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HomeMy WebLinkAbout2015-10-20Meridian City Council October 20, 2015 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, October 20, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree Keith Bird, David Zaremba, Genesis Milam, Joe Borton and . Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Josh Beach, Kyle Radek, Scott Collaiani, Perry Palmer, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba X _ Joe Borton X___ Charlie Rountree X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I would like to welcome all of you to our City Council meeting. We always like to see, in particular, young faces in the crowd, so thank you to our scouts. And I assume that you're here for extra credit in high school government or -- good luck. Okay. We will welcome you. For the record it is Tuesday, October 20th. It's two minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He is with Calvary Chapel. I would invite you to join us in the community invocation or take this as an opportunity for a moment of reflection . Again, always nice to see you. Drake: Me, too, Mayor and Council Members. Let's pray. Lord God in Heaven, we just wanted to acknowledge in this brief prayer time here that you are good and we just thank you for your kindness and your grace towards human beings and that we have it here tonight, Lord, and also that you are greater than all the nations and governments of earth and, God, that we can look to you for the answers, that we don't have to trust in mankind and, Lord, we also just thank you that -- for your wisdom and you're more wise than anyone or anything and, Lord, I just pray for -- for tonight that you would just grant your Meridian City Council October 20, 2015 Page 2 of 20 wisdom and goodness to these servants of ours, elected officials, so that they can make decisions that are based on true and good and righteous things and, lastly, Lord, we just want to pray for our city tonight, those servants who watch over things, the police and fire and so forth and, God, you keep them safe, as well all of the citizens of Meridian. We thank you for this great town that we have and we pray that you would just bless it, Lord, and last, God, I just also pray for those who are hurting and hopeless in our city and that they would find you and your grace, God. So, thank you ahead of time for what you're going to do tonight and for these precious people, in Jesus' name we pray, amen. Thank you. Bless you guys. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agenda with the following additions. Item 7-A has been requested to continue to November 17th and Item 7-C has been requested to continue until October 27th and Item 9-A the ordinance number is 15-1663. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of October 6, 2015 City Council Meeting B. Findings of Fact, Conclusions of Law: PP 15-015 Trilogy ` Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Preliminary Plat Approval Consisting of One Hundred Forty-Four (144) Single Family Residential Lots and Nine (9) Common Lots on Approximately 28.16 Acres in the R-8 Zoning District C. Findings of Fact, Conclusions of Law: MDA 15-009 Trilogy Subdivision by Conger Management Group Located Southeast Corner of W. Chinden Boulevard and N. Black Cat Road Request: Modify the Recorded Development Agreement (Inst. # 107025553) for the purpose of updating certain sections of the Meridian City Council October 20, 2015 Page 3 of 20 DA to reflect the design changes to the proposed Trilogy Subdivision D. Final Order for Approval: FP 15-032 Normandy Subdivision No. 1 by Schultz Development Located 4145 S. Locust Grove Road Request: Final Plat Approval Consisting of Forty-Four (44) Building Lots and Seven (7) Common Lots on 11.03 Acres of Land in the R-8 Zoning District E. Final Order for Approval: FP 15-033 Paramount Subdivision No. 30 by SCS Brighton LLC, Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Consisting of Fifty-One (51) Building Lots and Two (2) Common Lots on 16.49 Acres of Land in the R-8 Zoning District F. Findings of Fact, Conclusions of Law: AZ 15-009 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Annexation and Zoning of 16.08 Acre of Land from the RUT Zoning District to the R-8 Zoning District G. Findings of Fact, Conclusions of Law: PP 15-014 Creason Creek Subdivision by CS2, LLC Located Near Southeast Corner of N. Linder Road and W. Ustick Road Request: Preliminary Plat Approval Consisting of Fifty-One (51) Single Family Residential Lots and Eight (8) Common Lots on Approximately 15.75 Acres in a Proposed R-8 Zoning District H. Christmas in Meridian 2015 Sponsorship Agreement Between Commercial Tire and the City of Meridian for a Not-to-Exceed Amount of $750.00 I. Agreement for Professional Services with Kathy Drury-Bogle Consulting, LLC for Human Resources Consulting for FY2016 for the Not-to-Exceed Amount of $24,000.00 J. Asset Transfers from Meridian Heights Water and Sewer District to City of Meridian Documents to be approved include: 1. Bill of Sale for Personal Property and Accounts 2. Quitclaim Deed for Water Rights 3. Quitclaim Deed for Meridian Heights Well Lot 4. Quitclaim Deed for Kentucky Ridge Well Lot Meridian City Council October 20, 2015 Page 4 of 20 K. Approval of Task Order 10614.A to JUB ENGINEERS, INC. for the “BLACK CAT TRUNK SEWER – PHASE 5 - DESIGN” Project for a Not-To-Exceed amount of $214,747.00 L. Approval of Award of Bid and Agreement to POST DRILLING, INC for the “ABANDONMENT OF MERIDIAN HEIGHTS WELL #1” Project for a Not-To-Exceed amount of $89,000.00 M. Water and Sewer Easements from Meridian Heights Water and Sewer District - Notice of City of Meridian as Successor Grantee after dissolution of District N. Verrasso Village Water and Sewer Main Easement O. Southern Highlands Sub. No. 1 Water line Easement P. Southern Highlands Sub No. 2 Water Line Easement Q. Subrecipient Agreement Between City of meridian and Boise City Ada County Housing Authority for PY2015 Community Development Block Grant Funds for a Not-to-Exceed Amount of $50,000.00 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Move that we approve the Consent Agenda as published, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consen t Agenda. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations Meridian City Council October 20, 2015 Page 5 of 20 A. Meridian Arts Commission Traffic Box Art Wrap Recommendation for Happy Elephant by Andrew Clifford De Weerd: Item 6-A is under our Meridian Arts Commission and so I will ask Hillary to join us. Bodnar: Hi, there. De Weerd: Hi. Bodnar: I have got a picture to hand out to all of you. So, this is kind of a special request from the Meridian Arts Commission. Back in the spring west Ada had an art show called Framed and that's where they selected the majority of their artworks to be wrapped on traffic boxes. This art that you're looking at now is called Happy Elephant and it's by Andrew Clifford and, unfortunately, when the Arts Commission panel that brought this to the arts commission quorum to approve traffic box wraps one of the commissioners noted that it is a replica of a Disney artifact. It's an animatronic elephant that Disney has and so in efforts to mitigate any potential conflict with an actual property right, the arts commission decided that we wouldn't pursue obtaining those rights and we sent a letter to Andrew Clifford notifying him he would receive the community art award, but that he wouldn't be offered a traffic box wrap and it was really hard for the Meridian Arts Commission to make that decision, because they really liked the artwork and it's really, really a good example of Andrew Clifford's work. So, what happened was when we notified Andrew Clifford he called back and asked if he could contact Disney himself and see if he could obtain rights to use his artwork on a traffic box. So, this is in front of you now, because he obtained permission from Disney. He wrote to Disney, made contact, set up a meeting with Emily Kane and I and we asked him clarifying questions and he followed up with Disney. He's 16 years old. So, it's really incredible that he did what we thought was not even doable, that we couldn't do it. Disney is a big entity and we are very proud that he was able to take the initiative to get this done. So, we have both of his letters that he sent to Disney and Disn ey's letters that they sent in response to him, giving him permission to use this as a traffic box art. Our big concern for the first letter was that they didn't want the art published online and so we said, you know, we can't control the public, we can't control people taking pictures. People will probably take pictures of this box, because it's a cool picture. So, that's what he wrote to clarify about and they said we understand it's a public piece and we -- you have our permission to use it, but they just asked that they -- you know, they don't want their name on it, they don't want to be really associated with it, but they gave him permission to use it. So, this hasn't come in front of you before, because we didn't think that we would be able to do it, but Andrew Clifford came back to the Meridian Arts Commission and asked that they reconsider wrapping it in -- for this fiscal year 2016 and MAC was really happy that he was so successful and they approved for it to be recommended to you guys for a wrap in 2016. So, it's kind of a special case, but we think a worthy one. De Weerd: That is phenomenal. Meridian City Council October 20, 2015 Page 6 of 20 Bodnar: And I invited him, but he had a swim meet, so he was going to try to get here really quickly after his swim meet, so he might end up walking in a little later. De Weerd: Well, what tenacity on behalf of this -- this young artist. So, Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Hillary, I'm so happy about this, because this was one of my absolute favorite pieces at the art show and I was devastated when they made the decision not to put it up, so great news. I'd like to meet this young man, because I'm really impressed with both his art and his -- his ability to get that done, so -- Bodnar: He's been incredible. If he doesn't make it here tonight I will let him know that he's welcome back another time. Thank you. De Weerd: Any other comments? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: I echo Councilwoman Milam's comments. Just a question. Bodnar: Uh-huh. Cavener: When we made initial plans to wrap a certain amount of boxes and his wasn't included, we set the budget, were dollars set aside to include this extra wrap? Bodnar: Yes. Our initial plan actually took account for the more expensive wrap quote that we got for our initial wraps. So, we are now using a vendor that's a local vendor and that wraps for a much more affordable price and so it fits in our budget. Cavener: Happy ending to a great story. Excellent to hear. Thank you, Hillary. De Weerd: Everything sounds good about this one; right? Cavener: It's a great story. It's a great story for a weekly newspaper to cover. Milam: And a great picture, too. Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council October 20, 2015 Page 7 of 20 Milam: I move that we approve the art wrap recommendation for Happy Elephant by Andrew Clifford. Bird: Second. Cavener: Second. De Weerd: I have a motion and a couple of seconds to approve this item. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Action Items A. Public Hearing: Woodland Springs (H-2015-0002) by Woodland Springs, LLC Located Northeast Corner of N Locust Grove Road and E. McMillan Road. 1. Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat De Weerd: Thank you, Hillary. Item 7-A is a public hearing that has been requested to continue to November 17th. I will open the public hearing on H-2015-0002. I guess I do have a question regarding this request. By putting it out another month it looks like it's to request a two year time extension. Has that extension already expired or are they doing it earlier than most? Hood: So, Madam Mayor, Members of the Council, we just require that the application be in before the plat expires. So, they are in and were submitted before the plat expired. So, continuing it out for a month or whatever that it won't affect the expiration. De Weerd: Okay. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And the reason he asked for this time extension was medical reasons, so -- I move we continue H-2015-0002 to November 17th, 2015. Meridian City Council October 20, 2015 Page 8 of 20 Milam: Second. De Weerd: I have a motion and a second to continue Item 7-A to November 17th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Hacienda Subdivision No. 5 (H-2015-0003) by Jayo Investments, Inc. Located East Side of N,. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road. 1. Request: Final Plat Approval Consisting of Forty-Nine (49) Residential Lots and Nine (9) Common Lots on Approximately 9.51 Acres of Land in an R-8 Zoning District De Weerd: Item 7-B is -- is the next item. Not a public hearing. Final plat. Beach: Good evening, Madam Mayor, Members of the Council. This is Hacienda Subdivision No. 5. This is the final phase of Hacienda South Subdivision. It consists of 49 residential lots, five common lots on approximately 9.51 acres in the R-8 zoning district. This final plat is consistent with what was approved for the preliminary plat in open space and in number of lots. Staff is recommending approval. Stand for any questions. De Weerd: The only question -- this isn't on the Consent Agenda because we didn't hear from the applicant in time? Beach: Correct. We actually just heard from them this afternoon finally, so that's why it wasn't put on the Consent Agenda. De Weerd: Okay. So, another question to put you on the spot. Beach: Sure. De Weerd: What's with the numbering? Rountree: New system. Milam: With an FP. Zaremba: It's a new system. They told us about it a month or two ago. Rountree: One number for all the actions. De Weerd: Uh. Okay. Council, do you have any questions of the applicants on this item? Meridian City Council October 20, 2015 Page 9 of 20 Zaremba: I was just going to comment as I recall it was because the old system you couldn't connect the different applications that may have come in in parallel and this is a new way to keep annexations and plats and CUPs together. De Weerd: The nicer thing about the old system -- and it's not like you can't teach old dogs new tricks, but at least you knew if it was a final plat, if it was a preliminary plat, it was -- you had a better idea of what it was without reading the description. Holman: Madam Mayor? De Weerd: Yes. Holman: We are trying to format it so you can see that. So, if you can see, we have underlined what it is under each item, but if you have any suggestions for how you want to see it on the agenda, we are open and we are h appy to make it easier. That's just what we thought works, but if it doesn't let us know what you think will work and we can change it. De Weerd: Just remember old dogs, new tricks. Okay. Council, any questions on this? If not, I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve 7-B, H-2015-0003. Bird: Second. De Weerd: I have a motion and a second to approve Item 7 -B. Any discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For the purpose of the new numbering system, so our motions -- and maybe it's -- need to include the specific reference to final plat, annexation, et cetera? Nary: Madam Mayor, Council Member Borton, yes. Borton: Okay. Nary: Since there is only one item here it's probably not necessary, but in the future, yes, the specific items that you were intending, you would either mention them as a whole or you can make them individually and identify them -- Meridian City Council October 20, 2015 Page 10 of 20 Borton: Make that as the text in the motion. Okay. De Weerd: See, it's all on you. Okay. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Shelburne Subdivision No. 1 (H-2015-0004) by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road 1. Request: Final Plat Approval Consisting of Forty-Eight (48) Building Lots and Twelve (12) Common Lots on 19.42 Acres of Land in the R-4 Zoning District De Weerd: Item 7-C is a final plat on H-2015-0004. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any questions or anything -- De Weerd: Well, would just ask the staff to present it and, then, I will -- oh, that's right. Rountree: They want to continue it. De Weerd: You want to continue -- and as Mr. Bird has -- had stated on the earlier one, the reason for the request, do we know why this -- Hood: So, Madam Mayor, I can help a little bit with that. This -- this final plat came in with an exceedence of the requirement for the first phase. There was a cap of 40 lots and they submitted 48 lots, so we are waiting for a revised final plat that has the 40 or less lots in this first phase as required with the preliminary plat. So, it's inconsistent right now with the preliminary plat condition, so -- De Weerd: Nice job. Okay. Mr. Bird. Bird: Madam Mayor. I move we continue H-2015-0004 to October 27th, 2015, for the reasons stated by planning director. Rountree: Second. Meridian City Council October 20, 2015 Page 11 of 20 De Weerd: I have a motion and a second to approve the continuance of this item, 7-C, to October 27th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Council, it looks like maybe Andrew Clifford is here. Is he? Andrew, come on forward. I guess we -- we did want to acknowledge you and your tenacity in pursuing the permission from Disney to bring this to our -- one of our traffic boxes. Would love to congratulate you and I know the Council wanted to acknowledge your efforts. Clifford: Thank you. I also -- I got a lot of help and encouragement from Mrs. Hillary Bodnar and Mrs. Emily Kane during this process of getting permission from Disney. So, I'm very excited that it passed, so thank you. De Weerd: Well, we are, too, and I know Council Member Milam mentioned this was her all time favorite, so you made her day. Milam: Great job. Rountree: We have some folks that need convincing as well. Maybe we could hire you to -- Clifford: Thank you. De Weerd: Well, thank you for joining us after -- did you have a swim meet tonight? Clifford: Yes. I just got out. Yeah. De Weerd: Well, we hope you won. Clifford: Yes. Thank you. De Weerd: Okay. Well, thank you for being here and congratulations. Clifford: Thank you. Milam: Thank you. Great job. Item 8: Department Reports A. Legal Department: City Code re-draft of Title 2 pertaining to Commissions and Committees De Weerd: Thank you, Mrs. Milam. Okay. Item 7 -- or 8-A is under department reports. I will turn this over to our legal department. Meridian City Council October 20, 2015 Page 12 of 20 Nary: Thank you, Madam Mayor, Members of the Council. Council, I know you like to have these types of discussions on ordinance revisions at your workshop, but we were a little booked up last week and so I thought we would bring this forward this week. This is not a drastic change to our ordinance structure, but, basically, what you have in front of you -- and I have handed out a revised copy that has some yellow highlights on it and there is a couple of things that have even been amended since then. One is just a typographical error on the first page and we have fixed that. But, basically, what's in front of you is to create a standardized format for all of our commissions and to create a -- a clearer definition in our code as to what the purpose of a commission is, how they are formed and what the purpose of a committee can be and how they are formed and that way there would be no question sometimes between what's a commission and what's a committee and the committee is used sort of as a collective term for boards, for task forces, for coalitions or other types of groups that aren't the formalized structure of the commission process. The reason they are -- so, what you will have in front of you is a new -- when we did this we restructured the code so the reason -- when you're looking at this it is in a format you have seen before, which is a strike out and underline format, is because we took the entire code and are asking to replace it with this code and what you have in the first section is, basically, the definition of commission. There is an appointment section that basically allows all the commissions to be the same size, which means they can be up to nine. We have varying amounts of size of commissions. Some of them are up to nine, some have a minimum requirement, some have a fixed number of five, some have a fixed number of six, and so we felt it was more important that they all be very similar in type, because, again, we are looking for public participation and if there are people that are interested and want to participate, we want to be sure they have the opportunity to do so. Most of the language is either currently in the city code or taken from the state code. For example, there is a term limit requirement in the state code, an amount that would be for planning and zoning commissions, so that's identified here. We did -- it is separated in our current city code for youth commissioners to serve one year terms. All the rest will be three year terms. Currently the Planning and Zoning Commission has a six year term. Sometimes that's kind of daunting to people to participate to have a six year term in front of them, but the state code minimum is three, so it can be the same as every other commission. All of our other commissions are currently three. On reappointments and expirations of terms, currently it's done in a -- the traditional way of doing is we do provide it to the public, if they have an interest in participating in a commission opening. This just codifies that saying every time a commission opening occurs we would notify the public so that, again, if there is interested people in our community that want to participate they would know. We put some successive terms on there, too, because sometimes, again, it's good to get some changeover, but we also want to make sure that if you have long-term commissioners that the Council -- Mayor and the Council want to continue that there is a mechanism to do it. What I did was I took the section in the state code that's exactly the same in regards to planning and zoning commission. What it says in the state code is that the planning and zoning commissioners can only serve two terms -- successive terms, unless they are retained by two-thirds of the governing board. Well, two-thirds of your board is a majority of the board, that's the same number, so that seems kind of inconsistent, that's why we changed that to unanimous that, again, if the board -- the Council wants the Meridian City Council October 20, 2015 Page 13 of 20 commissioners to remain, they can, it would just require a unanimous vote of all of the Council. A termination clause. This one I have added from what you have seen and this is really -- we have had -- one of the comments back that we received in regards to commissions is occasionally we have some commissioners that for varieties of reasons can't participate or come to the meetings, either based on their job or their work life or personal life or whatever and we are not I guess looking at that as anything that we would want to pass any judgment on, but, again, you want people to participate and be there. So, I just picked a number of half. I mean if that's -- if that's adequate or if that's too much to miss -- but what I -- what I did in creating -- in crafting the termination clause was it didn't come back to you all to have to vote on as a second time, we felt that if somebody missed half of the meetings, then, really, we would just notify them tha t their appointment is terminated, so that way we could, then, advertise for a new position, a new opening and restart the process. Again, if half is too many, that's partly what the discussion is for, if you would like to -- if you want it to be less than that. We felt right now -- some commissions operate kind of informally. After two or three absences there has usually been a conversation sometimes with the chair and the member saying, you know, do you really want to be here, we really need people. Sometimes it can be a quorum issue for some of the commissions, because someone can't be here very often. So, trying to figure out what's the -- what's the happy medium between excused absences based on things that are kind of out of their control, as well as people that just can't be here for a reason that's, you know, something that they just don't have the time or the ability to come. That's why I came up with half. Again, whatever your desire is is fine. The committees, again, are a little bit less formal, because the committee is under, the way the code is structured, if you -- if it's a committee that's not formed by a legislative act, so it's not formed by an ordinance, it has that informal nature to it, it's really for a specific function or a specific charge, like, for example, a few years ago with our precious metals issue, we had some interested citizens that wanted to be a part of that, we formed a committee to do that, so that they could kind of vet out the concerns that were had. It wasn't meant to be long lasting, it was meant for one specific purpose, it got done and, then, we moved on. If you look at the sections on the commissions themselves, all of the language in there is what's already in your code, so there is nothing new for most of the commissions, but I will highlight what I have changed. Some of the commissions there is a section under budget. Some of our commissions are able to receive funds from other sources. The arts commission receives donations. The Planning and Zoning C ommission under state law has the ability, if you provide them a budget, to use that budget to hire people to assist them with their work. We haven't ever had that need, but state code does allow that. We also -- the -- the parks commission or, excuse me, the -- yeah, the parks commission can receive funds from other sources and the solid waste commission can receive funds from the -- the recycling program. So, I wanted to make sure it was clear in the budgetary section that they can receive funds, but, again, it always comes back through you. It has to follow the city's policies, they have to follow the city's rules in regards to how they are expended and if they are managed by a department, then, the department is responsible for it. If they don't have a specific department they are attached to, they have a designated city liaison for each commission that is responsible for the -- for the processing of the expenditures or receiving of funds. So, that language is a little different than what you may have seen in some of the others. The only other one that Meridian City Council October 20, 2015 Page 14 of 20 asked for a couple of changes in regards to their duties is the parks commission, there is items ten and 11, the old plan said Comprehensive Plan, their new plan is called the Master Plan. So, it just changed the language to meet what the new language was going to be and, then, number 11 just talks about the city's Comprehensive Plan, but it didn't make reference to the other things we have, pathways and downtown plans and Ten Mile plans and those things, so it just tries to include that anything related to parks and recreation are things that go to the parks and recreation commission . Everything else I believe, again, is the same. We didn't include any adjustments to the board of adjustment, because that's a very specific purpose board for a very specific -- for very specific types of issues and we didn't see a need to change that specifically and the only other thing I would point out is in the committee language it indicated that it doesn't apply to the impact fee committee and, again, that's specifically because the state code governs how the impact fee committee is managed and handled and it's actually a completely different section of our code, so I didn't want a future person reading it and mixing up the two. So, those are really the changes. That was the purpose that we are bringing it before you and if you have any changes or anything else you would like us to do before we bring it forward or we can bring it forward at any point you direct. De Weerd: Council any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Had a couple of typos that I marked that I will give to you -- Nary: Okay. Thank you. Zaremba: -- to do, but I had two subjects that I actually wanted to ask a question about. One of them is in Chapter 1.211, commissions, A-3. It says the City Council may eliminate any commission at anytime by repealing the commission's enabling ordinance. That actually isn't true of P&Z. I think you alluded to the fact that that's a state requirement. It could be the Council that is the P&Z. In some smaller cities it is. But is that what the -- unless different procedure is required by Idaho Code is addressing that you can't eliminate P&Z? Nary: Yes. Council Member Zaremba, that's exactly what that provision was for -- Zaremba: Okay. Nary: -- and you can eliminate the P&Z entirely if you want to be the commission. So, it isn't that the Council becomes the commission, you actually are eliminating a planning and zoning commission when you do that, you're just becoming the commission. So, it's -- it's a nuance of difference, but, yeah, that was the purpose of that language. Meridian City Council October 20, 2015 Page 15 of 20 Zaremba: Okay. I thought when that happened the City Council had to close their meeting and open a new one as the P&Z commission. Nary: They do not. They would just become the commission. Zaremba: All right. All right. So, that covers that one. And, then, let's see, still -- still in commissions 211.B-3, compensation. All commission members and the officers shall serve without salary or compensation. My question on that one is several of the commissions and boards list staff members or City Council people as members of the commission, even if they are ex-officio. On the board of adjustment they are not ex- officio, they actually are members. So, I would like to suggest something -- and it doesn't have to be worded exactly this way, but let's discuss whether this is necessary. I would add a sentence that says: Where members are designated to be City Council, city staff, or staff of another government agency, such members' regular pay shall not be reduced or enhanced due to service on the commission or board or coalition or whatever, you know, so that they don't have to be docked pay to serve on it or they don't get extra pay. It shouldn't affect their regular pay, so -- I have some wording here, but I want to ask whether we should include that. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I mean surely I have no problem in adding it. I mean currently the -- the commission that has staff members as members of the commission, they don't receive any additional compensation for being part of that, but I think it -- you're right, it's clarity that it isn't part of it. Zaremba: I wouldn't want somebody to come along from the public and say, okay, you're on this commission, you need to be docked your pay during the time that you're on that commission. Nary: Totally understand. So, I could certainly add that language. Zaremba: Yeah. Milam: Madam Mayor? Zaremba: Okay. Milam: Were you done, David? Sorry. Zaremba: I will give you the other one. Nary: Okay. Thank you. De Weerd: Mrs. Milam. Milam: In that regard, which I wasn't really going to comment on, but I guess you could just say that no commissioner will be paid to be on this committee. But my question is Meridian City Council October 20, 2015 Page 16 of 20 more regarding membership and I kind of e-mailed you earlier on it, but, then, we never -- I never finished my conversation with you. So, the -- it seems that the membership qualifications are very different and that it makes sense in a lot of ways -- and I guess specifically what I'm referring to is some of them list that city council members and staff and -- or attorneys and some don't, even if there are staff or attorneys present. So, I'm just wondering if they should all be the same or if there is a reason -- maybe there is a reason why it's not listed on certain -- like, for example, the arts commission, as an example, on the arts commission it doesn't say anything about staff or legal, however, staff and legal are present at every meeting and so I just -- maybe it's not a requirement and that's why it's not in here or if it needs to be added. Because some of them do specifically list out staff and legal. So, I just think they should all be the same or -- Nary: Madam Mayor, Members of the Council, Council Woman Milam, so I think some of it probably -- and, again, we can go through it to make sure it's the same -- consistent throughout, because I agree with you, that's the point of what we are trying to accomplish. When I -- when I got here 11 years ago we didn’t have staff on any commissions except planning and zoning and we -- I think it's important that we have legal representation at every commission. So, we do have legal staff there. Some of them have staff dedicated to them, like the Planning and Zoning Commission or transportation, some of them have staff that are -- and it's in the ordinance and some have staff that have either over time have felt there is a need, like the arts commission to have staff people to assist them with whatever they need. So, we can add it in if you would like and that way it's consistent throughout. All of the commissions will always have legal staff present and they will always have some -- that's why I used it in the budget section, but we can certainly put it in the membership that there is staff that they are there to provide support. I think the only one currently that has staff on the commission is the solid waste commission and there are staff and council members listed as ex officio members for the transportation commission. But we can certainly make that consistent throughout, if that's your desire. I mean, again, we trying to be consistent, so that certainly makes sense. Milam: Yeah. I think that if they are going to be there that it should probably be in there and either -- whether it's on the membership section or in the general section, if it's going to be -- if it is going to be the same with everyone, you just put -- there would be just a section in the beginning that says each commission will have a Council person serving as an ex officio, non-voting member, or it could be a membership. I don't know what -- what's better for that. I just think that -- I mean also it was the historical preservation commission had nothing listed on it, so -- Nary: If it's all right with you, Madam Mayor, Members of the Council, Council Woman Milam, I think you -- I think you have hit it very -- I think the general section makes the most sense, because it is going to be the same throughout and so we will include staff, Council liaison, and legal staff to be present as part of that and, again, the staff can vary, obviously, by need, but -- but we can list that in the general section if you would like, so -- Cavener: Madam Mayor? Meridian City Council October 20, 2015 Page 17 of 20 De Weerd: Mr. Cavener. Cavener: Madam Mayor. Bill, maybe you can refresh my recollection. HPC doesn't currently have a member of Council that serves ex officio. Well, then, I stand corrected. And my apologies to Councilman Borton. Borton: Apology accepted. Cavener: Thank you. De Weerd: Okay. Any other questions, concerns, additions you would like to see happen? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Bill, I should have -- I should have mentioned it earlier and I didn't and I can give you some suggestion -- looking at like 2.2.6, the budget paragraph, I get a sense of what's intended there, but, you know, it's one sentence without punctuation and it's -- it was just the opening caught me. The budget for the arts commission with approval, the board, the commission may receive it -- it doesn't actually say what I think it intends to say. You know, for example, that -- I read that as though it should say -- using this one as an example, the arts commission, comma, with approval of the governing board, may receive and expend funds, yada, yada, yada, and if before the next time that could be broken into a few sentences and claimed. Because as written it doesn't make much sense to me. Nary: Madam Mayor, Members of the Council, Council Member Borton, I will certainly clean up the language. I actually stole it from the Ida ho Code, because that's the way it's written for planning and zoning commission. Borton: Not a good idea. Nary: So, I will clean that up and -- before we bring it back. Rountree: It makes sense now that you explained that, Bill. De Weerd: Okay. Anything further? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: 2.11, number eight, regarding termination. I have been sitting here going back and forth and I guess I thought of a scenario which a member who isn't attending in August and they are not necessarily terminated until June of the following year, so they Meridian City Council October 20, 2015 Page 18 of 20 quit attending in August of 2015, it wouldn't be until June of 2016 that they would be automatically terminated. So, I don't know if there is any thought of either changing that to maybe three successive meetings or six successive meetings or consecutive meetings or six meetings in a 12 month period , but it says one half the meetings that are held in a calendar year. I don't know if this is a problem that's in need of a solution or if I'm a solution looking for a problem, but envisioning a scenario where if we are talking about an automatic termination, because we have got someone who isn't attending and they get more -- easier for that to automatically -- De Weerd: I guess I would just answer that that it hasn't been a problem in these recent years, but it has certainly been a challenge in the past. So, I think adding some further clarity on exactly what that means would be important, so it is without question. Cavener: Great. De Weerd: Okay. So, we will bring this back. If you have anything further, please, feel free to contact Bill and -- Item 9: Ordinances A. Ordinance No. 15-1663: An Ordinance Amending Meridian City Code as Codified at Title 11, Entitled Unified Development Code Pertaining to Drive Through Establishments as a Conditional Use in the O-T Zoning District; and a Modification to the Associated Specific Use Standards Listed in Unified Development Code 11-2D2; and Providing an Effective Date De Weerd: Okay. So, 9-A is Ordinance 15-1663. I'm glad to see these numbers haven't changed. Madam Clerk, will you read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1663, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, pertaining to drive-thru establishments as a conditional use in the O-T zoning district and a modification to the associated specific use standards listed in Unified Development Code 11-2D.2 and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? It should be really interesting. Milam: Madam Mayor? Seeing none -- De Weerd: Mrs. Milam. Milam: Before anybody decides to raise their hand. I move that we approve Ordinance 15-1663 with suspension of rules. Meridian City Council October 20, 2015 Page 19 of 20 Bird: Second. De Weerd: I have a motion and a second to approve the Ordinance 9-A. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Other Items De Weerd: Item 10 is future agenda items for consideration. Anything under this item? Okay. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I just wanted to comment that the people that are here for civics classes and merit badges are getting off easy tonight. Item 11: Executive Session Per Idaho State Code 74 -206(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Yes and no. This is a shorter meeting than normal, but certainly the topics weren't all that riveting. So, I would say you have earned -- you have earned it in a shorter amount of time, so congratulations. Council, 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 74 -206, (1)(d), (1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 20, 2015 Page 20 of 20 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:41 p.m. to 8:21 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Bird: Second. De Weerd: I have a motion to adjourn. All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:21 P.M. (AUDIO.CORDING -ON FILE OF THESE PROCEEDINGS) y I s MAYOR,/TAMMY MY de WEERD DATE APPROVED ATTEST D, u�UST !o Ow City of CEE OLMAN, CITY CLERK a i , AHO r1� SEAL ' ��Ge TR 09�,�'