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HomeMy WebLinkAbout2015-10-27Meridian City Council October 27, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 27, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Warren Stewart, Scott Colaianni, David Jones, 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: Okay. Thank you for joining us. I would -- for the record it is Tuesday, October 27th. It is 6:00 p.m. 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 Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 -- I don't see Pastor Moore. Item 4: Adoption of the Agenda De Weerd: I will move onto Item 4, adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 7-A has been requested to continue to November 17th , 2015, and the ordinance number on Item 8-A is 15-1664. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. Meridian City Council October 27, 2015 Page 2 of 23 De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Agreement with M.D. Willis for Stenographic Services B. Approval of Task Order 10055.D to CH2M HILL ENGINEERS, INC. for the “UV DISINFECTION SYSTEM EXPANSION CONTROL SOFTWARE PROGRAMMING” Project for a Not-To-Exceed amount of $77,436.00 C. Approval of Task Order 10577.A to CIVIL SURVEY CONSULTANTS, INC. for the “WATER AND SEWER REPLACEMENT – E PINE AVE – MERIDIAN ROAD TO E 6TH STREET - DESIGN” Project for a Not-To-Exceed Amount of $109,157.00 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda, authorize the Clerk to Attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion? 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 A. COMPASS Presentation Regarding Transportation and Funding for Public Outreach Meridian City Council October 27, 2015 Page 3 of 23 De Weerd: Under Item No. 6-A we have a community presentation from COMPASS and I will turn this over to Toni. Tisdale: I'd like permission to approach to hand out some folders and I also have Margaret Havey with me from Valley Regional Transit. Havey: Madam Mayor, we are here today to talk to you about transportation. I will go over some of the transportation partners or just refresh your memory about some of the transportation programs in the area, give an overview of the strategies of the agencies that we work for and let you know about how to apply for additional funding and some training opportunities that are coming up. Tisdale: And I am Toni Tisdale with COMPASS and we have a lot of transportation partners for you in the area. Several of them aren't with us tonight or couldn't participate or are not participating tonight, but we have Valley Regional Transit. Margaret is here. Mark Wasdahl from Valley Regional -- or from Idaho Transportation Department was unable to come, but we will cover IT D's programs as well and Justin Lucas is in the audience tonight. They are not participating in these presentations. They are definitely a transportation partner, but since ACHD focuses on local funding and we are talking more on Federal and outside sources, they will come to you for outreach in the spring. So, we just wanted to let you know that these are your transportation partners and we are here to help you with funding issues. So, why we are here. We just want to make sure that you are prepared for the application process that 's coming up soon, starting as early as November 13th. So, we do have a handout in your packets. We met with your staff last spring about the transportation needs in your area. We did hear those needs and we are already -- all of us working on finding ways to get those funded, but as you have changes to those needs and priorities change, we just want to be kept in the loop, so that when we are looking for funding we are looking for the right thing. So, we would like to tell you a little bit about our agencies. We know you know a lot about what all of us do already, but there are new trends emerging and new programs that we have and we want to make sure that you are aware of those. COMPASS is an association of cities, counties, highway districts and other agencies to plan for the future of Ada and Canyon counties. Our main focus is transportation, but transportation is so entwined with other elements of the area we also look at things like land use and housing, farm, agriculture, open space, economic development, all of those things work together in building a transportation infrastructure. COMPASS does serve as the regional collaborative organization in Ada and Canyon counties. We are a member based organization and we are so glad that the City of Meridian is a member of COMPASS. We have a lot of services to help with our members and there is a brochure about COMPASS in your packets. We do have two main products. Communities In Motion is our long range transportation plan and the regional transportation investment program, the TIP, is the five year short range budget for federal transportation dollars. To touch on a few of our technical resources and regional solutions -- I won't hit on all of these, but we are leaders in the modeling world with transportation demand, air quality and economic development. We have a great new tool called TREDIS that helps us give a good cost benefit ratio on upcoming projects. We have proven to be extremely accurate in demographic forecasts and we have an amazing Meridian City Council October 27, 2015 Page 4 of 23 education and outreach series. We bring expert transportation speakers from all across the nation to engage your community, your citizens, elected officials and staff on topics that come up as interest. If you need assistance in any of the technical areas we do recommend that you contact any of your partnering agencies first, because we might be able to provide those services for no cost or maybe at a lesser cost than a consultant. Havey: And as you know I'm with Valley Regional Transit. We are the regional public transportation authority for Ada and Canyon county. Our main goal is to deliver safe, effective and efficient services, but also to coordinate public transportation services in the area. We are working on a couple of different programs that look at a regional level, different -- different service providers and we also provide what we call the go ride mobility programs, which when we can't serve with a traditional fixed route, we -- we try to find out solutions to move people around and one of those go ride programs is working with senior centers and other organizations to share vehicles or have volunteer drivers, so if somebody has a vehicle, but not a driver we can match up so that people can get rides. De Weerd: Well, Margaret, before you go off that slide, administratively I hear the complaints and one of the things that the City of Meridian did a year or two ago was to transfer the funding partnership we had for senior rides from the senior center to Valley Regional Transit and we just, apparently, can't figure it out, because we get citizens call us that we say you need to call VRT, they cannot get a ride, and we are starting to get frustrated with -- with that. I know that our senior center is not working in putting their vehicles into the pool, but our citizens need rides and I -- I'm kind of at that -- that tipping point of frustration and having a conversation with this Council on -- on what we need to do next, because our citizens need service and -- and that is why we transferred our service to VRT thinking that would be the solution and it hasn't been. So, what -- what are some of the things that you are doing to address this and this may be a future topic for another agenda, but I had to bring it up because it's -- it's top of my mine right now. Havey: Right. And we do hear about -- from Meridian residents a lot. The Meridian senior center not providing vehicles is -- has been an issue. I don't get as involved with the mobility programs, so I just can't speak to what exactly -- where exactly that program is right now, but one of the things that we are working on is a -- we have this scheduling software called Route Match and when you call our customer service or a go ride line that's the software that they use to efficiently schedule trips and one of the things that we are -- we are almost ready to roll out is -- we are calling it a portal project, so people can schedule their own rides and they don't have to go through our call center. I'm not sure exactly -- De Weerd: I know and I don't want to shoot the messenger -- Havey: Yeah. De Weerd: -- but I will say we are ready to shoot. We don't know who. Sorry. But it is frustrating and, you know, we do have a funding source that this Council has shown a commitment to making sure those rides are available and, I don't know, I'm ready to ask Meridian City Council October 27, 2015 Page 5 of 23 Council to just fund Uber and we will use Uber to do this. But we need to be a reliant source to -- and the coordination of those buses -- when we were given the presentation it didn't necessarily mean -- I didn't care whose bus they were using, but just that our citizens have a ride. Havey: And, like I said, I don't work directly with the -- with those programs, so -- but we can look and see what -- where that is at and follow up with you. De Weerd: Okay. Havey: I don't have answers to that tonight. De Weerd: And what we will do tonight is get this on a future agenda, maybe next week, and we can maybe have a more robust and less emotional discussion. Emotional on my end. Hood: Madam Mayor? De Weerd: Yes. Hood: If I can, before you give the f loor back to them, I have actually been working with Kelly and have a revised -- and our legal staff -- have a revised cooperative agreement for VRT that was going to be on the Consent Agenda for next week, which part of that includes our dues, but also the 30,000 dollar -- up to 30,000 dollar senior service that we have already committed to for the budget process, but just to let you know there is already something planned for the agenda next Tuesday kind of along these veins, so I don't know if Margaret or Kelly or someone can come back as you look at approving -- you know, again, the budget, basically, that you have already agreed to for this fiscal year, but that cooperative agreement is planned to be on your agenda next week. De Weerd: Thank you, Caleb. I would say, then, let's pull it and put it under community presentation and have that conversation. We -- we also had an amount that we were going to determine if -- providing to seniors and disabled -- if building on that program was -- was something that we could bring more meaningful service as well and that was with the Saturday service. So, that would be great. And so I won't interrupt you anymore, Margaret. Havey: We are here for feedback and I don't take it personally, so -- De Weerd: Thank you. And when I said shoot, I meant with my mouth, not with anything else, so -- Havey: Some of the other programs that VRT is working on in the upcoming year is we have a regional fare policy and analysis, so we are looking at all the service providers in the area and that includes ACHD Commuteride, Treasure Valley Transit. BSU has a shuttle system that's free for their students and employees and so we going to set a policy Meridian City Council October 27, 2015 Page 6 of 23 of how those fares are set and what triggers a fair change and this -- hopefully if there is maybe a Canyon county van pool in the future it would -- it would determine how -- how we set those fares. There is also a regional management system. We have Trapeze -- the Trapeze software and we have ACHD Commuteride and BSU that their entire fleet will be in there, so we can look at all the different transportation assets and how we -- how we replace those. We have the performance measures for public transportation. Again, we are looking at all the different service providers in the area and we will have quarterly and annual reports to our board and also available on our website and, then, we have the regional public transportation development plan and corresponds with our capital improvement plan. This is the sixth year operat ing a capital improvement plan for the services that Valley Regional Transit provides and we will have two different scenarios and one will be sort of maintaining our current system, assuming that we don't get any additional funding, but, then, also a high growth scenario, if we were to come with -- come upon with more funding, our priorities would be to implement some effective service and, then, we also have our community transportation go ride that we have touched on. Tilsdale: Okay. And, then, ITD provides management and oversight of most federal aid projects across the state. They are involved in all modes of transportation with an emphasis on safety, mobility, and economic opportunity. Their focus is on moving people and goods throughout the state and touching just a little bit on the LHTAC, we don't have a whole lot of connection with the Local Highway Technical Assistance Council, but ACHD can apply on your behalf for mainly safety projects and bridge projects in the area . LHTAC mainly deals with the rural areas of the state, 50,000 and specifically below 5,000. But where this does get a little bit interesting in that they manage the road and street reports where all of the roadway spending is reported and with the House Bill -- 312 Bill that was passed last spring where additional gas taxes came in for maintenance, the legislature asked that those -- those specific funds be tracked separately. That's how that's reported is through that road and street report through LHTAC. So, I'm sure you have heard that transportation funding is extremely limited. This map shows that we -- it's up there. That we have a whole lot of projects in the area and this is actually probably only about half of them, because transit isn't really mapable -- planning projects usually are not mapable. Most of these are going to be maintenance -type projects, which is the trend across the state, as well as across the nation, but we just wanted to show you that we do have a lot going on and you probably noticed that with all the cones and the people directing traffic, but there is a list of projects in your packet that are specific to your geographic region. So, you can see in detail what's going on here. And even though there are a lot of projects funded, we know that you have a lot of needs that are not funded and so COMPASS has developed a new application guide where our member agencies can focus on the project and, then, we focus on what kind of funding fits that project. So, we do encourage you if you have a need or even an idea to submit that for application and we can help you fill out the application and come up with the details that you need. These applications mainly feed into the federal aid process, but the projects also could go into philanthropic courses and other opportunities throughout the nation. We are also looking at economic development grants and CDBG grants, because those are really underutilized in our area. COMPASS has two new internal sources of funding. Those are the project development program and that's when you have an idea and you Meridian City Council October 27, 2015 Page 7 of 23 want to get it developed further in order to have it ready for an application. It takes it to almost 30 percent concept, so that gives you -- does it -- does it have any environmental issues, what is the cost estimate roughly. It gives you a better application for a different program. And, then, we also have Communities In Motion implementation grants, which is where there is division as Communities In Motion and long range plans. So, we are also looking at helping your grant staff with -- we are looking at all kinds of programs and every avenue that we can find to help fund that list of projects that you have available. So, VRT is working with COMPASS on the applications for -- for all federal aid transportation projects and so this would include bus or van replacement, public transportation service or equipment. So, we are always looking for ways to more efficiently use the federal dollars that do come into the area. We can -- with acquisition of service contracts. We have a travel training program where we have someone who can come to the senior center or school and teach people about all the different transportation options that they have. Havey: There is also a handout in your packet that provides a lot more detail about the fund sources and amounts that are available from all your partner agencies. For ITD specifically they have three programs that are available for local applicants and those are the transportation alternative program. Those are more the bicycle and pedestrian type projects, along with a few others. The Americans With Disabilities Act, accessibility grants, those are for the ramps adjacent to state highways to make those ADA accessible and rail crossings to help with safety improvements along rails across the state. All of your partner agencies provide many additional services as well, in addition to our main services we provide a lot of training, as do our partners. Some of the most popular trainings we have are funding and grant writing training, codifying new census and also how to use the performance dashboard. During Communities In Motion 2040 we adopted -- I say we -- the COMPASS board adopted 56 performance measures and that collects a lot of data and it's provided online in a dashboard format on our website. That's important, because it provides all the data you need when you're writing grants and looking for additional funds, it provides a lot of data for that backup. There is many opportunities that -- that come up. If you know of a speaker that you would like to hear or a program you would like to learn more about, let us know that, because we can bring in speakers or research those programs to give you more information on it. Havey: Valley Regional Transit also provides training for transit services and funding this -- come spring we are going to have a technology summit for state -- statewide public transportation providers. The Community Transportation Association of Idaho, they used to have the technology summit, but since they have significantly downsized they don't have the staff to support it. They will be having their spring meeting and we will plan our summit around that and so all the different providers can join a consortium so we can pool our resources and get some better technology for transportation projects. We also have the travel trainer program, which I briefly touched on. There -- it's assistance for new riders, but also teaching about their transportation options. And, then, we also have the sub recipient training workshop for -- it's a requirement for any entity that receives federal transit administration funding through VRT, there is certain federal requirements as far as Meridian City Council October 27, 2015 Page 8 of 23 how the project is implemented, but also the reporting on that and so we provide training to anybody who receives funding through VRT. Tilsdale: And we want to end on some questions. How can we do better to serve you with our ultimate goal of helping bring more money to this region? De Weerd: Council, this is interactive. Any thoughts, comments, suggestions? Rountree: Madam Mayor. Just a comment and I think counsel from VRT can continue their relationship with our federal representative and congressional delegation to keep us up front in their minds as it relates to transportation and provide them with information they need to make the decisions as it relates to funding or the tools that might be made available to local entities to improve our transportation facilities. I think the training you provide is great and keeps us -- it gives us the opportunity to be informed if we take advantage of it. So, I think maintain that. I can't think of anything new out there that you aren't doing, but I think those activities that you do do, particularly with the legislators, is very, very important. De Weerd: I guess I would add that we have appreciated the help and resource you have with out Rail With Trail concept and getting funding for the arterial studies and helping in that regard. We also have involvement right now in terms of focusing on our next state transportation priority, which is 20-26 and the work group that we have established now that the Meridian interchange is complete, that -- substantially complete, that now we need to start focusing on that next priority and that's going to be essential. Your staff has expertise in what some of the obstacles can be, how to jump through various regulatory hoops, bring the appropriate people to the table as you were partners to that with our Meridian interchange project as well. So, those are -- are some of those areas -- the Rail With Trail, Highway 20-26, and certainly I think COMPASS is probably going to be faced with some strategies on environmental concerns, including air quality and how we move forward and what can give us the biggest result in addressing the new regulatory requirements in air quality. So, those -- those are some of the things that come to mind for me. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think you touched on -- you said the word trends in transportation and that kind of made my ears dance a little bit, because I'm curious, what are the trends in transportation and what can, you know, this area do to be ahead of the curve on that, as opposed to reacting after the fact? Tilsdale: Well, we have -- Havey: You're going to hear the word -- the acronym ITS a lot, Intelligent Transportation Systems and for -- these are a lot of different things that -- they can range from signal Meridian City Council October 27, 2015 Page 9 of 23 timing on corridors to alerts, like that reader board that's on I-84 to alert of maybe a crash or a hazard or a detour ahead. In -- in my field public transportation it's real-time bus information. We have a beta real-time bus locator that's up and running and -- let's see. Tilsdale: Some of the questions that we had during these presentations involve quiet zones around railroads. I think that's going to be a trend in the future on how to fund the necessary policies and the arm s that it's going to take to incorporate a quiet zone. Some of the others -- pathways, additional bus service, all of those are trends in transportation. Cavener: Madam Mayor, can I follow up? De Weerd: Uh-huh. Cavener: I assume I know what a quiet zone is, but can -- can you explain what that is so I make sure that I think I know what it is? Tilsdale: I know a little bit about it. Cavener: Okay. Tilsdale: But it's where -- I think it's having to do with the way that the train blows its whistle at night. If they have certain policies in place and they have arms at the crossings, they either don't have to do it as many times or they don't have to do it at all. I'm not clear on that one. Do you know? No. I thought Justin might know. But it's something that -- that just started getting questions about and so that's -- that was one thing we were going to start looking into. The way the mayor put it in Kuna -- he said at 3:00 o'clock in the morning they blow the whistle 15 times, so they are anxious to get something done about that. De Weerd: They do that over by College of Idaho, too, where the dorms are. You can ask any of the students over there. I guess I -- I did have one more thing in terms of maybe at some point we can get an update on some of the safe routes to school projects that COMPASS and VRT have been really good at advocating for. I believe that many of the projects have been accomplished in -- in Boise and the focus was working with the West Ada School District and identifying priority areas for that. If we could maybe schedule something to come back and show what some of those projects are and how they have been addressed. Tilsdale: And, Madam Mayor, you're talking about the -- more the training type safe routes to school at a project level? De Weerd: The training, as well as specific projects that have been addressed. Tilsdale: Absolutely. Okay. De Weerd: Anything further? Meridian City Council October 27, 2015 Page 10 of 23 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: There aren't any other questions about the presentation, I just wanted to dovetail on the Mayor's earlier comments about senior transportation. That's something that's very near and dear to my heart. So, when you do come back to us -- I'm always a stickler for numbers, so I'd really like to see since the city has moved the funds away from the senior center to you guys the number of riders and the number of rides that have occurred. Tilsdale: Absolutely. Okay. Well, if nothing further -- De Weerd: Well, thank you, Toni. Thank you, Margaret. Tilsdale: Thank you for allowing us to come tonight. Hood: Madam Mayor? De Weerd: Yes, Caleb. Hood: Maybe before you move to the public hearing action items I just wanted to let you all know we are working internally to come to you with a couple of different projects to potentially apply for the CAP grants and some of the programs that VRT and COMPASS staff just outlined for you, so I anticipate doing that on the meeting on -- on the 9th of November and their deadline is just a few days later, but I need to go to the transportation commission. I have also engaged preliminarily the city's grant review committee to see what kind of match requirements would be and whatnot, but just a heads up, you will be hearing about a couple potential applications and we look for feedback on those here in a couple weeks. Item 7: Action Items A. Continued from October 20, 2015: 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: Thank you. Item 7-A has been requested to continue to November 17th and that's regarding H-2015-0004. Do I have a motion? Bird: Madam Mayor? Meridian City Council October 27, 2015 Page 11 of 23 De Weerd: Mr. Bird. Bird: I move we continue H-2015-0004 to November 17th, 2015. 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. Stonesthrow Subdivision (H-2015-0007) by Steve Arnold Located 1/4 Mile South of E. Fairview Avenue on the West Side of N. Mount Hood Avenue 1. Request: Final Plat Approval Consisting of Thirty-Six (36) Building Lots and Eight (8) Common Lots on 9.21 Acres of Land in an R-40 Zoning District De Weerd: 7-B is regarding H-2015-0007. I will ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a final plat for Stonesthrow Subdivision. We did receive a response from the applicant to the staff report that they are in agreement with the conditions in the staff report. Would you like me to proceed with the staff report or would you prefer to move it along? De Weerd: Council, move it along? Bird: Move it along. De Weerd: It's all up to them. I don't see any questions, so moving it along looks like the -- Rountree: Let's move it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2015-0007, the final plat approval consisting of 36 building lots and eight common lots on 9.21 acres of land in an R-4 zoning district. Milam: Second. Meridian City Council October 27, 2015 Page 12 of 23 De Weerd: I have a motion and a second to approve the final plat for Stonesthrow Subdivision. Madam Clerk, will you, please, 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. Public Hearing: Baltic Place Addition (H-2015-0006) by Cair Paravel, LLC Located 1151 E. Kalispell Street 1. Request: Modification to the Development Agreement (Inst. #1131126756) to Include a Provision Allowing the Future Development of a Cemetery in the I-L Zoning District on Lot 2, Block 1 with Approval of a Conditional Use Permit De Weerd: Item 7-C is a public hearing on Baltic Place Addition, H-2015-0006. I will open this public hearing and ask for staff comments on the modification to the development agreement. Watters; Thank you, Madam Mayor, Members of the Council. This site is -- consists of 3.91 acres of land. It's currently zoned I-L and is located south of East Franklin Road and west of South Locust Grove Road. The applicant requests a modification to the current development agreement for Baltic Place Addition, to include a new provision that allows the future development of a cemetery on Lot 2, Block 1, Baltic Place Subdivision, with approval of the conditional use permit. The cemetery is currently located to the west of this property here in the white. The applicant does not intend to develop the property with the cemetery for another ten to 20 years, but wants to insure through the development agreement that such a use will be allowed to develop on the site in the future with approval of the conditional use permit. The UDC table 11-2C-2 currently allows the cemetery use in an I-L district with approval of the conditional use permit. Approval of the subject modification would entitle the property to develop as such in the future in the event of modification to the UDC was approved, but no longer allowed a cemetery use in the I -l district. No other text changes are proposed by the applicant or recommende d by staff. No written testimony has been received on this application. Staff is recommending approval. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council October 27, 2015 Page 13 of 23 Borton: I was curious when I saw this. What -- I have never seen a cemetery or potential cemetery come through. What are possible conditions of approval? If it -- it appears like a cemetery would be adjacent to a residence? So, what -- I was just curious, what might be an example of a type of condition? Unless I'm looking at the plat wrong. Watters: No residences adjacent to this property -- Borton: Okay. These are all industrial? Watters: -- I don't believe, Councilman -- yeah. They are all industrial and commercial to the south. Borton: Fair enough. Never mind. De Weerd: Okay. Any other questions from Council? This is a public hearing. Is the applicant here? Would you like to add anything? Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Rountree: Seeing none, Madam Mayor, I move that we close the hearing on Item 7-B. Bird: Second. Rountree: Or excuse me -- Bird: It's C. Rountree: -- 7-C. De Weerd: C. I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I move that we approve the requested development agreement modification under Item 7-C. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-C, H-2015-0006. Any discussion from Council? Seeing none, Madam Clerk, will you, please, call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 27, 2015 Page 14 of 23 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: Shops at Victory (H-2015-0010) by White-Leasure Development Company Located at 3210 S. Eagle Road 1. Request: City Council Review of the Preliminary Plat Condition (#1.2.2) that Requires the Property to be Subdivided Prior to Issuance of a Building Permit De Weerd: Item No. 7-D is a public hearing Shops At Victory, H-2015-0010. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for City Council review. This site consists of 3.7 acres of land. It's currently zoned C-C and is located at the southeast corner of South Eagle Road and East Victory Road. The applicant requests Council review of preliminary plat condition of approval number 1.2.2, which states: Prior to issuance of any certificate of zoning compliance and/or building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. The applicant requests this condition is modified to allow one building permit to be issued for the property, so they can construct a Rite-Aid drug store on the site prior to the property being subdivided. They agree to subdivide the property prior to further development of the site. At the recent Council hearing for the time extension on the preliminary plat and conditional use permit for this property, the Council asked the applicant to remove the weeds and existing structures on the site within the next year. Development of the Rite-Aid store would facilitate this process. Because the subject parcel is considered an original parcel of record per the Unified Development Code, this property would typically not be required to be subdivided prior to issuance of building permits. Therefore, staff is supportive of the applicant's request and recommends the condition is revised as follows: Prior to issuance of any certificate of zoning compliance and/or building permit, beyond the Rite-Aid drugstore on Pad A, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code . This allows the Rite-Aid to develop on Pad A prior to the property being subdivided. Written testimony has been received from Jeff Huber, the applicant, in agreement with the provisions of the staff memo. Staff is recommending approval with added conditions in the memo to the Council from staff, dated October 19th, 2015, as shown on the overhead here. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor, I have a question for Mr. Nary. This specificity of this particular drugstore is in question at this point in time with the recent pending sale. Would it be Meridian City Council October 27, 2015 Page 15 of 23 better to just say a national recognized drug store, as opposed to specifying in the development agreement that it be Rite-Aid? Nary: Madam Mayor, Members of the Council, that would make sense to me. I don't know if the applicant has a position about that, Council Member Rountree, but, yeah, it does make sense that we don't have -- it's unusual to specify the specific user versus a specific type. De Weerd: Okay. Would the applicant like to make comment? If you will, please, state your name and address for the record. Huber: Madam Mayor, Members of the Council, my name is Jeff Huber. My address is 8385 West Emerald, Boise. De Weerd: Thank you. Huber: Staff has done an excellent job of describing our request to you tonight. We -- we are aware of the recent news developments regarding Rite-Aid and -- but we'd still like to move forward as quickly as we can and give this -- if you approve this request it would give us the ability to apply for a building permit as soon as possible and according to the lease we need to get under construction pretty soon and that is if they do finally sign the lease. So, these events are a little bit beyond our control that were out in the paper today, but we will try to work through them and develop that corner. De Weerd: Okay. Huber: Questions? De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Huber: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this? And we did have one sign up and he's walking forward. Aldridge: Very slowly. De Weerd: Thank you for joining us, Bob. If you will, please, state your name and address for the record. Aldridge: Bob Aldridge. 3300 Falcon Drive. Immediately to the south of this property. I'm in favor of getting this moving forward. Get tired of looking at old buildings and weeds and Meridian City Council October 27, 2015 Page 16 of 23 all that in my backyard. One thing I would like to note for the record -- and I have talked to Mr. Huber about it. When we negotiated with the prior landowners -- and I think the development agreement should show we negotiated for a rock face wall, not a vinyl fence, along the perimeter of the property as it faces our property. But I think we can get that worked out and figured out. The only other item is that on the extension of the sidewalk down to Falcon Drive, some years ago I donated my frontage there to ACHD on what I understood to be a promise that they would get a neighborhood grant and put sidewalk in. They somehow failed to do that and I have a little piece of asphalt there. So, it would be nice to have that, because we have a bus stop there right on that corner that a lot of kids use and so forth. So, I think this will help a lot of things, getting it moving and getting it in place, especially before next school year. De Weerd: Okay. Thank you, Bob. Council, any questions? Thank you. Aldridge: Thank you. De Weerd: Is there anyone else who would like to provide testimony on this item? Okay. Would the applicant like to respond? There were a couple of items that Mr. Aldridge had brought to the Council's attention that you may want to make comment on. Huber: Yes, Madam Mayor, Members of the Council. De Weerd: If you will just restate your name for the record. Huber: Jeff Huber. White-Leasure Development Company. Staff's report contains a drawing that says approved fencing plan on it and it does call for a Verti-Crete wall facing Mr. Aldridge's residence and he has indicated to me that he would like that to continue to the east a distance here to give him a little more visual esthetics to his property and we are more than willing to work with him on that. I'm not intimately aware of the details of the fencing plan, since we just came on this project recently, but this is the approved plan. We are certainly willing to work with Mr. Aldridge. He has been a great neighbor to work with so far and it's always been our desire to be good neighbors to the residences on all our projects. De Weerd: So, you feel comfortable making -- having Council reiterate that as a requirement? Huber: Yes. De Weerd: Okay. Anything -- does staff have something to add to the sidewalk point? Was that in -- Watters: There -- there is a development agreement provision, Madam Mayor, that the sidewalk be constructed down to Falcon across Mr. Aldridge's property. De Weerd: Okay. Meridian City Council October 27, 2015 Page 17 of 23 Watters: So, that is still a requirement. I would like to clarify, if I may, with Mr. Huber on the Verti-Crete wall. It's currently shown there before you on the overhead. It looks like it's already on the eastern portion of the property. Was he wanting it on the western south edge where the six foot solid vinyl fence was originally proposed? Huber: Does this show up on the -- I believe that's -- Watters: Jeff, if you touch the -- if you select at the top a color. Huber: Okay. Watters: At the top of the screen, Jeff. Huber: Okay. Watters: Push one of those buttons. Huber: Okay. I believe Mr. Aldridge was indicating in this area right here. He would like this to be continued over here and he also mentioned in this area here. Watters: So, along the entire eastern and southern boundary? Huber: Maybe Mr. Aldridge can come up. We just briefly whispered about this over there at the -- Watters: I was under the impression the eastern boundary was already fenced with a vinyl fence with the development to the east. Bird: That's what I thought. Watters: So, I just want to make sure we get the right details here. Aldridge: Bob Aldridge again. Yeah. We had negotiated with the visible part that we saw, which is the -- starting at the edge of the existing subdivision -- they have vinyl fence along that whole area, so from that point, then, heading west we wanted that, because that's our main view, that's -- our property line extends right to that and that's going to be our view, so we wanted that and, then, coming on around and all of that south edge was the bottom line -- was to be rock face. The other side already has the vinyl fence and the rest of it's road. De Weerd: Okay. Watters: So, Mr. Aldridge, can you see my pointer here on the screen? Aldridge: Yes. Meridian City Council October 27, 2015 Page 18 of 23 Watters: So, from here all the way across down to here. Aldridge: Yes. Watters: Thank you. That's it. Okay. Aldridge: Thank you. De Weerd: Thank you. Huber: And just to correct the record, it's not going across my property anymore, because I gave it to ACHD on that -- on the sidewalk. So, that's ACHD property. I don't know if that makes a difference or not, but -- De Weerd: It probably makes it easier. Aldridge: Well, did something right then. De Weerd: I am optimistic it makes it easier. Aldridge: Okay. De Weerd: I can't see Justin. Oh, because he's not here. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sonya, can you go back to the -- the one that showed that fence? Was that a six foot wall? Watters: Yes. Milam: Is that adequate for view blocking? Is that normal? Okay. Aldridge: Yeah. That's what the subdivision is all around the rest of the sides. And, frankly, I would rather not have it over six feet. I'm hoping to see some of the mountains still to the north of me. I may have to stand on my second floor and do that, but, nonetheless, I think six feet gives enough blockage with what they are, because that's a downhill slope going to the -- the north, so it would be dropping down where the shops actually are. De Weerd: So, your request that's contrary to the map that’s in front of Council right now Meridian City Council October 27, 2015 Page 19 of 23 -- would be where it's on the very southern end -- southern and western end from Eagle Road to that jag -- zigzag, but it says right now minimum six foot solid vinyl fence . You want it the same the whole way? Aldridge: Yes, Madam Mayor, that would be correct. De Weerd: Okay. Thank you. Aldridge: Thank you. De Weerd: And I guess the question to the applicant is would you agree with that? Huber: Yes, Madam Mayor. De Weerd: Thank you. Okay. Council, any other questions? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: For clarity, I think I got it right. We are going to have all that south -- southern border is going to be Verti-Crete wall? Huber: Yes, Councilman Bird. Bird: That's what I wanted to hear. De Weerd: Okay. Thank you very much. Huber: Thank you. De Weerd: Council, any further questions for the applicant or staff? If not I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on Shops At Victory H-2015-0010. Milam: Second. De Weerd: I have a motion and a second close to the public hearing on Item 7-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council October 27, 2015 Page 20 of 23 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2015-0010. It's a City Council review of preliminary plat condition 1.2.2, that requires this property to be subdivided prior to issuance of a building permit and to include all staff conditions, applicant testimony, and public testimony. Milam: Do you want to mention the wall specifically or -- Bird: That covers all the conditions. It covers all the conditions if it was special and he agreed to it. Milam: Okay. Second. De Weerd: I have a motion and a second to approve Item 7-D. That included the change to the Verti-Crete fencing all along the southern boundary. Any questions or comments from Council? 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 8: Ordinances A. Ordinance No. 15-1664: An Ordinance Repealing Title 2, Boards and Commissions, Chapters 1-7 Regarding Historic Preservation Commission; Parks and Recreation Commission; Transportation Commission; Planning and Zoning Commission; Arts Commission; Solid Waste Advisory Commission; and Board of Adjustment; and Replacing Title 2, Commissions and Committees, Chapters 1-8 Regarding Commissions; Committees, Boards, Coalitions; Arts Commission; Historic Preservation Commission; Parks and Recreation Commission; Planning and Zoning Commission; Solid Waste Advisory Commission; Transportation Commission; and Board of Adjustment; Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Item 7-A is Ordinance 15-1664. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. In your packet -- and I'm also having passed down a hard copy of the final version of the commissions and committee ordinance that we discussed last week. I wanted to just point out some of the changes Meridian City Council October 27, 2015 Page 21 of 23 from last week to this week based on your direction. There is a termination clause. We changed it from six meetings in a year to six meetings in 12 months, so that way it would have a rolling time period. There is a provision now under Section 9 of Subsection C that designates that our City Council or staff -- city staff members that are assigned to each of the councils. On the roles and responsibility we took out the word resolution, so it does require commission action to have to be approved by the City Council, but it doesn't require it to be done by resolution, because that isn't the common way you have done that previously. It does have a language now that compensation -- in C-3 that compensation for paid city or other governmental staff on commission, that's part of their work assignment -- isn't what this section is intended to address. And, then, what I did was I took the budget section and rewrote it and, then, put it in the enabling section at the beginning, because, again, if you provide a budget it would follow all the same rules that are required, whether it's receiving funds from outside sources, receiving grants, how it's expended, all that would be the same. If you don't provide a budget -- there are a couple of commissions that don't -- then it wouldn't be applicable, but it seemed to make sense it would cover them all the same. Everything else in relation to the commissions themselves is still the same language you saw previously. It's the things that are already in the ordinance as to their purpose and the duties a nd responsibilities. If it meets your approval you can approve it tonight if you wish. De Weerd: Council, any questions? Bird: Looks like the changes that we asked for. De Weerd: These are all items that were previously discussed. Okay. Rountree: Proceed with reading. De Weerd: Okay. Madam Clerk, will you, please, read Ordinance 15-1664 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1664, an ordinance of the City of Meridian repealing Title 2, Boards and Commissions of the Meridian City Code, regarding Chapters 1 through 7, Historic Preservation Commission, Parks and Recreation Commission, Transportation Commission, Planning and Zoning Commission Arts Commission, Solid Waste Advisory Commission and Board of Adjustment and replacing Title 2, Commissions and Committees of the Meridian City Code, Chapters 1 through 8 regarding Commissions, Committees, Boards, Coalitions, Arts Commission, Historic Preservation Commission, Parks and Recreation Commission, Planning and Zoning Commission, Solid Waste Advisory Commission, Transportation Commission, and Board of Adjustment. Providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Milam: Madam Mayor? Meridian City Council October 27, 2015 Page 22 of 23 De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 15-1664 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-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 9: Future Meeting Topics De Weerd: Any items to consider for future agendas? Item 10: Executive Session Per Idaho State Code 74-206 (1)(d)(f): (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: Seeing none, Item 10 is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206(1)(d). (f). Rountree: 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. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:55 p.m. to 8:35 p.m.) Rountree: I move to come out of Executive Session. Meridian City Council October 27, 2015 Page 23 of 23 Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Move we adjourn. Rountree: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:35 P.M. E OF THESE PROCEEDINGS) --MAYO- T MY de WEERD c- ATTES of city of JA CEE LMAN, CITY CLERK , � ,F Z1 1 IS DATE APPROVED