and so it's nice to see that a vacant parcel gets some life again. And that's essentially what we are talking about. You know, that three acres that's located to the southeast corner of Calderwood and Meridian Road it sat idle for the last ten years. The applicants recently purchased it and would like to bring some growth and some business to the area. As Bill stated, we are asking, essentially, for four different things. The first to rezone the westerly portion of the property from L -O to C -G. The second to modify the existing conditional use permit -- essentially the CUP would go away and as a result we would enter into a new development agreement, as opposed to trying to put a list together like 24 items to put in that amendment, which I tried to do and it became very, very cumbersome. So, I appreciate staff's recommendation for just the -- for the -- the development agreement. Also to vacate a few of the plat notes to essentially adjust -- configure with the new layout of the site. And, then, also to adjust that landscape buffer on the south that Bill had talked about. I think that the staff report summarized things pretty well, but I just kind of want to highlight on a few items and hopefully I can address a few questions. I just want to note that originally, as you see this map that's up here on the screen, we were originally to leave the south portion at L -O and keep -- and, then, rezone the north portion to C -G. We thought that would help provide a buffer. But as we talked with the neighbors it -- they seemed to want to have it along Black Spur and so that was one thing from our first neighborhood meeting that we had, we took back -- we came back, we changed it, so that that C -G portion is along the highway -- which I think makes sense. You know, kind of maintaining the businesses adjacent to the roadway there. I believe the applicants have gone -- expended a lot of effort to try to communicate with the neighbors. The neighborhood meeting we had, you know, right here in the City Hall -- I don't know, we had probably 20 people show. A lot of questions, a lot of concerns. We followed up with that with a packet of information I mailed out to each one of them that talked about the specific uses and, then, we invited them back to another meeting several weeks later, so they could see the changes we have made to the plan and on that one we had maybe eight people. So, it seems with each time we communicate with them we have been able to address more and more of their comments and I think we went from a situation where people just wondered what's going to happen where I think we now have most of the surrounding areas pretty much happy with what's being proposed and that's what we would try to do. Mr. Simpson, the property owner to the south, has given a letter essentially supporting the rezone to the C -G. He's the only property that would be adjacent to that particular zone. He's also the one that would be adjacent to that reduced buffer width of going from a 25 feet down to 20 feet. You know, we looked at the recommended condition to include it on Exhibit B in the staff report and as I have stated before, we are in agreement with those recommended conditions. The map that you see before you -- one of the notes on the plat was requiring access, essentially, through Lot 5, which is kind of over on the westerly side of the property. One of the things that we have asked to do is have that, essentially, be eliminated. The goal would be to the have access to Mr. Simpson's property would be at that very south end of the property where you see that yellow line. The nice thing about that it provides more of a direct route to him to get to that back access up to Calderwood Drive. So, I think it will increase connectivity between the parcels if he does develop as a commercial property some day. Boy, Bill stole a lot of my thunder. He does such a great job. So, I don't want to beat around the bush, but just to reiterate that, you know, we think that the rezone will Meridian City Council April 28, 2015 Page 17 of 40 actually apportion the C -G in accords with the comp plan. We think it makes sense being adjacent to the highway. The three office pads that you see in the L -O, we are actually in the process of preparing plans for that as we speak and we hope to have those submitted to the city soon to just demonstrate that this project is moving forward. In fact, two of the items on your Consent Agenda tonight were water and sewer easements for the project that -- that we have got underway right now. So, we appreciate your approval of those. So, we are asking for the rezone, modifying the property, take it out of the CUP, vacate those plat notes that have been discussed and, then, allow us to have that reduced landscape width so it's consistent 20 feet along the south. And if I may, Madam Mayor, Members of the Council, in terms of the drive-thru, simply all we are asking for with the drive-thru is just have that opportunity to come back. We recognize that not every drive- thru is compatible with all locations, so if -- you know, if the owners or future lot owner wants to come in with a drive-thru they can submit a conditional use permit and the P&Z folks can judge it on the merits and that's why we are simply asking for no more than two that would absolutely be in the C -G portion. We -- we are not planning to put anything on the other zone and we recognize that that's the process. So, with that I would stand for any questions and thank you very much. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor, if I may. De Weerd: Uh-huh. Mr. Zaremba. Zaremba: Two. I appreciate your understanding the clarification on where a second drive-thru would be appropriate and where it wouldn't be appropriate, subject to the CUP. And, forgive me, when you were discussing cross -access of the south C -G process -- the south C -G property with a neighbor, I missed whether you are for that or against that. I didn't quite catch what you said. Warnick: Madam Mayor, Members of the Commission, I was probably running a hundred miles an hour. What I had stated is that the existing plat was locking us into a very specific condition that was -- yeah. Bill -- do you see he's moving it up and down -- Zaremba: Yeah. Warnick: -- on the screen at that location. What we have asked for in that modification is to have that specific location be removed. We will absolutely provide cross -access. We think it's good for us. We think it's good for the neighbor, but it's going to be more where Bill is showing the arrow right now and the nice thing about that it fits in well with this, but also if -- if he develops commercial and folks are coming to his business, it's going to be a lot easier to find looking down that driveway from Calderwood and not having to kind of zig and zag through somebody else's parking lot to get to there. So, I think it's a better process and we are for the connectivity. Zaremba: Appreciate the clarification. Meridian City Council April 28, 2015 Page 18 of 40 De Weerd: Thank you. Any other questions? Mrs. Milam. Milam: Madam Mayor. And I might just be confused, because there is -- it's been talked about in so many different places, but on the landscape buffer I'm looking at the Planning and Zoning recommendations and I'm looking at -- on this form and it -- so, on here it says there is a -- there will be a 25 foot buffer unless we reduce it to 20 feet and a -- or a 35 foot and, then, 15 foot landscape buffer adjacent to Black Spur, but on here it says ten foot landscape buffer. So, are we reducing all of the buffers or just the -- the one from 25 feet to 20 feet? Warnick: Madam Mayor, could I jump in on this? De Weerd: Yes. Warnick: Okay. Let's start from the north and kind of work our way around. So, the landscape buffer I believe that's required under code along Calderwood is 20 and we are proposing to have that stay at 20. Along Black Spur, which forms our easterly boundary, I believe the required minimum there is ten, but due to some easements and just the way we are putting the buildings, we will actually have a 15 foot landscape buffer along there. Along the south portion on that portion that is to the right of that yellow line, since it's an L -O zone, requires a 20 foot setback. Code on the portion that's west of that line in the C -G zone requires a 25 foot setback and so what we have asked is that that could be consistent along the south boundary to be a 20 foot and that's when that letter from Mr. Simpson essentially supporting that comes into play. And, then, over on the westerly boundary adjacent to Meridian Road, as Bill had stated, when the property was originally platted there was a condition placed upon the property that required a 40 foot landscape buffer. We are asking to just have that go to 35 feet, which is the width that's required under city code at this time. Milam: Thank you very much. Warnick: Thank you. Did I miss anything, Bill? Parsons: You're hired. De Weerd: And he was. Any other questions from Council? Bird: I have none. De Weerd: Thank you. Warnick: Thank you. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Good evening. Thank you for joining us. Meridian City Council April 28, 2015 Page 19 of 40 Runyon: Good evening. Madam Mayor, Council Members. My name is Bob Runyon, P.O. Box 2579, Eagle, Idaho, and I'm a member of the -- the owners. Managing partner. The only thing that I didn't hear is that we had a landscape plan ready to go on the -- what would be the east side, the office side, the didn't show any berms and when we met with the neighbors I told them I would do a berm. So, we got that drawing done and submitted with a berm. We worked with the neighbors and they were great. We met two times and other than that we took Bill's lead and tried to work through the process as best we could and Bill was good and we hope -- hope you approve our project. That's it. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: We appreciate you being here. Runyon: Okay. Thank you. De Weerd: Okay. Any other comment? Council, any additional information needed? I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we close the public hearings on RZ 15-002, MCU 15-001, and VAC 15-002. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on these three items. All those in favor say aye. All ayes. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 15-002 and include all staff, applicant, and public testimony. Milam: Second. Zaremba: Second. De Weerd: I have a motion and a couple of seconds to approve. If there is no discussion, Madam Clerk, will you call roll. Meridian City Council April 28, 2015 Page 20 of 40 Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bird: Madam Mayor? De Weerd: Item 8-D. Yes, Mr. Bird. Bird: I move we approve MCU 15-001 and to include all staff, applicant, and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Mr. Bird. Bird: Madam Mayor. I move we approve VAC 15-002 and to include all staff, applicant, and public testimony. Milam: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council April 28, 2015 Page 21 of 40 Item 9: Department Reports A. Public Works: Citywide Strategic Plan Discussion De Weerd: Item 9-A is under our Public Works Department. Kind of. It's just -- it's a citywide thing. Just Tom is tagged. Barry: Good evening, Madam Mayor, Members of the Council. I am it this evening. Sorry to disappoint. However, my pleasure to bring back this item, the citywide strategic plan, to your attention. You might recall two weeks ago the Mayor and I co -presented the citywide strategic plan draft and asked for your comments and suggestions over what was to be the -- the next couple of weeks. We did make one small change that I did send out via e-mail to all the Council members, which was a retitling change. The health and safety now ception is safe, healthy and -- or safe -- safety -- I'm confused. De Weerd: Safe, heath, and secure. Barry: Thank you, Madam Mayor. That is the only change that was made to the document. There were no comments received over the two week period that we had hoped to allow for comments. So, the document stands as it is. I'm just here -- I don't have a presentation or anything. I have no new information to share for you -- or share with you, rather. So, I'm just here to continue the dialogue just to see if this is something that we might be able to move forward to adoption, either this evening or sometime very soon after this meeting. So, with that I will turn the time over to you for conversation and stand for questions you might have. De Weerd: Thank you, Tom. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just this moment I'm remembering a question that I had earlier, so I'm sorry that I haven't submitted it, but -- and I forget which page it's on, but there is a listing of services that the city performs -- it says directly. The list does not include trash collection, which we do by contract, but I'm wondering if that somehow ought to also be acknowledged as a city responsibility in that full list. And I would say recycling and trash collection, actually, to emphasize the fact that we do have a recycling program. But that's a question, not a statement. Barry: Madam Mayor, Councilman Zaremba, that is a good catch. The services via Republic Services in the form of recycling and trash collection are not listed as either a direct or indirect service that you receive. Apparently an oversight on our part. And with the Council's approval I would recommend, therefore, that we include not necessarily Republic Services as a provider, but that we do have other partners that provide recycling Meridian City Council April 28, 2015 Page 22 of 40 and trash collection services and we put that at the top of page five with the other government partners and nongovernment partners that provide services to the city. Bird: I agree with you, Tom. Milam: Yes. Barry: Great. I will make that addition then. De Weerd: Thank you. Any other comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe kind of dovetailing off of David's point -- Tom, can you explain the thought process about -- there is a lot of things that are in our strategic plan that are things that we -- we are already doing and I'm just -- and in my background strategic plans have always been about the -- the next step that we should be doing that we currently aren't. Talk to me about why we are talking about things that we are already doing as part of our planning process for the future. Barry: Madam Mayor, Councilman Cavener, the intention is not to wrap or operationalize existing activities into the strategic plan. However, some of what you might be picking up are activities that we might want to do better, for example, or activities we want to expand or areas of service that we provide currently that we would like to expand into the future. So, the idea behind this strategic plan draft is to identify those and to, essentially, communicate those expansions of either service or quality or delivery or whatnot, so that it's clear that we intend those advancements in those areas. It is sometimes confusing when you see an item that appears to be something we already do without some of that context to know that it might be something we want to do better or in a different area or with a different partner and so on and so forth. Cavener: Madam Mayor? To that point that's been my biggest challenge with the plan is that there is -- there is a lot of ambiguity to it. I find myself time and time again saying, well, who is doing this. Barry: Uh-huh. Cavener: Who is responsible for this. Is this something that we as a community want to occur or is this something that we say the Public Works Department need to be taking the lead on or the Council needs to be focused on? And when I go through I count a lot of who's and so, again, is that intentionally done to keep things ambiguous and, if so, why? De Weerd: Well, right now it's really -- you have a document that's 30,000 feet level. Before each of the departments took this and identify roles and started to develop key Meridian City Council April 28, 2015 Page 23 of 40 performance indicators, that we can measure success and put a tactical plan together around, those items will be further flushed out, but right now we didn't want to move forward with that level of effort until we knew we were on the right track. Cavener: Okay. De Weerd: Do you have anything you want to add to that? Barry: Madam Mayor, I think you have handled that well. The ambiguity -- there is no intention for ambiguity. We are relying on the tactical plans which will follow these broad goals and objectives to provide that specificity. Cavener: Madam Mayor, one more question. De Weerd: Mr. Cavener. Cavener: Some of these are -- there is much more flushed out and there is some that are maybe at a 30,000 foot view and sometimes I feel like at 40 or 50 thousand foot view, but responsive government was the one that I naturally sunk my teeth into a lot and I had a question about Item D, number four. I'm not quite sure what that means. What -- evaluate the need for centralized professional administrative operational oversight for city functions. Barry: Excellent question. Cavener: That can be drawn a lot of different ways. Barry: It can be. And there isn't a prescription here that would suggest that we have any particular way that we would like to go. The intention behind D-4 under responsive government, as you read, is to, essentially, evaluate if this city has grown and matured enough in its administrative and operational component to justify the need of additional assistance at that level -- at a higher level professional, like a city administrator type of level. So, that it was intentional to have all of the department directors and the Mayor and the City Council begin to evaluate whether or not that was something that we wanted to entertain as a city going forward. As you know, when the Mayor -- I think this is correct, Mayor, I wasn't here when you first took your first term, you were the first full-time mayor; is that correct? • 7 • Barry: No. De Weerd: The mayor prior me -- two years -- the remaining two years of his term was full time. Meridian City Council April 28, 2015 Page 24 of 40 Barry: Okay. So, a full-time mayor position two years prior to the Mayor's terms. Exactly. The community continues to grow. There are over 20 cities in the state of Idaho operating with a city administrator right now. There is a city manager operating in Twin Falls. We are not prescribing that -- that outcome. All we are suggesting is is there a way to align better some of the administrative and operational functions with a professional administrative arm of the city that would work part -- in partnership with the City Council and the Mayor -- is that a model that is something we want to entertain? Is it a model that has any meaning or merit for the city and if it's not that's fine, that's why it's a strategic objective to evaluate. So, that was the point behind -- or the purpose behind that particular section goal I should say and objective under the responsive government section of the strategic plan. De Weerd: Kind of like explore district for City Council. It's -- it's pretty broad, it's -- as we start to really roll up our sleeves that's when you have the more in depth -- Cavener: And that particular one -- I mean that one made sense to me. I wasn't bright enough to figure out what -- that particular one. But that was my assumption, but I didn't want to move forward with the assumption if that's what we were talking about, so -- Barry: Thank you for your question. De Weerd: Okay. Any other questions? Good questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Oh. Go ahead. Cavener: Madam Mayor and Tom -- so, what are the next benchmarks if we were to adopt this tonight or in the relatively near future, what do you envision as the next step and when is the next time that we as a Council are updated on this? I know when you presented it two years ago -- or two weeks ago you had mentioned, you know, the strategic group would present an annual update. Barry: Uh-huh. Cavener: I would assume we would be hearing more about this, oh, before a year from now. De Weerd: Oh, yeah. Barry: Yes. For sure. So, the intention behind -- and I -- I can't speak for all the directors or the Mayor, but I can tell you at least my impression of the process as to where we are today is that we are looking for adoption of this particular broader goal adopted as a strategic plan. Once we get that adoption the department directors will be put on notice Meridian City Council April 28, 2015 Page 25 of 40 that they need to align their resources and their finances and develop tactical plans which will support, essentially, this particular strategic plan. Those tactical plans will provide the specificity that you have actually commented on, Councilman Cavener, which would include things like who is going to be the lead, what is the priority of the -- of the tactics. Are they going to support the objects and the goals of this particular plan. When are they going to get done. What is the general cost for those types of things. All of that detail would be generated -- pulled together. Once that occurs -- and that could take some time to put together. I can tell you from my experience in the Public Works Department that it took between six and nine months for us to do. So, we -- we may be able to accelerate that. We might not. I can't comment on that -- that component at this point in time. But what I can say is that that process will have to be one that every department director work closely with the Mayor on, too, and, then, once we develop those tactical plans, then, we would bring those back to the City Council and show the City Council how we intend to, essentially, operationalize the plan. At that point we would begin implementation of the plan and that would start our calendar year period for review. That's at least my impression as to how things would roll out and I yield to the Mayor if she would like to modify that or correct that. Cavener: Follow-up question, Madam Mayor? Tom, during this process, then, let's say six months from now a new goal for one of these sections emerges. Is this liquid? Are new goals added? Are things dropped? I mean what's -- what's your vision on what that process would look like or once we adopt it are things kind of locked in stone? Barry: Uh-huh. Well, I can give you my impressions and recommendation on that front, but, again, I would -- I would want to make sure that I had the support of the Mayor and my colleagues, the other directors. But, essentially, I would imagine that in the annual review we would provide updates as to progress on attainment of the goals and objectives in the plan and if the plan had become -- say, for example, out of date or needed modification, for example, this goal -- we tried to do this, it doesn't make any sense, we'd like to take this goal off or take this objective off, this is a different objective that we'd like to place back on. But that would follow the same process as the annual update, meaning that at the time the annual updates occurred with the City Council, the City Council would also be presented with modifications to the plan for the next period. That way the Council's always made aware as to what's going on in the plan, where progress is in the plan for the things that we have committed to pursue and where those things that we thought we would like to pursue, but maybe didn't quite workout under evaluation or under some other analysis need to come off and, alternatively, with some new opportunities that we didn't see -- at least at this point in time might be able to be included. But because this is a high level document my opinion is that the Council needs to be informed -- at least annually and also be in alignment with any changes that might be proposed. So, essentially -- almost like a readoption process on an annual basis. Now, I would caution the Council in this way: It is very important while -- while I won't stand here and say that everything is locked in stone, we do need to make sure that we are committed to what at least we know and have identified as today's path forward. If this plan gets undermined every three months or six or whatnot, then, it's not really a strategic plan. It doesn't guide us to do anything. So, there is a certain level of tolerance for modification, but at the Meridian City Council April 28, 2015 Page 26 of 40 same time this plan has to transcend even Council changes, for that matter. This is not necessarily this City Council's plan, this is the community's plan and so we want to make sure that there is synergy, that there is alignment, and there is direction that continues even when council members come and go, mayors come and go, department directors come and go and certainly staff comes and goes. So, we feel like because this is a community document it needs to have some continuity in time in order to insure that we will be progressing toward the targets we have at least identified for ourselves today. Cavener: Madam Mayor. Sorry. I appreciate your comments and I'm happy to hear that. You said something, though, that kind of -- to quote Councilman Zaremba, it may be a sideways question, but if something is or isn't successful, who is the one that's deciding that? Is that the department director that's involved in that? Is it strategic subcommittee? Is it the overall larger picture? Is it the Mayor? De Weerd: It's the conversation that we had at this level. That's when you come back for your update and you -- you say here are the milestones that have been reached and -- and let's discuss the variances. So, you're over, under, and what -- you started down a path and this is what you learned and this path is not what it first seemed and you have that conversation. So, no, it's -- it's the leadership team. It's the directors. It's the people that are sitting up here and I think that's the value of that -- that conversation. Cavener: I think that's it for my questions. Thank you. De Weerd: Okay. Mr. Bird. Bird: Yeah. I -- I would have no problem moving on. I don't agree with it a hundred percent, but there is one thing about it, the Council's always got the pocket book. So, I -- but with a third of our Council gone tonight I -- I would like to do it, Tom, when we have six guys here. Barry: Uh-huh. Bird: Six people. That would be my -- but I -- I'm willing to -- myself personally, but I think we need to -- De Weerd: When we -- when we set this out we didn't know we were going to have -- Bird: I know, Tam. I know it. De Weerd: -- two people missing, so -- it -- it wasn't intentional. Bird: But one week isn't going to hurt us. De Weerd: No, it won't. But we did want to have the conversation, entertain the questions, again encourage if there is -- if you are not bought in, Mr. Bird, we need to have that conversation. If there is something on there that concerns you, we -- when you Meridian City Council April 28, 2015 Page 27 of 40 say we agree that these are the directions we want you to explore, you may not believe one hundred percent, but who knows what that outcome is going to be. We will come back again and you will see what the measurements are, you will see more an operational plan that supports this, then, you know, maybe those conversations -- Bird: My philosophy is is we as a city do a very sufficient job of covering what we as a city should be covering. A strategic plan to me is let's make sure we do it in a better way and a more efficient way. Let's don't add a bunch of -- a bunch of added things that we probably don't even need to be putting our noses into. That's my way of thinking on a strategic plan, so -- but I think I have always been one that if I had been on the negative side and it's come out and I'm the negative one, when I walk out of here I'm with the positive ones, I have never ran to the press and said anything, you know, or anything like that and I never would, so -- anyway, that's my thought. Zaremba: Madam Mayor? De Weerd: I'm not sure what he just said, but -- Bird: I don't know if I know what I said. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I would comment that I may be interpreting this differently. I look to a strategic plan to be a future document for us to determine what direction do we want to go. It kind of starts where we are already and -- and says that's fine for 90,000 citizens, but we know that there are huge changes coming -- the kind of changes that we have had in the last ten, 15, 20 years are going to keep happening and -- and the way I describe it is it's like climbing a ladder, every step up the ladder or every 10,000 more citizens -- but every step up the ladder you see a little farther over the horizon and you see something you didn't see on the lower rung and things are different and I -- I look to this document and this process that surround this document as a way to start trying to anticipate each of those steps up and what we are likely to see when we get there, because there are other people in the world that are ahead of us and to say, okay, what do we need to do about that -- some of which we need to do right away to get ourselves going the right direction and some of it we don't need to do until we have got 110,000 citizens. But by that time maybe we do need to do it. And so I guess I interpret the strategic planning process is how do we prepare for that future. But that's kind of what I'm hoping this will do. De Weerd: It is. It's a road map and it's -- if there are things on here that you do not agree with, we need to have that conversation, because before we start down a road where staff believes they have a clear picture of the direction they are going and they start putting a lot of effort and resources behind that, we want to make sure that's actually what has been approved. So -- Meridian City Council April 28, 2015 Page 28 of 40 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You just kind of stole what I was about to say, but that's all right. No. So, the way I see this is as -- De Weerd: You can have it back. Milam: -- a road -- it's a road map. But not only for us, but for the future us, because Tom isn't going to be the head of Public Works forever. I'm probably not going to be on City Council forever -- De Weerd: Yes, you are. Milam: -- and so it's a starting place and that's why it has things that we are currently doing -- not because we have to plan for what we are currently doing, but we could paint a picture of what is going on and what needs to happen, so that it makes it simpler for everybody who comes along after us to just pick up and continue making it better. That's my -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I don't disagree with that. Don't get me wrong. I think you need strategic plans and stuff. But I -- I think there is a point to where -- and it's a philosophy difference. I believe that government can grow too big and while you have your strategic plans to make sure that what -- what you are charged by ordinances and laws, state statutes and stuff to do, that you do it right and you do it efficient and everything, but I don't think you need to be out dreaming up stuff to do. I don't see this as doing that, don't get me wrong, and I think we would do this in a resolution, am I right, Mr. Nary? So, it's not going to be an ordinance. So, I have no problem with it. I don't agree with it a hundred percent, but I don't think everybody would want everybody to agree a hundred percent. But, anyway, I don't disagree with what the strategic plan stands for, but I think we just need to make sure that we do everything that we are charged to do as a city right and we are doing it. I have probably seen this thing -- Charlie and I have probably seen this thing -- this city go harder and faster than anybody sitting up here or in this room and I watched a bunch of employees work their rear ends off just to keep their eyeballs above water back in the -- from '96 to 2002. So, we have the basis, Tom, and we got brilliant people working for us. So, the strategic plan I have no problem with it. I might disagree with some things, but that's me. Anyway, I would like, Madam Mayor, to have this done when we have six people here, so that everybody buys into it -- buys it on sight into it. De Weerd: Uh-huh. Mr. Cavener. Meridian City Council April 28, 2015 Page 29 of 40 Cavener: I don't want to reopen this up, because we may be discussing it more down the road, but just -- because I did see it reflected here in the -- the plan. You have the strategic planning team, but, then, you have a -- a sub group within that; is that correct? Like a -- I don't know, like a -- not like an executive leadership team, but like a strategic group within this; is that correct? Barry: You might be referring to the subcommittee -- the strategic planning subcommittee. Cavener: Yes. And who was on that again, because I don't see it reflected anywhere. Barry: You bet. So, that would be myself, the Fire Chief Mark Niemeyer, Robert Simison, and the Community Development Director Bruce Chatterton. Cavener: Follow up? Again, we are not talking about individuals or positions, it would be the intent that if any of those people in that capacity were to leave, that their predecessor -- or whoever would follow them would also serve in that capacity, so it's more of a -- De Weerd: No. Cavener: No. De Weerd: No. It's a group that -- there is a lot of work in that and you try and get ten people around the table doing it, it was a smaller -- it was more of a working group and it was a group that kept everyone meeting their deadlines and following up on the things that they needed to follow up on, so -- Cavener: Well, just -- Madam Mayor. Sorry. Question. De Weerd: Uh-huh. Cavener: Would this group have, then, an active role as this process progresses or since we have received this document once we adopt it, does that -- the need for that group no longer exist? De Weerd: That is yet to be determined. Cavener: Fair enough. De Weerd: That's the TBD part of it. To be determined. And certainly there is going to have to be oversight and I will ultimate -- I ultimately own this and will -- we will have an updated process to our senior management team to keep each other on task and meeting deadlines and those kind of things. So, I can't completely answer you on what that structure will look like, so -- but at this point that's all I can share. Unless you have something that I haven't -- Barry: No, Madam Mayor. Meridian City Council April 28, 2015 Page 30 of 40 De Weerd: -- dreamed up yet. Barry: No. I think you handled that well. Thank you. De Weerd: Okay. Anything else? Okay. We will put this again on the agenda next week and have further conversation. Zaremba: Who will be here? De Weerd: You four will be here; right? Okay. Milam: Plan on it. Barry: Thank you for your time. B. Public Works: Approval Change Order No. 1 to HDR Engineering, Inc. for the "NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE" project for a Not -To -Exceed amount of $96,000.00 De Weerd: Thank you. Okay. Item 9-13 is under our Public Works Department. Mr. Barry. Stewart: Madam Mayor, Members of the Council, sorry. My boss was talking to me and I was paying attention to him. De Weerd: And his was talking to him. Stewart: This is a -- as you guys know, we have been having HDR -- it's a consulting firm here in town -- offer and provide support for us through the NPDES permitting process, as well as the TMDL development process. They have done that in several different ways. One, they have been, essentially, a voice -- HDR, specifically Dave Clark with HDR, has got a very good rapport and good connections with the EPA and he has been key in helping us to discuss and negotiate and get an NPDES permit that we feel although is not exactly what we would like, appears to be -- although we haven't got the final draft yet, but we have got the preliminary draft -- appears to be reasonable and something that the city can live with. In addition to that, the TMDL process, which we have been involved in extensively -- specifically HDR has been involved in the modeling that's going along with that and Clint Dolsby has been a key individual, he's been on that committee. He is now the -- actually, the chair of that TMDL group. They have been working very hard to try and make sure that the strategies, the technical strategies that have been used are those that are going to provide the -- the most reasonable outcome -- best possible outcome for the City of Meridian. That TMDL process has been accelerated and we do anticipate that the TMDL is going to come out for public comment here in the very near future. We also anticipate -- we have been told that the NPDES permit for the city is going to be issued shortly thereafter in combination with the -- the NPDES permits for Nampa and Caldwell Meridian City Council April 28, 2015 Page 31 of 40 and we need the HDR's ongoing support technically and also their expertise in negotiation and strategy with the EPA on all of those fronts, because we do anticipate that we will probably have to provide comment not only on our own permit, but on the TMDL process and also the Nampa and Caldwell permits as well, just to insure that we get a fair deal out of all of this and this change order is for the 2015 -- continued 2015 services for HDR to provide that ongoing support. Now, if things go smoothly and we get, you know, really favorable results out all of those things, we certainly hope that we won't need all of that. But based on what we believe could occur, this scope of work has been put together and that's the need for the change order. And with that I will stand for questions. De Weerd: Thank you, Warren. Council, questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, what was the original contract? Stewart: I don't know off the top of my head, to be honest with you. Bird: I couldn't see it in here either. Stewart: I -- it was -- it was I think around 300 -- yeah, 300 and some thousand, but I can't remember the exact number. Bird: Okay. I'm sorry, it is there. Yeah. Thank you. De Weerd: Any other questions? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve change order number one to HDR Engineering for the NPDES permit strategy and technical assistance project for a not to exceed amount of 96,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: Okay. Those were some enthusiastic ayes. Meridian City Council April 28, 2015 Page 32 of 40 MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Parks & Recreation: Agreement with Meridian Tennis Association for Use of Settler's Park Tennis Facilities De Weerd: Okay. Item 9-C is under our Parks and Recreation Department. Good evening, Mike. Barton: Good evening, Madam Mayor, Council Members. We have an agreement for use of Settlers Park tennis facilities for your consideration this evening. The reason we are bringing it in front of you is two part. Number one, we want to recognize the effort of the Meridian Tennis Association and the partnership that we have had in developing the tennis court complex. They have been at the table doing design. As you know, they -- their first vision was an indoor complex and the challenges of fundraising kind of doomed that project and -- but we went ahead and with their help cut the ribbon on the seven court tennis court facility last week and not only did they help us through design, but they have -- they helped us obtain two different grants, one for 7,500 dollars from USTA and another from Idaho Tennis Association for 1,000 dollars. So, what we would like to do in appreciation of their efforts is offer them six weekend tournaments -- it would be held between June 1st and July -- two tournaments for three years for a total of six tournaments at no charge. We have kind of structured so we have a definite beginning and end to this appreciation recognition and also offer tournament during time when the park is not quite as busy as it is in the spring and fall with flag football and Meridian Youth Baseball. So, with that I will be happy to answer any questions you might have. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have questions, I just want to make a public statement that our ribbon cutting out there really showed what a fine facility, Mike, and I know it -- it's the effort of all the parks and everything, but I know you're the leader of that park and that is one of the finest facilities I think -- I think we have got great facilities throughout the city. Everything we have done has been first class and it shows. It still does. But those tennis courts are some of the finest facilities I think I have ever seen and it -- and our parks look -- I mean our Parks Department does such a great job, I just -- you just bust with pride when you drive through those things and I -- I just can't thank you guys in that department enough for what you do and -- Barton: Appreciate that. Bird: -- I mean you're the face for the City of Meridian and you make us elected officials look awful good. Thank you very much. Meridian City Council April 28, 2015 Page 33 of 40 Barton: Appreciate that. De Weerd: And that's hard. Barton: You make us look good. De Weerd: No. We appreciate just what Mr. Bird said. The pride that the staff takes in the facilities that they are assigned to, they own, and they wear responsibility like a badge of honor. I mean kudos to Debbie and -- because I know her heart and soul is in that park, but if you will, please, pass along Mr. Bird's comment and our appreciation from the entire Council. Barton: Certainly will and, in fact, right after the ribbon cutting I sent Debbie a message that said: Good job. The park looks great and it was well received. So, we -- we recognize their efforts and we pass it along every chance we get. We really -- our staff owns -- like you said, owns their area of responsibility and it's -- we have a good thing going. De Weerd: Yeah. And seeing those -- those kids out on the lower courts was just awesome. I mean that was awesome, so -- Cavener: Madam Mayor? De Weerd: Yes. Cavener: Quick question for you, Mike. What would be the total amount of fees if they would have had to pay those for this event? For their six events that they would have scheduled. Barton: Yeah. Madam Mayor, Councilman Cavener, the total amount -- each tournament would be approximately 300 dollars in reservation fees. So, 1,800 dollars. Yeah. Cavener: That's what I thought. I appreciate that. I think it's showing that it is a great partnership, that they are giving a lot and this is great. Thank you. Barton: Yeah. De Weerd: Okay. Any other questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 28, 2015 Page 34 of 40 Bird: If there are no other questions, I move that we approve the agreement with the Meridian Tennis Association for three years of two tournaments per year without a fee charge and for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: I really did like the enthusiasm behind this one, so -- passes. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Community Development: Budget Amendment for Additional Spending Authority Based on Contributions from Meridian Development Corporation (MDC) and the Meridian Chamber of Commerce for Pegasus Multi -Use and Event Center in the Amount Not -to -Exceed $15,500.00 Approved E. Community Development: Approval of Change Order No. 1 to Pegasus Planning and Development for the "Project Development Plan — Multi Purpose Event Center" Project For A Not -To -Exceed Amount of $7,000.00 De Weerd: Item 9-D is under our community -- D and E is under our Community Development Department. So, Bruce. Oh. And just -- I know most of the Council knows. I don't know if Mr. Bird knows. But congratulations, Bruce, on your engagement and -- Bird: Congratulations. Chatterton: Let's see if I can actually go from there. Threw me off, Mayor. Items 9-D and 9-E are financial housekeeping for the multi -use center project development plan. You will remember that you originally budgeted and gave spending authorization for 30,000 dollars for this project from the city. In the meantime we received contributions. We are really appreciative of those contributions from MDC and the chamber and those totaled 15,500 dollars. So, that revenue -- that contribution is Item 9-D. So, that's the first piece of this. Also you may remember back when Sean Garritson with Pegasus was giving his final presentation, we talked a little bit about -- we took a little bit of a breather -- about a two week breather on the project to take a close look at it and not rush to a final presentation. So, we took two or three weeks to do that. I also made the call to request an additional trip from Sean to talk to stakeholders more to flush things out more, to get more detail for the recommendations. So, 7-E is the change order for that work. So, with the contributions from our partners the city to date has spent 21,500 dollars on this project Meridian City Council April 28, 2015 Page 35 of 40 and, or course, under the 30,000 dollar cap that you originally placed on the project. So, I did have one other thing I wanted to mention, but are there any questions about that piece of it? De Weerd: Council, any questions? Bird: I have none. Chatterton: I wanted to mention that we would like to get some additional assistance from Pegasus as we move through the RFP process, both in helping write portions of the RFP to make it more effective with developers and also to help us review and assess the proposals that we actually get back from developers. That change order is not before you tonight. It will probably be in the amount of -- it will be coming up in an upcoming agenda. It will be in the amount of 8,500 dollars. We would still -- that would bring us to 30,000 dollars total spending from the city, which, of course, was our original budgeted amount. I wanted to mention that and ask if there are any questions about that before you see that on an upcoming agenda. De Weerd: Any comments, questions? Okay. Chatterton: Thank you. De Weerd: So, Council, in front of you are two items that need action. So, do you have any further questions, please, let us know or do I have a motion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we accept the budget amendment for additional spending authority based on contributions from MDC and the Meridian Chamber, for Pegasus multi -use event center in an amount not to exceed 15,500 dollars. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-D. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? Meridian City Council April 28, 2015 Page 36 of 40 De Weerd: Mr. Cavener. Cavener: I move that we approve the change order number one to Pegasus Planning and Development for the project development plan multi-purpose event center project for a not to exceed amount of 7,000 dollars. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-E. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Fire Department: EMS Standing Written Orders App Development Agreement De Weerd: Item 9-F is under our Department -- our Department Reports for Fire. Niemeyer: Madam Mayor, Members of Council. Thank you. I'm going to sit over here and do this. It should be pretty quick. But I do want to pass on and echo Chief Lavey's comments about Baltimore. We have colleagues in Baltimore and so our thoughts are out with them, along with the elected officials of Baltimore. That's a heck of a situation. But it struck me today -- if you have seen pictures there you have seen the riot police surrounding firefighters as they try to put out fires and I know a few folks in Baltimore and that's not a natural thing for those agencies. They don't necessarily get along very well. And today I had the opportunity -- I went to a two alarm structure fire on Franklin and Battalion Chief Shaul got there before me, so he assigned me as traffic control, a very stressful job, until law enforcement got there and long story short is I have spent 21 years in public safety and if there is one thing I know law enforcement loves is for us to get our stuff off the road, so they can get traffic going again. Am I right? So, I went up to the officer and I said, hey, we are working hard to get our apparatus off the road and we will get it off as soon as we can and this officer looked at me and said, chief, don't worry about it, we are here for you. Whatever you need you got it. And I thought that was cool. So, just pass on that story. It's just another great story of cooperation between our two departments. So, with that before you tonight is an agreement with Wolf Apps, LLC, to digitize our standing written orders to be able to put them on electronic devices. This is something IT cannot do. We did confer with them. It's been planned for for a year. It's in our existing budget, so there is not money added to it. It is heavily supported by our two medical directors. Just a history. In the past we have always printed off hard copies of these and several of them for all of our providers. The medical directors meet quarterly, Meridian City Council April 28, 2015 Page 37 of 40 so about twice a year we have changes to our protocols, which causes a reprint If all of those hard copies and so this is going to digitize that. The agreement does allow for updates to be made as well. So, it's, essentially, an iPad app, an iPhone app, an Android app that those automatic updates happen just like you would with any other app. So, that is the request and we are looking for your approval. De Weerd: Thank you, Mark. Council, any questions? Bird: I have none. De Weerd: Okay. Bird: Seeing Joe isn't here -- Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the change order -- or the agreement with Wolf Apps, LLC, and for the Mayor to sign and the Clerk to attest. Milam: Second. Zaremba: Second. Cavener: Second. De Weerd: I have a motion and everyone second it. Madam Clerk, will you call roll. Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. G. Legal Department: Ordinance Updating Provisions Of Licensing, Permitting, False Alarm, And Parking Codes De Weerd: 9-G is under our Legal Department. And this will be just a couple minutes? Nary: Thank you, Madam Mayor. We certainly hope. Thank you, Madam Mayor, Members of the Council. What you have in front of you that we would like to bring forward at a future meeting is periodically we collect a lot of information from our departments on outdated ordinances that we have or things that need to be modified and all of the ones that are in this ordinance are what we consider to be fairly small changes. We have vetted them through the department. Again, I could briefly go over what the changes are for the record. One section repeals the massage therapist license. We used to require Meridian City Council April 28, 2015 Page 38 of 40 that as a city license. The state actually requires it now for a state license, so it's duplicative for the city to do that, so we have removed that section. One section repeals the open burning provisions. We previously required permits to do open burning within the city. They actually eliminated that a number of years ago. They don't require that any longer and the open burning is covered by the International Fire Code. So, it's still enforceable under our city code, but we don't' require permits any longer. The next section removes the planning divisions from the firework stand application workflow. Firework stands are required to get permitted through the city, but we route them also through planning. Well, the planning very often doesn't have any comments for them. What we found is it's more effective if they find issues with them either at the inspection level from fire, they will, then, bring them to planning's attention as part of the fire inspection. So, not wanting to slow the process down by having it go through the planning department when it's not needed. We are changing the deadline for the fireworks stands. The current deadline for winter is June 1. Most people don't think about putting up a fireworks stand in June for December, so now it's December 1, because it makes more sense to people. It used to be in the past that the fireworks stand requirement for the summer in July was in April and most people in April don't think about what they are going to do in July and so we shortened that time up and moved it up earlier. This is just catching up with the winter one. Another section adds the public fireworks display permit application requirement that the applicant describe the number and types of mortars and ignition sources they are using. So, again, our fire department knows what they are doing and where they are . doing it. We also changed the public fireworks display permit application from 45 days in advance to 30, again, for the same reason, it's when people start thinking about doing those projects and that's an adequate time for us to have time to review the plans, review the request, and inspect the sites. We added the fire department to the false alarm section. Currently under our false alarm code there is a charge that you can have for having too many excessive false alarms, but it doesn't account for the fire alarms. That didn't make any sense to the fire department or the police, because they certainly have the same cost and expense in responding to false alarms. So, it adds the fire alarms in to that. The police department recommended we conduct background checks on new pawn brokers. So, we did -- we added that section into the broker ordinance. It's not for the ones that are renewal or already existing, but it's for new people entering that market. To be honest, I don't know how many people enter the pawn brokering market these days, but if they do we certainly want to make sure we do an adequate background check. The pawn broker licenses also are specific to the locations. As you recall a few years ago we changed that. We also have computer systems that are required that are a part of this system, so, again, it's related to the location, as well as the -- not the individuals. Clarified also with state law. Our federal prohibits us from requiring written records of regulated pawnshop transactions, so certain things at the federal government doesn't allow us to collect we have deleted it from the ordinance, so that way we aren't going to be in violation. The last one is one to remove the parking time limits for law enforcement or public safety types of equipment, because we -- if you recall our trailer requirements is a trailer has to be attached to a vehicle, then, it's allowed to be on the street. But that also would, then, apply to the speed trailer and would require to any trailer that's used for road diversions, road closures, those types of things. Obviously that wasn't what was intended. We weren't really trying to not deal with public safety or roadways Meridian City Council April 28, 2015 Page 39 of 40 things. So, this just exempts those from that. So, a very quick few minute summary, but those are all we think fairly minor, the things we have collected probably over the last year, Mrs. Kane does a good job of tracking all of those and, then, putting them into one ordinance so we could bring it forward next week or the week after, whatever is your preference. De Weerd: Thank you. It's very nice to see common sense and simplicity trying to weave its way and find those kind of archaic pieces in our ordinances. So, please, extend our thanks to Emily. Nary: I will. De Weerd: Any questions from Council? Okay. Then, we will bring that forward. Nary: We will bring it up next week. Item 10: Future Meeting Topics De Weerd: Okay. Any items for Item 10 for future agendas? Bird: I have none. Item 11: Executive Session Per Idaho State Code 67-2345 (1)(a)(d)(f): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Okay. So, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a),(1)(d) and (1)(f). Zaremba: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Meridian City Council April 28, 2015 Page 40 of 40 Roll Call: Rountree, absent; Bird, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. EXECUTIVE SESSION: (7:50 p.m. to 8:52 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Do I have a motion to adjourn. Bird: Move we adjourn. Milam: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 8:52 P.M. LE OF THESE PROCEEDINGS) MAYOR A Y de WEER DATE APPROVED Teonu ATT ST: CP 0",p,?,D City of JA CEE LMAN, CITY CLERK DIANA-- IDANO °r SEAL A