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HomeMy WebLinkAbout2015-11-17Meridian City Council November 17, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, November 17, 2015, by President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, David Zaremba, Joe Borton , Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Ted Baird, Jaycee Holman, Bruce Chatterton, Sonya Watters, Clint Dolsby, Jeff Lavey, Mark Niemeyer, 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 __ _ Mayor Tammy de Weerd Rountree: Good evening and welcome everybody for the City Council meeting at 7:00 o'clock for our November 17th meeting. I'd like to open the meeting with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance Rountree: If you would all stand and join me in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Randy Rodes from The Vineyard Meridian Rountree: Next we will have our invocation from Pastor Randy Rodes from The Vineyard Meridian Church. Welcome, Randy. And, please, join us in the invocation or take this as a moment of silence. Rodes: Lord God, thank you this evening for this time when we gather to make decisions on behalf of this great city. Lord, we thank you for our Mayor and every one of these Council Members and all of our city officials and as we think about this month being Thanksgiving month we are grateful to you, God, for our nation and for the freedoms that we have here. So, we ask, Lord, tonight that you would give your wisdom to each of these Council Members as they make decisions and give your wisdom and you would give, Lord, them the -- the knowledge and all they need to -- to make those decisions that protect our community and that is for the good of our community and we appreciate, Lord, Meridian City Council November 17, 2015 Page 2 of 21 the fact that that is their heart and so thank you for this meeting tonight. We give it to you in Jesus' name, amen. Rountree: Randy? Randy? I don't know if you have officially received that, a City of Meridian pin. And thank you. Rodes: Thank you. Item 4: Adoption of the Agenda Rountree: Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the agenda, Item 6-C has been requested by the applicant to continue to December 1st, 2015. Item 6-E has been requested to continue to December 1st, 2015. And on Item 9 the Executive Session, it has been asked to add Section F, which is to consider and advise its legal representative of pending litigation. With that I move we accept the agenda. Zaremba: Second. Rountree: It's been moved and seconded to approve the agenda. All those in favor signify by aye. Opposed by the same sign. MOTION CARRIED: ALL AYES. Rountree: Next item -- or before we go on, those folks that may be here for Item 6-E, the continuation has been requested because the applicant's representative could not be here this evening and they are still working on comments, so the hearing will open, but we will have no presentation on the application this evening, unless staff feels that it's necessary, and if you're here for that you won't know what they are presenting, we don't know what they are presenting, so unless you want to sit through the rest of the meeting there probably won't be any testimony this evening. But if you wish to come on December 1st or if you wish to provide written testimony that's welcome as well. Item 5: Consent Agenda A. Approval of Task Order 10461.E to SPF WATER ENGINEERING for the “WELL 29 WELL HOUSE AND PUMPING EQUIPMENT – IDEQ PERMITTING AND ENGINEERING - DESIGN” project for a Not-To-Exceed amount of $89,900.00 Meridian City Council November 17, 2015 Page 3 of 21 B. Approval of Purchase Order #16-0106 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not-To- Exceed amount of $653,814.00. C. Approval of Task Order 10615.A to Bowen Collins & Associates for the “CONTROLS DESIGN AND PROGRAMMING – PRV 1, 3 & 7 CONTROL SYSTEM UPGRADES” project for a Not-To-Exceed amount of $54,600.00. D. Professional Service Agreement for Traffic Box Wrap Art - "Happy Elephant" by Andrew Clifford at Fairview & Locust Grove E. Approval of the August 11, 2015 City Council Meeting Minutes Rountree: Okay. Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 6: Action Items A. Public Hearing: TEFRA Hearing for Ambrose School Rountree: Next item under Action Items, Item 6 is a public hearing for the TEFRA hearing for Ambrose -- Ambrose School and I will officially open the public hearing for that and if there is a representative out there from Ambrose, would you, please, come forward and tell us about this particular hearing. Yes. All the way up here. Give us your name and address for the record. Vander Leest: My name is Kirk Vander Leest and my address is -- our address is 6100 North Locust Grove Road in Meridian. So, this is for a refinance -- a bond refinance that we are undergoing through Wells Fargo to acquire and build -- acquire eight acres and to build out the final structure on our existing parcel. Meridian City Council November 17, 2015 Page 4 of 21 Rountree: For the record would you tell us what TEFRA stands for? Vanderly: Great question. I have a piece of paper here that I think can help me in that and -- I don't know what that stands for. I apologize. I'm before you tonight as a member of the board of directors asking to stand in front of you. Rountree: Are there any questions? Cavener: Mr. President? Rountree: Luke. Cavener: I searched out the handy Google and according to that it says that TEFRA is the Tax Equity and Fiscal Responsibility Act of 1982. The federal law dealing with basically tax revenue and bonding. Maybe the member of our legal department can add any other additional information that he deems necessary. Baird: Mr. President, Members of the Council, this is simply a part of the process for the Ambrose School to receive the bonds from the public financ e authority. The local jurisdiction that the school has been the bond holder is in basically hosts the hearing, that's why we are here. All that we will be doing at the close of the hearing is taking a motion to approve the documents that the city has he ld the hearing, doesn't have any objection to the bond and -- there you go. Rountree: Any further questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just to clarify our role in this, my understanding is that, of course, Ambrose School is a private organization that's not an arm of the city and they are either taking or renewing a loan and the city's position is not to take on any responsibility for the loan, but to assure the lender that this is an organization that does business in our city and is known to us. I believe that's the only part we are being asked to respond to. Am I correct? Rountree: That's correct. Baird: Yes. And the documents that the Mayor will sign say that. Rountree: Any other questions? This is a public hearing. Is there anyone in the audience that wishes to testify? I see no one and I will comment that there has been no written testimony received, so I will officially close the hearing and seek a motion on the proposed -- not the resolution, but the actions that have been requested. Meridian City Council November 17, 2015 Page 5 of 21 Bird: Mr. President? Rountree: Mr. Bird. Bird: I think we need a motion to close the public hearing first, don't we? Rountree: If you wish, but that's -- Bird: Okay. Whatever. Then I will make a motion that we -- City Council approves the public finance authority, educational facility revenue, refunding and improvement bond for Ambrose School Series 2015 and for the Council President to sign and the Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded for the motion stated. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Vander leest: Thank you all. Rountree: Do we need another motion to -- do we need a motion for the -- Bird: This is just for the public hearing. Baird: Mr. -- Council President. I think the motion was inconclusive that all appropriate documents be signed by the Council President. B. Public Hearing Continued from October 20, 2015: H-2015-0002 Woodland Springs Subdivision 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 Rountree: Very good. The next item, Item 6-B, public hearing continued from October 20th for the Woodland Springs Subdivision time extension. Staff. Watters: Thank you, President Rountree, Members of the Council. The application before you is a request for a time extension on the preliminary plat for Woodland Springs Subdivision. This property is located at the northeast corner of North Locust Grove Road and East McMillan Road. The applicant requests a two year time extension on the preliminary plat to obtain the city engineer's signature on the second and final phase final plat. This is the fourth time extension requested by the applicant. The preliminary plat Meridian City Council November 17, 2015 Page 6 of 21 was approved in 2007 and the first phase final plat was recorded in 2008. With all extensions the Council may require compliance with current provisions of the UDC as a condition for granting the time extension. As conditions of approval of the subject time extension staff recommends future development comply with the design standards in effect at the time of development and that a vehicular cross-access ingress-egress easement and a pedestrian pathway stub is provided to the property to the north for future interconnectivity as shown on the plan before you. No written testimony has been received on this application. Staff is recommending approval of the requested time extension with the conditions in the staff the report. Staff will stand for any questions. Rountree: Any questions for staff? Bird: I have none. Rountree: Seeing none, does the applicant want to make some comments? Please. If you would state your name and address for us. Morgan: My name is Matt Morgan. 4543 McCowin Lane, Idaho Falls, Idaho. I'd like to thank City Council tonight for -- for your time in considering my time -- my extension on my preliminary plat. With the change in the economy we are -- we are still doing our best as developers of the property to regain some ground and get the project jump started and moving forward, so we are still pursuing our -- our same approvals that were approved in 2008 -- '7 I guess it was. With that said I respectfully would like to dispute some of the staff's recommendations in the interest of what I understand is a new -- some new standards and guidelines as it relates to the cross-access agreement in the ingress easement that's being proposed on the north and my reasons in disputing that are -- are that in my conditions of approval when we started this development one of the conditions for approval was that I place a fence on both my east property lines and my north property line. That's in my development agreement, which is contradictory to -- to having cross- access across my property line on the north. But also my dispute is further in the interest of -- for a cross-access agreement at either of these locations there is no proposed development plan with the neighboring property north of me and I believe that the Comprehensive Plan calls for residential development to the north as well, which I don't know necessarily lends itself to a cross-access agreement up on the north road frontage on Locust Grove. As far as the pedestrian pathway cross-access agreement in the back, if you look at our -- our plan for our -- land plan for our development, I think that the pedestrian pathway in the back would -- would cross in behind the inline retail building that we intend to build there and I don't know that in the interest of in the evenings that that would necessarily be a safe passage of pedestrians back in behind that building in this particular situation. So, with those reasons I just respectfully would like to request the extension of my preliminary plat without these additional guidelines that I guess were -- go along with the new ordinance that's been put in place since I started this development.. Rountree: Questions? Cavener: Mr. President? Meridian City Council November 17, 2015 Page 7 of 21 Rountree: Luke. Cavener: Mr. Morgan, just a question. The two year extensi on, that's going to put you at a decade from when you first brought this project here. What assurances that we are not going to see you again asking for another two year extension? Morgan: I can't give you any guarantees on that, but I can assure you that -- that that time that's past since then is strictly due to the downturn in the economy and we are doing everything we can to market the property. Colliers is helping us market the property and we are doing everything we can. We have aggressively negotiated on several different deals that have come our way just in the last 12 to 18 months and the Colliers brokers are telling me that things are looking more positive all the time for the development and we have been able to hang on. We -- we weren't like a lot of other developments that went into foreclosure and bankruptcy. My partner Ball Ventures and I, we both have substantial amount of money invested in this project and I can assure you we are doing everything in our power to try to get things moving forward so that it will work economically for us and the city. Cavener: Thank you. Rountree: Okay. This is a public hearing. Is there anyone in the public who wishes to provide testimony? Seeing none, are there anymore questions for Mr. Morgan or staff? Milam: Mr. President? Rountree: Genesis. Milam: I guess I would like to have staff maybe address the issues that Mr. Morgan brought up regarding the pathways and cross-access. Watters: President Rountree, Council Woman Milam, there is a require -- or there is a requirement on here for fencing around the north and I believe it was east perimeter boundaries. That does still stand. However, a section of that fencing could be -- I'm not sure if it's existing or not, but if it is it could be removed for the cross-access. We do like to see pedestrian and vehicular cross-access and interconnectivity between residential subdivisions and commercial for neighborhood commercial uses. Rountree: Any other questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I would just like to comment the idea behind cross-access agreements is so that customers, drivers, don't need to go out onto the arterial road in order to get from Meridian City Council November 17, 2015 Page 8 of 21 property to property and in my opinion that would be useful and true whether the neighbor is residential or not. Rountree: Other comments? Questions? Mr. Morgan, you get the last word. Morgan: As I say, I just don't think that the conditions here lend themselves that well to cross-access agreement, but I guess my comments will just stand as stated, so -- Rountree: Okay. Thank you. Morgan: Thank you. Rountree: Seeing no more folks wishing to testify do we have a motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on H-2015-0002. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 6-B. All those in favor signify that aye. Opposed same sign. MOTION CARRIED: ALL AYES. Rountree: What are your wishes? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve the two year time extension for H-2015-0002 and in this time extension include staff recommendations for a cross-access and ingress easement. Rountree: Do I have a second? Zaremba: Second. Rountree: It's been moved and seconded as stated. Roll call vote. Borton: Mr. President? Rountree: Joe. Meridian City Council November 17, 2015 Page 9 of 21 Borton: Did the motion include the staff conditions with regards to compliance with the UDC conditions as well? Bird: Yes. Yes. The staff conditions. Borton: Okay. Rountree: Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, nay. MOTION CARRIED: FIVE AYES. ONE NAY. C. Continued from October 27, 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 Rountree: Okay. Next item is Item 6-C. Could I have a motion to continue that item? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue H-2015-0004 to December 1st, 2015. Zaremba: Second. Rountree: It's been moved and seconded to continue Item 6-C. All those in favor of the continuance signify by aye. Thank you. MOTION CARRIED: ALL AYES. D. Public Hearing: Stinker Station at Paramount Commercial (H- 2015-0012) by CSHQA Located 1410 W. McMillan Road Approved 1. Request: City Council Review of a Reduced Buffer to Residential Uses from 25 Feet to a Width Ranging from 7 to 11 Feet; and to be Relieved from Conditional Use Permit Condition #1.5 Which Requires the Fuel Canopy to Incorporate Materials and Colors Consistent with the Convenience Store/Restaurant Meridian City Council November 17, 2015 Page 10 of 21 Rountree: Next item is Item 6-D, public hearing for Stinker Station at Paramount Commercial, H-2015-0012. Staff. Watters: Thank you, President Rountree, Councilmen. The next application before you is a request for City Council review. This site consists of one acre of land. It's zoned C-G, located at 1410 West McMillan Road, just at the northeast corner of McMillan and Linder Roads. A conditional use permit was recently approved for a drive-thru establishment on this site within 300 feet of another drive-thru facility and extended hours of operation, 24 hours a day, seven days a week, for a convenience store and restaurant and a fuel facility in the C-G district adjacent to residential uses. The hours for the drive-thru are restricted from 6:00 a.m. to 11:00 p.m. The extended hours do not apply to the drive-thru. The applicant is requesting City Council review of the following conditions of approval associated with the conditional use permit. The first condition is number 1.2D, which requires a 25 foot wide landscape buffer to be provided adjacent to the residential uses to the north, unless otherwise approved by Council. The applicant proposes a reduced buffer width ranging from seven to 11 feet between the drive-thru driveway and the east- west cross-access driveway located along the north boundary of the site adjacent to Linder Springs Apartments. The buffer is proposed to contain a six foot tall CMU bound and screened wall and landscaping. The reduction does not affect building setbacks. So, just to kind of go through this. This is the drive-thru window here. Cars going through the drive-thru. Their proposed buffer. The line here is the proposed CMU wall and this area here is the cross-access driveway that goes between the properties here within this subdivision. There is a five foot wide landscape buffer and six foot tall wood fence along the north boundary of this lot adjacent to the residential uses that we have put in with that development. The second request is to condition number 1.5, which requires the fuel canopy for the fuel facility to incorporate materials and colors consistent with the convenience store and restaurant. The applicant requests to be relieved from this requirement. The proposed canopy as shown there is finished with aluminum composite panels faced with Sinclair graphics per Sinclair fuel's branding and imaging requirements and is a recognized element used by the company to brand and identify themselves to their customers. There has been no written testimony submitted on this application and staff will stand for any questions. Rountree: Questions for staff? Seeing none, is the applicant present? Marshall: For the record, Jim Marshall, CSHQA Architects, 200 Broad Street, Boise. Members of Council, we are very excited to work with Stinker Stations as their remodeling some of their stores, bringing some new C stores to the valley and this is our first new ground up Stinker with Stinker stores. Currently just remodeled one in the Hyde Park area. So, we are very excited to work with them as they are upgrading some of their stores. I think staff kind of went over the issues real quickly. The building is approximately 50 feet south of the property line with the adjacent property owner with the residential portion. Stinker has had several conversations. They actually have a letter of approval or acceptance with the adjacent residential owner. We went through some concessions and back and forth with providing the sound wall , locating it where the mini boards and order boards would be, as well as limiting the hours of the drive-thru portion of Meridian City Council November 17, 2015 Page 11 of 21 it. So, what we have here is a nice landscape planter. There is still buffers to the building from the adjacent residential, but also includes a six foot sound wall that should help any transmittals of sounds from the drive-thru window or the order board as well. To be relieved of the condition for the canopy, we are providing a similar material on the building as on the canopy. The canopy is a branding piece for Sinclair, just like Ford or Chevy, our people are very particular about this as well and so that is the direction we would like to proceed is with the branding. We have worked with Stinker in trying to find complimentary colors that go with the greens, but it still works a s a whole, as well as the light that's going to be on the Stinker sign and some of the background pieces will be complimentary t o the white that's on the canopy as well. Also we have an access point across the back and a pedestrian pathway that we are connecting to the adjacent residential across the back and it runs around to the front of the store and matches up to where the ped estrian crossing is and gate in the back fence. I think that pretty much concludes it. I would stand for any questions that you might have. Rountree: Any questions? Milam: Mr. President? Did you say you had that letter with you or did you present it to -- Marshall: We presented it to staff, but we do have one with us if you would like to we could bring it forward. It was presented I think at least in our CUP portion; is that correct, Sonya? Watters: Yeah. I can attest to that. The city did receive a letter from the adjacent property owner stating they were okay with the reduced buffer. Milam: Thank you. Cavener: Mr. President. Question. The seven to 11 feet of landscape buffer, is that -- is that a range or is that -- Marshall: Yeah. As you can see on the -- on the -- yeah, it's thinner, kind of where our exit is for of the escape lane. So, what we are doing is where you can see the term residential on the top of the screen, that's where the connection to the adjacent residential is. Cavener: Uh-huh. Marshall: As pedestrians from there would proceed south, we pick up a sidewalk against the building, so pedestrians have a safe path around to the face of the building, so that narrows up that drive aisle just a little bit on that landscaping. Rountree: Other questions? Thank you. Marshall: Thanks. Meridian City Council November 17, 2015 Page 12 of 21 Rountree: This is a public hearing. Are there any individuals that wish to testify? Don't see anybody. Thank you. Borton: Mr. President? Rountree: Mr. Borton. Borton: Question for staff with regards to the canopy. Was there any discussion or give and take with regards to the -- any of its design elements? Looking at the UDC condition about materials and colors consistent which seems somewhat flexible. Was there any progress made? Watters: President Rountree, Councilman Borton, no, they didn't proposed any alternative, they just would like it approved as is. Borton: Okay. Were there proposals or alternatives that staff presented they thought would fit that condition that might be a middle ground that weren't acceptable? Watters: There was some suggestions made basically in colors, some material to the pillars of the canopy. At the very least -- there is not a lot you can do with these, but color helps a lot. Borton: None of it was acceptable? Watters: No. Rountree: Other questions? I do have a sign up here for Steve Watts wishing to testify for. You don't have to come up here if you don't want. I have got your -- Watts: I'm Steve Watts with Stinker stores. Do you need my address? Rountree: Yes. Watts: 300 North Orchard Street in Boise. Rountree: Thank you. Watts: Just like to thank you for the opportunity to come before you and have you consider our request. What I would like to share with you is we spent a great deal of time working with the neighbors, held a neighborhood meeting, spent a great deal of time talking with each of the members of the apartment complex on both the reduced landscape barrier request, as well as colors and renderings. Spent quite a bit of time with the developer and the staff and folks here and believe that we came to a solution that's going to look very complimentary to the development. As Jim shared with you, CSHQA spent a lot of time on colors and design and as you see from the picture the lines in the canopy match the lines on the front of the building and we feel like given what we had to Meridian City Council November 17, 2015 Page 13 of 21 work with we made it as complimentary as we could. The colors I think look nice and I think it will be a welcome addition to the -- to the development and so appreciate your consideration. As far as different colors go, fuel brands are much like car brands or anything else, they have a lot of brand loyalty. It's a recognized part of the Stinker brand, as is true with any gas station, so as we look around Meridian and Boise, we look at brands like Sinclair, Shell, Chevron, what we are requesting is consistent with what is currently out there and permitted and accepted within the City of Meridian, as well as the surrounding areas. So, feel pretty good about the effort s we have put forward to create a design that would be very complimentary to the city and the development this is going to be in, so happy to answer any questions if anybody has them, but appreciate your consideration. Rountree: Any questions? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Mr. Watts, is what's shown here the original canopy as presented or does this reflect concessions or alterations made by -- Watts: That's -- that's an original Sinclair canopy design, so this is what's known as a Sinclair centennial image and the Sinclair centennial image, which is their current image, looks exactly like this in all formats, so it's similar to what Chevron would have in blue colors or Shell in yellow. This is just what comes from Sinclair and typically the changes on it might be which side of the canopy Sinclair is on or which side the dinosaur is on as you face traffic, but as far as the design this is -- this is how they -- they come out. So, it's not our intent to be inflexible, but we have to adhere to brand standards when we are branded with a Sinclair or a Chevron, so it's really a reflection of what they -- what they ask us to put together to meet their brand standards. Borton: Okay. Thank you. Rountree: Any other questions? Thank you. Watts: Thank you. Rountree: I will ask again if there is anyone wishing to testify? All right. Any further discussion? What's your pleasure? Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council November 17, 2015 Page 14 of 21 Bird: I move we close the public hearing on H-2015-0012. Zaremaba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 6-D. All those in favor signify by aye. Opposed the same sign. Thank you. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I feel the canopy is -- it's a standard that I'm sure Sinclair has got all over the United States and -- and I don't see anything offensive with it. It's the same as Chevron, Gem Fuel, or any of them, they have got their standard one that they put up and it's kind of a trademark for them, so I really can't see penalizing them on that. I don't see anything wrong with the canopy as it stands. The reduced buffer is -- I have no problem with, as long as it's -- they have talked to the neighbors, they have evidently done their diligence of getting out and talking to everybody and we have got a letter on file stating that's fine, so that's my view. Rountree: Other comments? Borton: Mr. President? Rountree: Mr. Borton. Borton: I agree with Councilman Bird. I think the provision with regard to the canopy is -- I think it's a valid condition and it's one that I appreciate staff insuring and enforcing. I think this is an exception. From what I heard from the testimony is somewhat unique circumstances with regards to this particular tenant. Removing this particular condition from this project I don't think speaks to an opportunity to remove it from other projects, I think this is a unique rare circumstance, so I'm supportive of it in light of that. Rountree: Further comment? Bird: Mr. President? Rountree: Mr. Bird. Bird: If we have no other comments, I move we approve H-2015-0004 and to approve the -- the buffer, but to allow the -- I'm sorry. Pull that. Didn't have a second. I move that we approve H-2015-0012 and reduce the buffer, but leave the canopy as in. Rountree: Is there a second? Meridian City Council November 17, 2015 Page 15 of 21 Milam: Second. Rountree: It's been moved and seconded to approve Item 6-D with respect to the reduced landscape buffer and the condition that the canopy stays as proposed. Roll call. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. E. Public Hearing: RZ 15-012 Easy Jet Subdivision by Reginald Jones Located 2750 S. Eagle Road 1. Request: Rezone of 6.55 Acres of Land from the R-4 to the R- 15 (4.93 Acres) and L-O (1.62 Acres) Zoning Districts 2. Request: Preliminary Plat Approval Consisting of Three (3) Multi-Family Residential Building Lots, Two (2) Commercial/ Office Building Lots and One (1) Common Lot on 5.41 Acres of Land in a Proposed R-15 and L-O Zoning Districts 3. Request: Conditional Use Permit for a Multi-Family Development Consisting of Sixty-Four (64) Residential Dwelling Units in an R-15 Zoning District and Office Uses in an L-O Zoning District Rountree: Next item on the agenda is public hearing for RZ 15-012, Easy Jet Subdivision. And as I stated earlier, this is a request for a continuance until December 1st in order for the applicant's representative to be here and in order for them to make a presentation to City Council. If there is anyone here that is for this particular hearing and can't possibly be here for the 1st, we would welcome your comments, but since we don't have an item before us in terms of information, it's kind hard for us to deal with the comments they could get back on the 1st. So, I will offer that opportunity, but, again, it's your first opportunity, but it might not be your last. I don't see anybody that is stepping forward. I do have a sign up for Dennis McKibben against and Robert Nielson against. So, we have that on record and we will continue that on with the hearing. That will be part of the hearing record. If there is no one wishing to testify at this point time I need a motion for continuance. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue the public hearing on RZ 15-012 to December 1st, 2015. Milam: Second. Meridian City Council November 17, 2015 Page 16 of 21 Rountree: It's been moved and seconded to continue Item 6 -E. All those in favor signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Fire Department: Discussion of Fire Engine Purchase Rountree: Next item is Department Reports. Chief. Niemeyer: Mr. President, Members of the Council, thank you for hearing our request tonight and considering it. As you recall in the FY-16 budget we did allocate funds for one fire engine to be replaced at the tune of 535,000 dollars. That is Engine 39. It's a 1993 Pierce engine. We had two pump failures on that. It's 22 years old with 140,000 miles on it. So, that was the engine you approved to be replaced. As we went through the process of looking at our specs for the engine we just bought, we looked at areas that we could try and find to even cut cost further. We were able to -- as we were back at Pierce looking at a new chassis that they were offering now that is slightly lighter weight than the Arrow chassis that we just bought. Certainly still meets the department's need based on our call volume and we were able to bring down that single engine price to 526,800. So, not a large savings, but certainly trying to find savings where ever we can. About two weeks ago we were informed there is a six percent cost increase coming effective November 30th of this year that we did not anticipate. That's a breakdown of two increases. One is three percent increase in the HGAC government contract, which our city uses to buy capital items. It does give us our best pricing for fire engines going through that government contract and, then, another three percent increase through Pierce as a result of federal emissions requirements coming to new fire engines. As we learned that, we sat down and met with Stacy Kilchenmann, the CFO, as well as Councilman Borton, just to articulate that that change is coming and in working with Stacy identified an option to purchase two this year. Certainly wasn't in the plans going into this budget year, but this is an opportunity that has presented ourself almost out of financial crisis with the increase. That -- that change, that increase amounts to 31,608 dollars -- I even got it down to the eight. If you order multiple engines at the same time, there is additional savings through Pierce, so that's another 17,100 dollars if two are ordered, which brings the price per engine down to 518,250, which is the budget amendment amount before you. In working with Mrs. Kichenmann there is currently 458,000 dollars in the public safety fund. You all allocated one percent last year to go into that to start planning for replacements of engines. In addition we did receive a check for 12,000 dollars from the sale of our 1982 Pierce last year. That has been put into the fund. Very conservatively we did some research to find out if we sold two what are they going to be worth on the open market. That conservative figure is 50,000 dollars. We were told anywhere from 75 to 85. We wanted to make sure we were being conservative and not bringing you a number that's way beyond what we could bring. If the second engine is approved tonight, it would replace the current Engine 35. That's a 2002 Pierce, 13 years old, with 160,000 miles. Meridian City Council November 17, 2015 Page 17 of 21 For some of you that were here at the time, that was originally Engine 31 when new Station One was built in 2000. That's where that engine was originally, as we did move it out to Station Five to try and keep the miles down on it as long as we could. So, that is the request before you tonight. I will certainly stand for any questions that I can answer. Rountree: Question for the chief? Cavener: Mr. President? Chief, the proposed engine of 8,200 dollars less than the one we just replaced -- I recognize it's lighter. What other differences are we looking at? I mean where is the difference in the 8,200? Niemeyer: The biggest cost is just the difference in the chassis. If I get real technical it's in the frame rail and I'm going to try and articulate as best I can from memory. I believe we are going from a 14 inch frame rail to a ten inch frame rail. That is the biggest cost in the steel and what it takes to put that engine together. Operationally it does nothing to hinder our response or to hinder even the long term sustainability of the engine based on our call volume. Cavener: Okay. Thank you. Zaremba: Mr. President? As I recall, the supplier Pierce has kind of a long lead time and they keep getting longer. I wonder if there would be any advantage in -- or extra savings in ordering three of them now and tell them we don't want the third one for ten years or -- it may take them that long anyhow if they are having a big backlog. Bird: Let's keep our money and make -- Niemeyer: The challenging part to that -- realizing the theory you're going behind -- is the delivery of goods, especially capital items if you pay for it now, certainly Finance will say we need to be receiving that in a timely manner. We -- we have been working with Stacy, she understands the lead time to get these built, so we have allocated a mechanism that if we receive it after October we carry forward those funds, understanding it's coming mid October, November 1st at the latest. I don't know if I can twist Stacy's arm -- Zaremba: Don't want to do that for several years though. Niemeyer: Yeah. Zaremba: I understand. Okay. Borton: Mr. President? Rountree: Mr. Borton. Borton: I understand that the request now is to get the direction from Council to bring forward a budget amendment for that sum at the next meeting; is that correct? Meridian City Council November 17, 2015 Page 18 of 21 Niemeyer: Councilman Borton, you should have the budget amendment before you. I sure hope. Borton: We don't have -- the form itself is not here. I know you want the direction before the 30th so the order can be placed, but -- Niemeyer: Yes. Borton: -- we don't have the form. Niemeyer: I will find out where that went. I have got it. A copy of it. I went through the process, so I was thinking it was on the agenda for tonight. Rountree: Other questions? Just for clarity, there is money budgeted already for one. Niemeyer: Yes. Rountree: And you're requesting a budget amendment for an additional to be funded out of the public safety fund? Niemeyer: The public safety fund and we will be short -- Rountree: And the sale of another engine. Niemeyer: Yeah. There will be 48,250 taken out of the General Fund that will be replaced once the engines are sold. So, it will come back to the General Fund. That's the amount we are short from the public safety fund. I apologize, I thought you had the amendment in front of you. Bird: Mr. President? Rountree: Mr. Bird. Bird: To clarify the framework on going down, I -- I don't think that -- I think they overbuilt. I have had the privilege of getting to go through that plant and watching it. The structure is still built the same, they just go from a 14 inch tube to a ten inch tube, which is -- but the walls are the still same, they are still 3/16ths inch walls. They were putting some of these out when I was back there for the smaller departments and I think it's well worth the savings and -- because the equipment that goes on it is still all the same, works the same and everything, so -- and I -- I think we can tighten our belts and save our six percent for our taxpayers and get this done. I'm in favor of it. Rountree: Other comments? Questions? Just -- Is the payload reduced? Less volume of water you're able to haul? Meridian City Council November 17, 2015 Page 19 of 21 Niemeyer: No. Same size tank. Rountree: Okay. Bird: Got the same size weight distribution? Niemeyer: Yeah. Same suspension and everything else. And we have evaluated it carefully and we are very confident it's a good chassis. Bird: They talked to Ron and I back there when we were back there. Niemeyer: Thank you. Rountree: Okay. No more questions? What's your pleasure? Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we approve the budget amendment for first and the second fire engine -- the amount is what I'm trying to articulate, because it's coming from -- it's not the 48,250, it's from the General Fund as well. Niemeyer: The budget amendment amount is 518,250 dollars. Borton: Mr. President? Rountree: Mr. Borton. Borton: I move that we approve the budget amendment for the Fire Department for the purchase of a second engine as presented in an amount not to exceed 518,250 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve the budget amendment and seek signature of that. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Niemeyer: Mr. President, I will follow up on that amendmen t and get that to you in the absence of the Mayor. And just to close the loop, I did chat with the Mayor before she left and she was supportive of this. I meant to mention that in my presentation. Item 8: Other Items Meridian City Council November 17, 2015 Page 20 of 21 Rountree: Next item. Other items? Item 9: Executive Session Per Idaho State Code 74-206 (a)(i): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general; AND (i) To engage in communications with a representative of the public agency's risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed Amended onto the agenda: (f) To Consider and Advise Its Legal Representatives in Pending Litigation Rountree: Final item is the Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-206, items (a), (f) and (i). Zaremba: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:48 p.m. to 8:03 p.m.) Rountree: I need a motion to come out of Executive Session. Bird: So moved. Cavener: Second. Rountree: It's been moved and seconded to come out of Executive Session. All in favor signify by aye. MOTION CARRIED: ALL AYES. Bird: I move we adjourn. Meridian City Council November 17, 2015 Page 21 of 21 Milam: Second. Zaremba: Second. Rountree: It's been moved and seconded that we adjourn. All in favor signify. MOTION CARRIED: ALL AYES. Rountree: Thank you all. Have a good evening. MEETING ADJOURNED AT 8:03 P.M. (AUDIO G ON FILE OF THESE PROCEEDINGS) t2 i -[DE , HA ERO TREE � � DATE APPROVED ,4� PtUD AOCCi ��. ATTEST: "` f ctr� ,f LMAN, (;I I Y ULEKK Vr:r !,, o