HomeMy WebLinkAbout2015-04-28 CITY COUNCIL REGULAR
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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
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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
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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
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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?
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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)
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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