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HomeMy WebLinkAbout2016-06-28Meridian City Council June 28, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June 28, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Genesis Milam, Ty Palmer, and Luke Cavener. Member Absent: Joe Borton and Anne Little Roberts. Others Present: Ted Baird, Jacy Jones, Bruce Chatterton, Sonya Watters, Bill Parsons, Warren Stewart, Jeff Lavey, Jamie Leslie, Perry Palmer, Mike Barton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. __ Anne Little Roberts _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I'm going to go ahead and start tonight's meeting by first welcoming those that are in attendance. Thank you for joining us. For the record it is Tuesday, June 28th. It's 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 with Rod Enos with Southside Christian Center De Weerd: Item No. 3 is our community invocation. If you will all join us in our community invocation, along with Pastor Rod Enos with the Southside Christian Center. Please come forward. We would ask you to join us or take this as an opportunity for moment of reflection. Thank you, Pastor Rod, for being here. Enos: Thank you. Please join me in prayer. Father God, we thank you for this evening and we acknowledge you, because you are the Sovereign God and you rule and reign in the affairs of men. We acknowledge you with t hanksgiving for the wonderful community that you've allowed us to live in. Thank you for the Meridian City Council June 28, 2016 Page 2 of 39 freedom that we enjoyed in this great nation. Thank you for the men and women who have fought for our freedom and we thank for these men and women who are your servants and the servants of this community who have dedicated themselves to serve for the welfare of this community. Father, we acknowledge our need of you. We need your wisdom. We need your guidance, your discernment, so that we could lead well. We pray this evening that you would grant our Honorable Mayor Tammy and the City Council your wisdom and guidance and direction in this meeting as they lead our community. We pray your blessing and your favor to continue to rest over our community. We pray for your protection and provision for each individual and each family. Lord we ask your forgiveness where we have not loved you with all of our hearts, nor loved our neighbors as ourselves as you have commanded. We pray, Lord, that you would give us grace to do that and to live our lives in a manner worthy of you to honor you always. We ask this in Jesus' name, amen. De Weerd: Pastor Rod, have I given you a City of Meridian pin? Enos: I don't think you have. De Weerd: I would like to offer that to you tonight and thank you for joining us. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item 5-B has been asked by staff to be moved to 7-D off the Consent. And Item 5-H, the resolution number is 16-1148. Item 8-A and 8-B have been requested to be continued to August 23rd, 2016. Item 8-C has been requested to continue to July 19th. It was noticed wrong. And Item 8-E has been asked to continue to July 5th, 2016, and 10-A, the ordinance number is 16-1698. With that I move we approve the amended agenda. Cavener: Second. De Weerd: I have a motion and a second to approve the amended agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda Meridian City Council June 28, 2016 Page 3 of 39 A. Professional Service Agreement for Artwork for Traffic Box Art Project - Bonnie Peacher B. Professional Service Agreement for Artwork for Traffic Box Art Project - Brian Schreiner C. Professional Service Agreement for Artwork for Traffic Box Art Project - Karyn deKramer E. Ustick Road, Linder to Locust Grove Cost Share Agreement with the Ada County Highway District F. Modified Development Agreement for Meridian Property Group (H-2016- 0004) with Eddy Christensen, located at 1065 and 1139 E. Fairview Avenue G. Findings of Fact, Conclusions of Law for Volante Investments (H-2016- 0056) By Volante Investments LLLP Located at 2600 & 2700 E Overland Road H. Resolution No. 16-1148: A Resolution of the Mayor and City Council of the City of Meridian Reappointing Ryan Lancaster to Seat 9 and Appointing Brent Knezacek to Seat 8 of the Meridian Transportation Commission; and Providing for an Effective Date. De Weerd: Okay. Item -- under our Consent Agenda -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Under the Consent Agenda, as sated earlier, 5-D has been moved to 7-D. And 5-H, the resolution number is 16-1148. And with that I move we approve that agenda for the -- the Consent Agenda and the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Meridian City Council June 28, 2016 Page 4 of 39 MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Community Items/Presentations A. Presentation by the Allumbaugh House B. Mayor’s Office Budget Amendment for the Allumbaugh House/Crisis Center Contract in the Not-to-Exceed Amount of $3,503.00 De Weerd: Item 6-A is under our Community Presentations and we have some of our experts from the Allumbaugh House to talk with you about Allumbaugh House, but probably equally as important is the crisis center that the new project will be moving towards. So, Diana, I'm going to turn this over to you. Lachiondo: Thank you very much. Hi, Madam Mayor, Council Members. My name is Diana Lachiondo. I'm the director of Community Partnerships for the city of Boise. Today I'm joining you as the chair of the professional resource committee that is a group who meets regularly to work on Allumbaugh House. Today -- De Weerd: So, you drew the short straw and getting the honor to present. So, thank you for doing that. Lachiondo: I also have with me here Heidi Hart, who is the CEO of Terry Reilly Health System and Cindy Miller, who is the director of Allumbaugh House and as I will explain here shortly, Terry Reilly is the operator of Allumbaugh House. So, we are going to talk about a specific item today, but Mayor de Weerd and I discussed taking this opportunity to actually update you on the work of Allumbaugh House, give you some history, as some of you may or not have been here when Allumbaugh House was conceived of and got started. Talk about the crisis center opportunity and, then, the specific request that the joint powers entity that governs Allumbaugh House has for all the entities who were a part of Allumbaugh House, including the City of Meridian. So, to get started, Allumbaugh House is our regional detoxification and crisis mental health facility. It is very unique in that it is jointly governed and funded by Idaho Health and Welfare, Boise, Meridian, the Boise City Ada County Housing Authority and Ada County. It also receives additional support from St. Alphonsus and St. Luke's. Terry Reilly Health System serves as the operator of the facility and when I say that's unique, I don't know of many, although there are a few other times where we all come together and jointly work on these types of projects and so it's a real honor to be able to work with Mayor de Weerd and Meridian and all of the other entities on this effort. Some history of how this got going. Really more than a decade ago there was what I would call a human cry in this community for the need for detoxification and sobering services for persons who lacked health Meridian City Council June 28, 2016 Page 5 of 39 insurance. So, if a person is in need of some kind of detox service and they happen to have health insurance, they're able to access one of the private facilities in the Treasure Valley. However, if they do not have health insurance there really was no place for them to go and they were often spending time either in the jail or in one of our hospital systems. Similarly, our law enforcement officers were and continue to struggle with finding the appropriate place to place people who may not necessarily be a danger to themselves, but can't be really left alone and so they're spending time either at the ER or the jail. A steering committee was formed in 2005 after a lot of heavy lifting, a lot of work, Allumbaugh House opened in 2010. You have in front of you our most recent annual report. Since 2010 Allumbaugh House has served more than 4,000 patients and I believe it's on page four that you will note the significant cost savings that Allumbaugh House has been able to achieve. You'll notice the differential between a detoxification stay at Allumbaugh House versus what one of those stays would accrue in cost at, for example, one of our health systems. But for all the great work that Allumbaugh House has been able to do, there have been some challenges. Availability of resources -- as city councilors you know trying to manage budgets is always a challenge. Due to the availability of resources we had to close the sobering station part of Allumbaugh House and I was not actually here for this, but the best I can explain -- and, Mayor de Weerd, feel free to jump in, we opened Allumbaugh House with the money that we had and so there was a real commitment to try and do all the things that were needed in the community, including both detox and mental health services, as well as that 24/7 sobering station. Unfortunately, we never quite had enough money to really do it all and it became very difficult for law enforcement to not know if Allumbaugh House was going to be open during a certain period of time or not. So, it really ended up becoming more of an impediment than a help for law enforcement. So, unfortunately, we had to close the sobering station, knowing that at some point in the future we were going to look at being able to reopen that piece and I'm going to get to how we are going to hopefully achieve that here real soon. The other challenge I would say, as we look at what's going on with Allumbaugh House, we are seeing an upward trend in homeless patients, which is a part of another group that's convening -- about 50 percent of the clients at Allumbaugh House right now are homeless and it's very difficult for them to maintain sobriety if they are going right back out onto the street. So, we have a new opportunity before us, which is a community crisis center. I'm going to tell you how this came about, what's the scoop with that crisis center, and the progress to date in 2014 Governor Otter proposed three crisis centers. One was eventually funded by Joint finance and Appropriations Committee and it was determined that it should be placed in Bonneville County. The idea for these crisis centers really is pretty much exactly what we talked about from the beginning, an alternative to the jail and the ER, especially for law enforcement or paramedics, a safe place for people to go that's not nearly as expensive for the community. Also an opportunity for walk-ins, potentially, to come in and receive some immediate crisis services. Kootenai County was funded in 2015 by the Idaho legislature and just this past session the legislature found a way to Meridian City Council June 28, 2016 Page 6 of 39 appropriate funding for both Ada County and Twin Falls County. So, when we look at what a crisis center is supposed to achieve, it's a 24/7 facility with 365 days of operation. It is a voluntary outpatient facility, so you can't be required to go there, but, for example, if you're choosing between jail and the crisis center it might seem like a better choice for some. They are forced to -- or supposed to be implementing the IDAPA rules, which Cindy and Heidi can explain better than I, but all health systems have certain rules they need to meet to achieve different statuses and really the best practices per the Idaho Health and Welfare guidelines. The board of directors needs to include at least either a health consumer, a physician, law enforcement, and a county commissioner and after two years there needs to be a plan in place for 50 percent funding. I am not here today to talk to you about that plan and there will be no requirement at this point to sign onto anything about what I'm going to be talking to you about, but I wanted to make sure to let you know that is something the state is talking about. So, to date the Professional Resource Committee and Terry Reilly completed a community assessment of needs last summer. Essentially, we took a look at what Allumbaugh House was currently doing, what a crisis center was designed to do and what were the gaps in the community and while a crisis center does not meet every need that's out there, it certainly is a gap that's waiting to be filled. The JPE, which is the -- that joint powers entity that governs Allumbaugh House, approved accepting the crisis center. It also approved utilizing Terry Reilly as an operator and utilizing it in that existing sobering station. The joint powers entity felt that there was significant efficiencies and potentially cost savings to be achieved by co-locating in that same facility. And the joint powers entity approved hiring a facilitator or project manager to help get us to opening and that's really what -- the piece that I need to talk you about today. So, what the JPE is looking for is a project manager who can do the stakeholder and community outreach over really the next six months to get us to opening. This position will do that outreach, engage the meetings and work on business plan development with the operator and the goal is to have a third party who can be a really neutral entity to hear from all sides what we are expecting out of a community crisis center and to work with Terry Reilly, then, to take that to implementation. There is a lot of general ideas about what a community crisis center should -- could be, but it's going to be very important to gather all of that information to have that ongoing communication and make sure we have a shared vision going forward. So, two joint powers entity meetings ago the group came up with an idea for how we could collectively fund a third-party facilitator, project manager, and it was based on current Allumbaugh House contributions, less Idaho Health and Welfare, because they are funding the crisis center. As you can see on this column on the left here, you have the current contributions of Ada County on the way down. Meridian is currently contributing a little over 57,000 a year to the -- to Allumbaugh House. That's a percentage of about 5.8 percent. We've gone ahead and produced the scope of work for what the facilitator will be doing and shop that around to potential facilitators and project managers in the community. Based on that we are thankful for staff time and some of the meetings that are going to need to be held. We are looking at about Meridian City Council June 28, 2016 Page 7 of 39 a 60,000 dollar contract to get that off the ground. So, what I'm here today to talk to you about is a little over 3,500, which would be Meridian's contribution to that project manager. This is a one-time request. There is no ongoing need. The goal is to get this moving and, then, Terry Reilly will take over as the operator going forward. So, with that, obviously, I will stand for any questions and if you have specific clinical questions that I cannot answer, my lovely colleagues are behind me to help out. De Weerd: Thank you, Diana. And I know that I had also asked Chief Lavey to -- to maybe make some remarks on -- from the law enforcement side of things how Allumbaugh House and how law enforcement see our interaction with the crisis center and I appreciate Sheriff Bartlett for being here as well. Lavey: Madam Mayor, Council. I think Diana has already pretty much covered it. This has been a long process with Allumbaugh House and with the crisis center. Allumbaugh House -- she covered the needs that are out there. She covered some of the struggles we have dealt with. With the sobering stations, our process with the police department was we need a 24/7 facility. A 24/7 facility costs a lot of money and so they had to reprioritize their needs based on the budget. For several years now Ada County has been trying to get one of these crisis centers and we, essentially, were third in line and although we have a great need here in the valley because of the population, there was an even greater need with less resources in other parts of the state, so we are pretty fortunate that we were finally selected for this. Law enforcement is a big supporter of this crisis center. It's been said that it's not the catch all, it's -- it's not going to cover all of our needs, but it's definitely going to give a resource to her at risk residents and it's going to give the officers another tool in their tool chest that we currently don't have. So, we wholeheartedly encourage you to support this and approve the 3,500 dollars and I stand for any questions. Cavener: Madam Mayor? De Weerd: Thank you, chief. Yes, Mr. Cavener. Cavener: Chief, have you seen the scope of work that they have drafted up? Have you had a chance to review that and provide any comments? Lavey: I have not read the entire document, but I have been a part of most of the discussions through the process for the last several months. Cavener: Okay. De Weerd: I would note that when Allumbaugh House was built they had a project manager that really helped shepherd it through, keep it on task. The whole idea behind this project manager is that -- to be that -- oversee the project itself, but also a conduit between law enforcement and the center to make sure Meridian City Council June 28, 2016 Page 8 of 39 we really do incorporate the elements that law enforcement needs in a crisis center. Lavey: Madam Mayor and Council, I would also say -- although we didn't have -- we had a -- a place at the table before, but I think we have an even greater seat now where law enforcement is really being heard as far as what your needs are, what works, what doesn't work and, like I said, they did that before, but it seems like it's even more now and the other thing -- so, he doesn't have to come up here and speak, I will speak for Sheriff Bartlett is another a dvantage this has is it gets those people out of the jails and into resources and getting the help that they need, frees up bed space for those people that they really, really need to be in jail. So, that's another advantage. De Weerd: Which, I think it will help with that 18 percent return that you see in the annual report, which I still think it's totally awesome, so -- any other questions? Concerns? Sheriff Bartlett, would you like to make any remarks? Okay. If there aren't any further questions, Council, in front you is a request for a budget amendment for a not to exceed 3,503 dollars. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the budget amendment for the Allumbaugh House crisis center, not to exceed 3,503 dollars. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor, substitute motion if I may. I'm a huge proponent of the Allumbaugh House, but not seeing the scope of work it's hard for me to vo te for something, so I make a motion that we continue this for one week so that we can get the scope of work provided to Council to review and approve. Palmer: Second. De Weerd: Okay. I have a motion and a second on a substitute motion to postpone this for a week until Council can review the scope. Any discussion on the motion? All those in favor say aye. Opposed say nay. Bird: Roll call. It's dollars, so we need roll call. De Weerd: Yeah, but this was just to continue it. Bird: I know. Meridian City Council June 28, 2016 Page 9 of 39 De Weerd: So -- and I would vote nay, too. So, we will go for the original -- the original motion was to approve the budget amendment for a not to exceed 3,503 dollars. Any discussion on it? I guess we just kind of heard discussion. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: I would like to thank you Cindy, Diana, and Terry Reilly for being here. Allumbaugh House has been a huge asset for our county and the city has been the impact that -- of all of your efforts. So, thank you. Thank you, Chief. Item 7: Items Moved From the Consent Agenda A. Construction Agreement for the Five Mile Relief and Water Line Replacement at 8th Street Park Project with Granite Excavation for the Not to Exceed Amount of $815,927.38 De Weerd: Okay. Item D was removed from the Consent Agenda and so we will ask Keith Watts to comment. Watts: Good evening, Madam Mayor and Council Members. This is typica lly a consent award item. The reason I wanted to bring it to your attention is that it's a little bit of an anomaly. As you may be aware, the construction industry is booming again here in the valley and -- and we are seeing prices rise and, unfortunately, we are seeing a reduction in bid participation. When contractors can keep busy doing subdivisions our bidders tend to go down. On this particular project we reached out to 12 contractors personally, sent them e-mails. We conducted a pre-bid meeting, which we only got two contractors to show up for, so we reached back out once again after that and tried to contact them again, let them know that the bid was out there. We encouraged them to bid. And we actually got one bid on this project and it wasn't from one of the ones that they even attended the pre-bid, it was one that we reached out to. So, I just wanted to bring that to your attention to let you know that we may be creeping up on our construction estimates with our -- with our bid awards. It's just the sign of the times right now. With that I will stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 28, 2016 Page 10 of 39 Bird: How -- how urgent is it to do this bid right at this time and where does this stand with our budget? Watts: It did come in within our budget. I would have to refer to Public Works as to the urgency of it. I know it's the main that runs right in front of 8th Street Park. Warren? Stewart: Yes. Madam Mayor, Members of the Council, Councilman Bird, i t is a pretty critical project. We actually constructed the first phase of this project a few years ago, so that we could get it in place ahead of the -- the new facilities that the Parks Department put in over there. It is an enlargement of an existing main that is already reaching its capacity. So, it's something that we need to do fairly soon, but we did have an engineer's estimate. The bid that we did receive came in very close to the engineer's estimates, my understanding, and also within our budget, so I don't think there is any concern that we necessarily think this is out of line, it's just that we are not getting as many bidders on the projects as we have. Watts: Madam Mayor, Councilman Bird, Council Members, that was -- I just wanted to bring it to your attention, because we are going to -- we are nearing our budget on this bid right now, so we don't have a lot of wiggle room on this project, but it is a sign of the times and whenever we have som ething this large and we get one bidder I want to bring that to your attention, because it is out of the ordinary. Bird: Madam Mayor? De Weerd: Thank you, Keith. Yes, Mr. Bird. Bird: And I appreciate that and I hope you will bring stuff like that forward to us on -- on anything that stands out or stuff, we need to know and we need to keep watching the trend, so -- thank you very much. Watts: You're welcome. De Weerd: Any further questions for Keith? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the construction agreement on the Five Mile relief and waterline replacement at 8th Street Park project with Granite Excavation for the amount not to exceed $815,927.38. Meridian City Council June 28, 2016 Page 11 of 39 Palmer: Second. De Weerd: I'm glad you got it down to the penny. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Thank you. MOTION CARRIED: FOUR AYES. TWO ABSENT. Bird: That must be the profit, 38 cents, uh? Item 8: Action Items A. Public Hearing Continued from May 24, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat B. Public Hearing Continued from May 24, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 1. Request: Modification to the Development Agreement to Remove they Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane De Weerd: Okay. Item 8-A and B have been requested to continue to August 23rd and that the applicant will be required to renotice this so that the public has that information. Bird: You already opened it, so -- the hearing, so -- De Weerd: Yes. Sorry. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 28, 2016 Page 12 of 39 Bird: I move we continue Items 8-A and 8-B to August 23rd, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Items 8 -A and B to August 23rd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. C. Public Hearing for Harmony Hills Assisted Living (H- 2016-0061) by Brian Carlisle Located 1521 and 1529 S. Tech Lane 1. Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Incorporating a New Concept Plan, Building Elevations and Certain Provisions of the Development Agreement De Weerd: Item 8-C is a public hearing for H-2016-0061. I will open this public hearing with staff comments. Oh -- Bird: Continue. De Weerd: -- this one also wants to continue to July 19th. We are trying to make this meeting very short. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we continue H-2016-0061 to July 19th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue Item 8 -C to July 19th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. D. Public Hearing for TM Creek (H-2016-0067) by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Meridian City Council June 28, 2016 Page 13 of 39 1. Request: Modification to the Development Agreement for TM Creek to Remove the Requirement for the Final Plat to be Recorded Prior to Applying for Building Permits De Weerd: Item 8-D is a public hearing on H-2016-0067. I will open this public hearing with staff comments. Watters: Madam Mayor, Members of the Council, the application before you is a request for a development agreement modification. This site consists of approximately 35 acres of land. It's zoned C-G, TN-C, and R-40 and is located at the southeast corner of West Franklin Road and South Ten Mile Road. This site was annexed and preliminary platted in 2014 and the first phase final plat was also approved by Council, but has not yet been recorded. The applicant is requesting to modify the development agreement to remove the preliminary plat requirement for the final plat to be recorded prior to applying for building permits. Because the findings for the preliminary plat are attached as an exhibit in the development agreement, it is necessary for the development to be amended to remove this requirement. The applicant would like to obtain one building permit within an area proposed to be platted in a future phase prior to final plats being submitted. This will facilitate an existing business in Meridian that desires to relocate to this site to obtain a building permit and begin construction prior to that plat being recorded as currently required. Since more than one building is allowed to be constructed on commercially zoned property, subdivision of the property is not typically required in order to apply for building permits. However, in this case a preliminary plat condition of approval was included that required subdivision of the property prior to applying for a building permit. Written testimony has been received from Mike Wardle, the applicant's representative. He is in agreement with the staff report. Staff is recommending approval. Any questions? De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Applicant. Good evening. If you will, please, state your name and address for the record. Wardle: I will. Mike Wardle. Address 12601 West Explorer Drive in Boise, on behalf of SCS Brighton. What we -- Sonya made an important point when she said that typically in a commercial situation more than one building can be constructed on a parcel prior to or without platting and what we found -- it's important to read all of the boilerplate conditions that come with a preliminary plat. In this particular case it was just -- it's one of those things that really is more applicable to a residential subdivision, but it's -- it was applied to the commercial subdivision in this sense, so it's a -- it's a simple fix. We appreciate the Meridian City Council June 28, 2016 Page 14 of 39 opportunity to have this done, so that -- I'm not going to divulge the business, but there is a business in Meridian that wants to get out to that site quickly. We look at -- we have got all the infrastructure, the streets and everything are finished right to its front door, this just give us the opportunity to g et started. So, I would answer any questions that the Council may have. De Weerd: Thank you. Can't wait until when you state your name and address that that address has a Meridian after it. Wardle: It will. De Weerd: Just saying. Wardle: In a year. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Wardle: Thank you. De Weerd: Thanks. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2016-0067. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve H-2016-0067 with all staff and applicant comments. Meridian City Council June 28, 2016 Page 15 of 39 Bird: Second. De Weerd: I have a motion and a second to approve Item 8 -D. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. E. Final Plat for Bainbridge Park Subdivision for (H-2016- 0070) by Brighton Development Generally Located South of West Chinden Blvd and West of North Ten Mile Road 1. Request: A Final Plat Consisting of 52 Building Lots, Seven (7) Common Lots and One (1) other Lot on 22.78 Acres of Land in the R- 8 Zoning District by Brighton Development De Weerd: Item 8-E was requested to continue to July 5th for a final plat for Bainbridge Park Subdivision. Do I have a motion to continue? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the final plat on H-2016-0070 to July 5th, 2016. Milam: Second. De Weerd: I have a motion and a second to continue this item to Ju ly 5th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FOUR AYES. TWO ABSENT. F. Public Hearing Continued from June 21, 2016 for Brundage Estates (H-2016-0001) by L.C. Development, Inc. Located East of S. Linder Road Between Victory and Amity Roads 1. Request: Preliminary Plat Consisting of 366 Building Lots, 20 Common Lots and 1 Other Lot Meridian City Council June 28, 2016 Page 16 of 39 on 136.63 Acres of Land in an R-4 Zoning District De Weerd: Item 8-F is a public hearing continued from June 21st on H-2016- 0001 and we did continue it for a specific item. Becky , did you want to comment on this? That was pertaining to block length. McKay: Yes. Thank you, Madam Mayor, Members of the Council. Becky McKay. Engineering Solutions. 1029 North Rosario. I'm here representing Mr. Centers this evening. You asked us to go back and meet with the staff, so Sonya and Caleb and I got together and that was really a good idea, because three heads are better than one and we did come up with some solutions and we reworked some stuff to decrease the length of the block in that southern portion that was so problematic that we just fought and fought and fought right along here. Sonya also asked us to provide her a drawing that's before you this evening that shows where the pedestrian paths are and what the block lengths are, so the Council is fully aware of those blocks that we require a waiver. So, it didn't reduce the need for a waiver on some of the blocks. However, we are now in compliance with the UDC and we are under the length in which the Council may grant a waiver if they determine that it's warranted. So, Sonya wanted this to be part of the record, because I believe Councilman Borton -- you know, he wanted it identified clearly in the record, part of her file, which blocks are we reducing. We see you have some issues with canals and the Williams pipeline and a collector. Just identify it so we know what we're waiving. Well, that's what you see before you. We did add pedestrian paths. We have modified the stub street. I did send this drawing -- new drawing to Mrs. Dixon, who testified at our last hearing. She sent me an e-mail back saying she was pleased with it. She would not be attending this evening. She asked me if I would, please, send her an e-mail in the morning to let her know what the Council's determination was this evening. The other outstanding issue was how to deal with the condition concerning the public versus private park issue. Mr. Centers and I discussed this at length. Your staff and I discussed it and we kind of came up with a substitute language that I did send to your staff. It did go to them today. I apologize for that. It's just -- you know, we can only work so fast and put out so many fires at one time. Basically what Mr. Centers wanted to do is -- you know, this preliminary plat depicts 18 -- or 8.24 acres of open space in the center of the development. I think Councilman Borton said, well, you know, I can understand you want a commitment from the Council. Is this going to be public. We can give you direction, but based on Mr. Nary comments we really need to do a parks agreement between the City of Meridian and Mr. Centers. So, we have it in there the City Council and developer may enter into a parks agreement in the future. It's my client's intent that we will get on that just as soon -- I mean that will be priority one as soon as we get the project preliminarily platted, we will move on getting that parks agreement, because we want to, obviously, enter into that agreement with this Council, who saw our project and, obviously, who provided us input. Lastly, it says in the event that it's determined that the open space will remain private, the developer shall provide the UDC required amenities and ten Meridian City Council June 28, 2016 Page 17 of 39 percent open space consistent the location delineated on the plat and what that last sentence basically says if for whatever reason the City Council and Mr. Centers cannot agree on a parks agreement, which I don't see that happening, because, you know, he wants to green it up, he wants to make it happen and, you know, we got our feedback from the parks commission saying we like it, we need it, and the Council's given us nothing but, you know, positive comments, then, if it has to turn into a private open space, we made it larger for the city, so we are at 14.99 percent open space and Mr. Centers said if I -- if I have to encumber my homeowner's association to maintain it, which I really don't want to do, because it's along a public pathway, multi-use path network, I don't want to have to provide more open space than is required of any other developer. So, that's, basically, what -- you know, what that states. Now, Mr. Baird has some ideas if it -- you know, I don't know what -- if he's comfortable with this. We are kind of open if you got a better suggestion. We just want to make sure it's fair for everybody, the city and Mr. Centers and we really appreciate you giving us the opportunity to get with staff and try to work things out -- issues out. Thank you. De Weerd: Thank you, Becky. Mr. Baird. Baird: Madam Mayor, Members of the Council, I do have one comment of the -- in the proposed new language, the term parks agreement is in capital letters. I don't know what a parks agreement is. Is it an agreement to donate park land to become a public park? Is it an agreement to donate and green up? It's just we don't have to define it, I would just say let's put that in noncapital letters, but no requirements on the parties, just get together. If we do it, green thumb, we go forward, if not it stays private. I think it's fine with that -- with that one modification. De Weerd: In lower case. Baird: Lower case. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Becky, I have a question for you. Sorry. I'm just not sure -- so, if Mr. Centers -- say there was not a parks agreement, what would happen with the other five percent of that open space? McKay: He may reduce that area a little bit, you know, just so it's not so expensive to maintain in perpetuity for the HOA. Just that center area. All the pathways, the buffers, all of that is locked in. I mean that's required by t he UDC. It would just give him some flexibility and, you know, maybe just the way it's laid out, then, you know, it would have to remain the same. He just wanted that option that that could shrink right there in the center a little bit. Meridian City Council June 28, 2016 Page 18 of 39 Milam: I'm just curious how it could shrink. McKay: Pardon? Milam: I mean I'm not a developer, so I'm just curious -- I'm curious how it could shrink. McKay: Oh. Well, there is always a -- when we go from preliminary to final there is always like -- you know, there is a little bit of shifting and things are modified and so what -- what we try to do is your ordinance says a minimum of ten percent open space and, then, states what's eligible. So, if we look at what our open space is and our eligibility, we are almost 15 percent. So, what Mr. Centers wants to do is, you know, maybe the lots that back up to it are a little deeper. Not that the -- Milam: You can't add more lots. McKay: No. We can -- no, ma'am. No, ma'am. Council Woman Milam, you're absolutely correct. We cannot add lots. We cannot make any significant changes that your staff determines substantial. Maybe the lots that back up to that common area are a little deeper. Maybe -- maybe we widen out a block just to eat up a little bit of open space, so that we are not putting an excessive burden on his future homeowners who say, wow, we can't afford to maintain 15 percent open space and all the other subdivisions around us in Meridian just have ten, you know. So, we have to be cognizant of what they can afford, because it's forever. So, that -- I think that's our -- yeah, we would not change the concept, just kind of like eat up a little bit of that space. Milam: Thank you. McKay: Thank you. De Weerd: If the change is significant staff would put it back through for a change. So, it would be posted and noted and come back to City Council. McKay: Yes, Madam Mayor. If it is a significant, substantial change, then, your staff sends us back with a new preliminary plat. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, that sounds like an appropriate decision for me on their part. I just think it would be too early for us to jump in on it. Meridian City Council June 28, 2016 Page 19 of 39 De Weerd: Okay. Thank you. Thank you, Becky. McKay: Thank you. De Weerd: This public hearing was continued for the reason of the long block length. Is there anyone that would like to make comment on that? Chatterton: Madam Mayor, I believe that Mrs. Watters had some comments that were prepared on this -- the changes for this item. De Weerd: Thank you. Watters: Madam Mayor, Council, just want to point out that -- that the exhibit before you, the dark lines that Becky has included with the lengths, are blocks that do not meet current UDC standards for block lengths. They still are in excess. There is ten of them that are shown. Eight of those could comply if pathways were -- were added and those would be allowed to go up to 1,000 feet in length then. If Council chooses to approve what's proposed, I would recommend that this project be continued and that the actual preliminary plat and landscape plans are revised to meet the proposed configuration or Council doesn't approve the proposed layout, that the project still be continued and the plat is revised -- the landscape plan. De Weerd: Okay. Any questions for staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sonya, I appreciate your comments. Glad you had the opportunity to chime in. Can you articulate to me why we would -- why you're recommending that we continue that for the landscape plans to be revised if we approve the -- the block length? Watters: Yes. Mayor and Council. So, the configuration of -- this is not a plat. This is the concept layout. Cavener: Okay. Watters: It does not show lot dimensions. I don't know looking at this if it's consistent with our dimensional standards or not, but this is the previous plat here, the original plat that was submitted, and if you can see here, the configuration has changed some. It's kind of hard to see when they are not side by side. But the configuration has changed. It no longer is consistent with the landscape plan and the plat. It really needs to be revised in whole to make sure it meets our dimensional standards before it goes forward. Meridian City Council June 28, 2016 Page 20 of 39 Cavener: Thank you. De Weerd: Okay. Any other questions for the applicant or staff? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we close the public hearing on H -2016-0001. Bird: Second. Cavener: I have a motion and a second to close the public hearing on this item. All those in favor say aye. I think that was all ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a comment, opportunity for Council to discuss this. I appreciate the applicant's willingness to go back to the drawing board and work with staff. Appreciate Mrs. McKay's comments, as well as staff. To me I think this accomplishes what we were discussing last week. I don't know what the rest of the Council feels, but I'm satisfied with these changes. I think they were able to take all the public testimony from last week and really seem to come up with a good project. I don't know if anyone has any other comments. Bird: Go for it. Cavener: But then, if not, Madam Mayor -- a week? Sonya, you had asked for a week? Two weeks? Madam Mayor, looking at the calendar, I move that we continue H-2016-0001 to July 12th to allow the applicant to get a preliminary plat to staff. Watters: The next one. That's the workshop. Cavener: Oh. Staff make the 5th work? Milam: That's only one week. Cavener: Okay. Then, Madam Mayor, revise that to July 5th. Meridian City Council June 28, 2016 Page 21 of 39 Watters: No. Excuse me. That's -- we need at least two weeks, Councilman Cavener. Sorry. I didn't realize that's what you meant. Cavener: Take three. July 19th, Madam Mayor. Milam: Second. De Weerd: I have a motion and a second to continue this item to July 19th. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. G. Final Plat Continued from June 21, 2016 for Isola Creek No. 4 (H-2016-0050) by Isola Creek, LLC Located North Side of W. Ustick Road and East Side of N. Ten Mile Road Meridian City Council Meeting Agenda 1. Request: Final Plat Approval Consisting of Forty- Five (45) Single Family Residential Building Lots and Four (4) Common Lots on Approximately 28.02 Acres in the R-4 Zoning District De Weerd: Okay. Item 8-G is a final plat, continued from June 21st on H-2016- 0050. I will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. As stated, this is a final plat before you this evening. It's actually Isola Creek No. 4. This is a preliminary plat -- or a final plat that consists of 45 buildable lots and four common lots on 28 acres of land in the R-4 zoning district. This is the fourth and final phase of the approved preliminary plat back in 2012. Staff has reviewed the final plat for conformance with the approved preliminary plat and both the lot sizes -- lot count and the open space does comply with that, so it is consistent to what the Council approved back in 2012 as well. So, here is the approved preliminary plat that was acted on. As you can see her e this plat does contain a future neighborhood park and that was part of that approval and also part of the recorded development of that project. When this project came -- the reason for the continuance is staff and the applicant are still working out some of the requirements for the improvements to the park and if there is moving pieces here the applicant's working with the Parks Department, they are working with Nampa - Meridian Irrigation District. In your packet Nampa-Meridian Irrigation district did provide a letter bringing awareness to you as far as leaving the Creason Creek Lateral open as part of the park improvement. If Council recalls, the applicant at the time when they came forward with their preliminary plat they requested a waiver from Council to allow that creek to remain open or at least a portion of it and that would be that -- if you can see my cursor they received approval to -- a waiver from the Council to leave the east-west segment of the lateral open and, Meridian City Council June 28, 2016 Page 22 of 39 then, it was up to the parks -- discretion of the parks director to leave the north- south leg of the lateral open. Well, in working through the park design and all that and getting Nampa-Meridian Irrigation involved, they feel it's important to construct or at least pipe the entire waterway and that's why they were adamant and they wanted to get that letter in front of you. So, really the applicant to -- here is what the condition -- how the condition read in the preliminary plat and the exhibit that was tied to the approved prelimin ary plat, that approved the waiver of a -- a portion of the lateral and, then, the closure or the piping of the north-south segment. So, really, those are the -- I wouldn't really call it an outstanding issue. I think the applicant probably could shed so me light on -- they had a meeting yesterday and discussed some options that I think she can go share with you this evening, maybe daylight the issue and maybe get some closure for you, but right now staff has recommended approval of the final plat. Again, it is consistent with the approved preliminary plat. I will let the applicant get up and testify as what their discussions were with the Parks Department and Nampa-Meridian Irrigation District. So, right now I will stand for any questions you may have just regarding the final plat application itself. De Weerd: Thank you, Bill. Any questions for staff? Okay. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay, Engineering Solutions, representing the final plat that's before you. I -- we submitted our construction plans on this project to the city and ACHD and Nampa-Meridian. We ran into snags with Nampa-Meridian Irrigation District, because they had significant concerns over the Creason Lateral being left open on the east-west leg. Now, the Creason Lateral we -- we agreed and we had a condition that said if the parks -- as Bill indicated, if the parks director determined he wanted it -- the Creason piped here on that east -- that north-south leg, that we would do that. That's a 36 inch reinforced concrete pipe and the parks director in looking at it said, you know, for usability of the park we do want that piped and we said, okay, great. The Council granted us a waiver. There is a piece of pipe that's a few hundred feet that's already in. The waiver was on this real slow section right here, because that is not a 36-inch pipe, it's a 48 inch. Well, the Parks Department they -- we talked about doing a public-private partnership as far as making this happen and we were told that it wasn't in the parks' budget to participate. So, the Parks Department I think kind of moved forward. Our project moved forward and, then, Nampa-Meridian said, wait a minute, we want to weigh in on this and so Greg Curtis did consult with his board of directors, he did write a letter to Mike Barton to the city and they said, you know, we are going to be inviting the public in here and it's one thing to leave a lateral open, you know, behind residential lots, but when you're -- this is a multi- use pathway in a city park, we feel that we are going to run into significant conflict -- conflict in maintenance, safety issues, and they said, you know, even if it's fenced if -- if a kid kicks a soccer ball into the water, climbs over the fence and drowns, we know who the parents are going to be suing and we're cognizant of the fact that water attracts kids and he said for everyone's benefit we would like Meridian City Council June 28, 2016 Page 23 of 39 you to take -- step back, don't get that final plat approved at Meridian, don't get that park by the Council, let's have an emergency meeting and we did that yesterday and it went great and Mike Barton was there, Steve Siddoway, Greg Curtis, myself, Kathy Stroschein, who is with my company, the project engineer, and Greg Curtis said I've talked to my board and we are willing to spend district money and use district labor to make this happen and he said all I ask is that the city participate in purchasing that thousand feet of 48 inch RCP pipe, which is reinforced concrete, and he said I've even gone to my supplier and I got our Nampa-Meridian rock bottom price and there isn't even a delivery fee on it, because Nampa-Meridian will use their own trucks to go pick up the pipe and so he said in addition to that, we will install the pipe in the channel, we will build all the boxes, all the lids, we don't need any chips for backfill, because it's going to be in the existing channel and all his crews will do that this winter, winter of 2016 and he said September we had the board approve our recommendation for three projects that our crews will work on in the winter and we will make this one of them, barring any catastrophic emergency with a larger facility they have to do. But he said the district wants this piped and we -- you know, he said we encourage the Council, we encourage the Parks Department to work with us and we will spend our own dollars, our own man hours, use our equipment and we will make this happen and they also said we did a civil design for the north-south leg, which is at a significant cost, they will not require that even the city prepare or us prepare a design on it for the east -west leg. All they ask for was flow calculations and inverse, which we did give the district for their consulting engineer to approve. But Greg Curtis asked that the Council consider their offer. I have never seen such a generous offer from the district, but they think that it's going to esthetically look great. It's going to -- that whole corridor is going to be greenscaped, it's going to be an actual greenbelt along Five Mile Creek, there will be no water danger with the Creason, it will all be in pipe, you will have your neighbor park, Bridgetower feeding into it, exposure at Ten Mile and we think that we have got a good solution. I guess, obviously, the ultimate decision lied with you. I did review the staff report for our final plat. I did prepare draft responses, however, I did not have any opportunity today to meet with Mr. Coleman and get his approval, so as far as our final plat, I ask that you defer it for one more week, because I don't give these responses to the conditions of approval without my client sending me an e-mail saying it looks good to me and I'm game. Plus some of these conditions that the staff placed on us are going to be dictated by Nampa- Meridian Irrigation District, like your multiple use pathway on the Creason, your agreement for the multi-use on drains, you have a universal agreement, Nampa- Meridian informed me you do not have an agreement with Nampa-Meridian for multi-use pathways along their lateral. Now, they are okay with it being along their lateral and being in -- you know, in their easement, but they want -- but somebody's got to do a license agreement and when I talked to the attorney for Nampa-Meridian Bryce Farris, he said that it would -- it would most likely have to be between the city and Nampa-Meridian, since this is a public park, a public pathway. Now, my client has to pave part of this halfway, so I'm not sure is it a three-party agreement? I haven't sent my request to Bryce to find out, because Meridian City Council June 28, 2016 Page 24 of 39 we can't until we have a plan approval and Nampa-Meridian won't give me plan approval, because they kind of put the stops to everything, they wanted to get before you. Greg Curtis wanted me to tell you guys that he would have been here this evening, but his wife had to have significant surgery today and he said any other day I would have came and talked to the Council, but he said I think having our meeting with Mike and Steve and myself yesterday, he's expressed their position and so I request that you formally defer my final plan for a week or whenever the next available Council meeting is, I'm not sure what you're doing due to the holiday and, then, obviously, I will stay, you know, here with Mike on the parks, because we -- we would like the Council to I guess look at the big picture. Thank you. De Weerd: Any questions for Becky? Bird: I have none. De Weerd: I guess my question is for Mike. Barton: Thank you, Madam Mayor and Council. You know, Becky, that was a good presentation. We do agree, you know, when -- after further discussion with Nampa-Meridian Irrigation District this section of the Creason Lateral is -- is pretty accessible and being that close to a park it could be at an attractive nuisance and potentially a safety hazard. We think that the offer that they have extended to everybody involved to get the work done is pretty significant. The impact -- and I have a presentation on park design that's coming up, but, really, the impact to our budget -- we are going to buy the pipe, we need to purchase topsoil to cover it and, then, also do some green up turf across that, so we currently have a -- a budget enhancement that's going through the process for 1.2 million dollars. It would increase that request to 1.35. So, an extra 150,000. But, really, the value is -- it is there. I mean the Nampa-Meridian Irrigation District -- we have had some -- a statement of cost to -- if it was labor and material to do the work and just to pipe that section -- that thousand feet, it's over 200 dollars a foot and that's without boxes. So, it's right in that 250,000 dollar range. So, Nampa-Meridian's labor would save everybody 175,000 dollars. So, I guess with that I will stand for any questions you might have. De Weerd: Mr. Cavener. Cavener: Madam Mayor. Thank you. Mike, just a couple of I guess -- one, this letter from Nampa-Meridian Irrigation has got me somewhat perplexed, but also very excited. I guess the first part of the letter Mr. Curtis indicates that there has been a discussion about piping this. It appears to be for a significant amount of time. Is that your recollection? And I guess maybe you could pro vide some context as to where the conversation broke down and what Nampa-Meridian Irrigation expected versus what they had heard from the city. Meridian City Council June 28, 2016 Page 25 of 39 Barton: Yeah. So -- thank you, Madam Mayor, Mr. -- Councilman Cavener. So, we had some discussions with Greg Curtis at Nampa-Meridian Irrigation District as to what the requirements were to locating a multi-use path near that -- that piece of water. So, water creeks or drains, we can locate pathways next to them without fencing. This is an open waterway, live waterway, so it needs to be fenced. So, at that point in time we -- we learned that the only -- if this was to remain open that there would be a pathway, a wrought iron fence, a 16 foot gravel road and, then, this waterway. So, at that point in time it was no longer a water amenity, I mean it was just this utilitarian looking feature, so we said, hey, maybe the thing to do is to pipe it and that's where the discussion started. So, from that we asked our civil engineer to give us -- just to give us an opinion of cost of what it might be, because we have no idea what it would cost. Are we talking about 50,000, 250,000? Well, we learned that it was about 250,000 with all the labor and material to pipe it, so at that point we made the determination that it's probably in the best interest that we just defer and leave it open and -- and, then, at that point in time Becky was able to negotiate with Nampa -Meridian Irrigation and get them to commit to creating this -- this in-house project if the materials are purchased. So, that's where kind of the wind for everybody came into play. So, really, the timeline and story behind it. Cavener: Madam Mayor, additional follow up? Mike, is -- is this a common practice for Nampa-Meridian Irrigation? I mean to me this is a pleasant surprise and it was an offer, I just don't know if there is precedent that they are following or this is the first time that they have ever done anything like this. Barton: Madam Mayor, Councilman Cavener, this is -- it's pretty unique. They have done it before. I couldn't tell you where. They have never done it for us. They -- they like to keep their crews busy. When they see a real need to reduce a safety hazard and to have an area that's easier to maintain for them, they -- they make it a priority and this is one of those projects. Cavener: Great. Thanks, Mike. De Weerd: Any other questions for Mike? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mike, does that mean -- is there still going to be fencing? Barton: Councilman Milam, no. Milam: So, we will have cost savings on the fencing as well? Meridian City Council June 28, 2016 Page 26 of 39 Barton: Yeah. And that will -- and I kind of apologize, I'm kind of jumping ahead with some of this park design and these conversations are all going to roll together, but the pathway will move closer -- not only will the open green space in the park kind of expand, the pathway will move further to north and get close to -- on top of the current location in the Creason and, then, there will be grass on the north side of the pathway up to the common lot behind these lots in phase four. Milam: Thanks. Cavener: Madam Mayor, just one question. De Weerd: Uh-huh. Cavener: Mike, is the -- the piping impact fee eligible? Can we use impact fees to pay for that? Barton: Madam Mayor, Councilman Cavener, I believe it is. Cavener: Okay. Barton: The only -- the only thing that we did talk about if Nampa-Meridian is going to buy the -- we would want them to buy the pipe, because they are going to pick it up. We would have to sole source it. Cavener: Okay. De Weerd: Thank you, Mike. Anything further? Okay. Any further information needed from staff or applicant for the Council? Milam: Madam Mayor? Bird: Madam Mayor? Milam: Oh. De Weerd: Mrs. Milam. Milam: I move that we continue H-2016-0001 to July 5th, 2016. Bird: Second. De Weerd: I have a motion and a second to continue Item 8 -G to July 5th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Meridian City Council June 28, 2016 Page 27 of 39 Parsons: Madam Mayor, Members of the Council, can I ask for clarification on the -- with Becky's -- hopefully she can take it back to Mr. Coleman, but if we get an agreement from the applicant to all the conditions of approval to the final plat, is the Council amenable to just moving that to the Consent Agenda for that July 5th hearing and that way we don't have to open up anything to have any further discussions on it. That's the typical protocol that we have. If you are amenable to that, I would like to at least leave that option open for us. Bird: No problem with me. Parsons: Thank you. De Weerd: You do have all agreement, so -- okay. Thank you. Item 9: Department Reports A. Continued from June 21, 2016: Parks and Recreation Department: Bellano Creek Neighborhood Park Design and Naming Request De Weerd: Item 9-A is under Department Reports. Two department reports that were continued from our last meeting, because of time of evening. So, 9-A is a discussion about Bellano Creek neighborhood park design and naming request. Barton: Thank you, Madam Mayor and Council. Thanks for the opportunity to continue the discussion. This is the park that's in Isola Creek No. 4, the subdivision is called Bellano Creek and with any luck, with your blessing, we will officially change the name of the park this evening. As you know, we have been working on the -- the park design. The Council approved funding for design and we have been busy generating concepts and working with the parks commission to get to where we are now. So, you know where the park is. It's across from the wastewater treatment plant on the corner of Ustick and Ten Mile Road. So, really, what I -- what I have to show you are two options and the only difference between the two options is the piping that we just discussed and either open lateral or closed lateral. The amenities kind of remain the same and as you can see in this -- in the top part of the park the overall layout consists of eight and a half acres of park space. We have drawn in 28 parking stalls. We have a playground, restroom, picnic shelter. One of the cool things that -- we have thought about this and as we have gone through some of these park designs is we want to create a more unique identity and not have such a postage stamp or rubber-stamped parks that have happened in the past, so we're thinking of a park and restroom combination building that would have a common roof , maybe some different elevation changes, but it gives you a nice sense of enclosure, it uses less space, and there can be -- it's not an out-of-a-catalog type shelter that we have done in the past, so we think that's a pretty -- pretty cool use of that space. Meridian City Council June 28, 2016 Page 28 of 39 We have got three Pickleball courts. As you know, Pickleball has been huge lately, blowing up, really in high demand. Got a basketball court. Approximately three acres of open space. We have got -- we have got places up in here for public art and, then, of course, the -- in this concept the Creason is closed. So, with Option B, the same amenities still apply. The same size park -- parking stalls, playground, same combination, restroom, shelter building, Pickleball, basketball. The only difference with this one is that's the configuration and how that -- that Creason would look if it was open and there is a pretty significant appearance to that greenway out to Ten Mile with it open and if you could picture wrought iron and gravel and -- and the potential for heavy equipment coming down there to dig moss out and stuff, so that's -- that's kind of what we are dealing with this concept and we can come back to these if there is any specific questions -- or, actually, why don't I stop there and just ask if there is any specific questions, because the next slide deals with budgets and timeline and -- so, I will pause for questions. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Quick question. Would there be signs outside of the subdivision directing people saying there is a public city park inside the subdivision? Barton: Yes. Madam Mayor, Councilman Palmer, we -- we do have signs that direct people to our neighborhood parks. Palmer: Okay. Barton: ACHD has built those in their sign shop and they have allowed those to be place in a right of way, so we would do the same thing here. Palmer: Thanks. De Weerd: And I think the consideration to this park, why it was accepted as a public one is because of its location along the pathway and that as people are enjoying the pathway this would be a logical place to stop, because I know from previous comments you have made, Mr. Palmer, that these kind of parks tucked into a subdivision don't make sense for public parks. We have a little bit of that with Autumn Faire Park that -- trying to find that thing is really difficult. So, this one was -- was of interest because of the pathway connection. So, I just thought maybe you might appreciate that historical piece . Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council June 28, 2016 Page 29 of 39 Palmer: I do. I guess I would have to look at the bigger map to understand where the paths go outside of this, but, again, I mean going back to the example I used when I made those comments, Champion Park -- I mean it's not very far off of the arterial and it connects to two different roads all the way through the block and there is never anyone there. De Weerd: Uh-huh. Well, we are really excited to maybe prove this -- this -- this was worth being a city park and we will see how that -- how that goes. Barton: And, Madam Mayor, you m ake a great point, because with this park -- this will be our third park that -- we see Five Mile Creek pathway as our -- the major spine that connects the city from a multi-use pathway standpoint. It's city maintained and with this park -- this will be the third park that's on that spine, so to speak, the first public park. So, there would be Rita Huskey, Tulley Park and 8th Street Park, but as you go down the way there is the park in Bridgetower as well and hopefully -- so, it's -- so, it's really -- it's a nice amenity. You have a -- De Weerd: String of pearls. Barton: -- you have got a pit stop for restroom facilities and drinking water and things to do along the way. So, it is a -- it's a great location and it's going to be a great asset. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just a question about design, Mike. I don't really want to redesign your whole park, but -- De Weerd: But. But. Milam: No. I don't know how -- if you could put like a bench toward the back end of the park, something kind of insignificant, but could really make a significant difference in somebody's day if they are going for a long walk or bike ride and just need a break, but don't necessarily want to -- De Weerd: And a tree. Cavener: I think he had that on there. Milam: Oh, is it on there? Oh. De Weerd: I'd like a tree. Milam: A tree and a bench. That's all I ask for. Meridian City Council June 28, 2016 Page 30 of 39 De Weerd: I do have a serious -- more serious question is have the designs -- is there going to be any cost difference maintenance if you do the planting -- the lateral or leaving it open, is it pretty much a wash between the maintenance aspects? Barton: Madam Mayor, yeah, it is. We have a -- we have our maintenance costs defined in our budget enhancement and they wouldn’t change between either park design. I mean there is some -- what's the -- the bulk of the increase in cost would be for the pipe of the Creason Lateral and once the pipe's in the ground it's -- it's there. So, it's kind of a wash. There may be a little bit more turf on Option A, the piped option, but it's -- it's not significant. De Weerd: Any further questions for Mike? Bird: I have none. Barton: I will scoot by there -- so, we have two different budgets. Option A, obviously, is the tiled Creason Lateral. Option B is if it's left open. And, then, regards the timing, we should be in final design in August of 2016. It's our plan to go to bid in December of this year. We have entered into negotiations with ESI to be our construction manager on this project and we think that December is a good -- will be a good bidding climate and we hope to break ground in February of 2017. And with that I would stand for questions and appreciate any direction you might have on how to continue with piped or not. De Weerd: Thank you, Mike. And do you want to give -- so, you're talking about design and whether Council wants Option A or B. The other piece of this is the naming request. Barton: Sure. De Weerd: Oh, you have slides on that or -- do you want to do this in two parts? Barton: Well, if it pleases the Council, I would like to do that in two -- two parts. I have a short letter to read and just tell you a little bit of history about where we have been with the naming request and -- or, Madam Mayor, you give me some direction. Bird: Madam Mayor? De Weerd: I'm -- Bird: Go ahead. De Weerd: Mr. Bird. Meridian City Council June 28, 2016 Page 31 of 39 Bird: I'm sorry. To start the discussion, I -- I think we need to go with the Option A. Creason needs to be tiled. While I don't like tiling that kind of waterwa y, but I think for this it needs to be done and with Nampa-Meridian stepping forward like they have, I -- I think we need to go that route. I like your layout in Option A myself personally. I would vote for Option A. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree with Councilman Bird. I would vote for Option A. De Weerd: I think having the two water features or water considerations with the Five Mile and the lateral, it -- it does increase the -- the safety concerns out there, so I -- I think Option B, while I hesitate to spend an additional 150,000 dollars, it could be a lot more without the partnership with Nampa-Meridian and I will tell you, this is an unheard of sequence of events having Nampa -Meridian step up this way and if that is the direction that Council goes, I would -- I would like to see maybe the Parks Department draft a letter for signature from the Mayor and Council in really stating our appreciation of the partnership and the -- the focus on the safety aspect in that area. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Candidly, there is a lot of pathway in this valley that runs alongside waterways and I think my preference would be that we could find a way to have our pathway be fenced and be close to a waterway amenity, recognizing the irrigation district's concern about litigation I can appreciate that. I have to agree with Council Member Milam and Bird that Option A, while not my favorite idea, is probably the most preferred option for this particular project and I'm grateful that the irrigation district is willing to step up like this. It's pretty remarkable and I appreciate it. Barton: Okay. We will draft a letter -- a thank you letter to Nampa-Meridian Irrigation, then, for partnering on this project. So, we have a -- a naming request -- De Weerd: Mike, do you need a motion accepting the design and calling out specifically Option A as the preferred -- Barton: I would have to defer to Mr. Baird. I think -- I think we were just looking for some direction and feedback, but -- Meridian City Council June 28, 2016 Page 32 of 39 Baird: Madam Mayor and Members of the Council -- and I'm presuming you will have to have an amended -- De Weerd: A bidding process. Baird: -- amended budget -- a new budget amendment and that would be the approval of it. So, you're -- you have given direction to proceed, yo u're expecting to see that come back. So, I think Mike's got what he needs without a motion. De Weerd: Budget amendment deadline is -- is this week. Barton: So, Madam Mayor, I believe we will -- De Weerd: Just saying. Barton: -- we will revise our budget enhancement that's going through the process to reflect if discussions have -- so, park naming. We have a request from -- from Thomas Coleman to name the park Rita Huskey Park and we have a letter that was submitted. It was submitted by Edward McNelis and it said that -- and I will just -- I will just briefly go through this letter. It says the Huskey family came to the Meridian area over a hundred years ago. They have been a part of the very fabric of the area as it grew to the city it is today. The Huskeys lived, worked, raised families and were good citizens of the community. The Huskey family moved on a farm Ten Mile and Ustick over 80 years ago. Leonard Huskey, now deceased, purchased the farm and it became the family's home. They all loved the farm and their community. The offspring grew up knowing Meridian as their home. They attended school there and all but one passed away and they were all buried here in Meridian. The entire family was known, respected, considered by everyone as great neighbors and good citizens. This was a close-knit family. There were six siblings, each loved and honored their parents Leonard and Leona. The youngest of the family made provisions to help the youth in the area from their estate. Leonard kept the farm until his death. He had simply loved and had a special place in their hearts for their sister Rita, who had been a second mother to the younger Huskeys. That's hard to follow I know. They knew the farm would be sold after his death and had only one request. He wanted nothing for himself, but he wanted his sister Rita to be remembered, who was such a good caring and special person to everyone. He, Leonard, discussed this with Edward McNelis on several occasions and requested that the park be named in Rita's honor and that this be a condition of the sale of the property. Well, it wasn't a sale of the property, but we think it's a -- we think it's a good request and it honors somebody that is long-standing in the community and loved Meridian. We presented this to our parks commission and they recommended approval on May 11th. It is consistent with our written naming policy and we would ask for your approval of the -- the name of this park to Rita Huskey Neighborhood Park. Meridian City Council June 28, 2016 Page 33 of 39 De Weerd: Thank you, Mike. And as noted the commission recommends that the naming of Rita Huskey Park as well. Any questions for Mike? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Do we need a motion on this -- Bird: Go ahead. Cavener: -- for the name? De Weerd: Uh-huh. Cavener: Madam Mayor, I move that we accept the park name -- former name of Bellano Creek to be renamed Rita Huskey Park -- Rita Huskey Neighborhood Park. Milam: Second. De Weerd: I have a motion and a second to approve the request to name this park. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Thank you, Mike. Barton: Thank you. De Weerd: Item 10-A is Ordinance 16-1698 -- B. Continued from June 21, 2016: Parks and Recreation Department: Bainbridge Neighborhood Park Design Bird: No. We got B. De Weerd: Oh, shoot. Sorry. I was totally excited. Barton: So, Madam Mayor, Council Members, thanks for the opportunity again to talk about another neighborhood park that we have in design. This one is -- has Meridian City Council June 28, 2016 Page 34 of 39 been a long time coming. I'd like to thank Mike Wardle, who is here, and the Brighton Corporation for donating the land for this neighborhood park to the city and we're also working on negotiating a cost share for some of the green up with this as well, to be determined, but -- so, the city has owned this -- this property since -- there you go. De Weerd: A long time. Barton: A long time. Since 2008 and it's -- the location is -- the location of the park is -- for some reason this has died. It's Ten Mile and Chinden, near Heroes Park. Heroes Park is just to the west, so the -- yeah, you can see the cursor there. De Weerd: Thank you, Bill. Barton: That is the -- the park location and -- next slide, please. For some reason this isn't cooperating. So -- Parson: Mike? Switch -- Mike, over here. Bill. Would you just change it to the black arrow at the top of the smart board and take it off the color? It should allow you to advance the slide now. Barton: Okay. No. So, Bainbridge Neighborhood Park. William Watson. This one -- there has been some discussion on whether the name William Watson is going to move forward or not, but we have requested a specific naming request from Brighton Corp. So, the name is going to be determined still. It won't be Bainbridge -- it won't be Bainbridge Park in the Bainbridge Subdivision, it's a city park. We are good with that. So, the park consists of seven and a half acres. We have 22 parking stalls, a restroom, a picnic shelter, playground equipment. One of the things that we thought would be unique in this area was -- is to install an outdoor gym. It's similar to -- Boise has a couple that are -- one is in Camel's Back Park and the other one is in Ann Morrison. Pretty popular these days. We have got places for public art and we have got a good amount of open play in this area. The park is really conveniently located off Ten Mile Road and it's a good location. It's right on the arterial. There is no parking out there. There is a bike lane. It's got good access interior to the subdivision and there is about a four to five acre green space right in the center of the park for open play for soccer and football practice and -- and that kind of stuff. So, I guess as with the other one, let me pause there and see if there are any questions. It's a little bit fuzzy and I wish I could draw on this, but as you drive into the park there is -- there is two handicap accessible parking places right when you drive in and , then, you enter into the -- the other 22 parking stalls and right off of that there is a -- there is an entry plaza that even though we are not proposing any public art at this time, we've left -- we left space for it, so there could be these high profile nodes that would accommodate some sculpture in the future or, you know, something eye catching. The playground is on the left-hand side of that where that yellow is and Meridian City Council June 28, 2016 Page 35 of 39 the outdoor gym is just to the right of it. In addition to that, there is a basketball court in the upper right-hand side. One of the things that we are trying to -- trying to create with some of these parks is a multi-generational space where you can -- you can bring your kids to the playground , you can -- they can play on the playground equipment, mom or dad can workout and, you know, maybe -- maybe a teen or a tween can play basketball. So, we are trying to -- as with Bellano Creek with the Pickleball and the playground, there can be -- Pickleball usually caters to older citizens and with the playground and -- and the Pickleball courts there is kind of that multi-generational thing going. I was trying to word that carefully. Bird: Ralph and I were paying attention. Barton: Yeah. Right. Getting there. So, we think it's a good -- a really good layout. There is some -- some really cool amenities here and I think what we are looking for at this point is feedback and we can -- I will pause right there as with the other one, to answer any questions you might have. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Mike, I love the outdoor gym. I think all of our parks should have one. Barton: We are working on it. Milam: We will see how it works out. De Weerd: Is there going to be a cover over it? Barton: Madam Mayor, not at this time. There is a -- there is a plaza space there with some shade trees that will be planted in that. There will be cutouts in the concrete, but no cover at this time. De Weerd: On a day like today I don't know how used that equipment will be. Cavener: Be a quick workout. Bird: That would be a quick workout. Milam: You don't have to work up a sweat. You get a good sweat out in a short time. De Weerd: Any other questions for Mike? Bird: I have none. Meridian City Council June 28, 2016 Page 36 of 39 De Weerd: Okay. Barton: So, we have a current budget of 758,000 dollars. We are negotiating a cost share with Brighton Corp. We have had this budget for some time and we are -- we are still truthing numbers and getting an accurate opinion of cost and this is kind of the first step, some of t he cost saving things we have had. Brighton Corp has brought utilities to the site. Water service, sewer and power. So, we won't have those costs. The other thing that we will -- we are going to connect to the pressurized irrigation system for the subd ivision and reimburse them for a percentage of electricity cost, just our percentage of acreage, so we won't be building our own pump -- pumping system. So, we think we can -- we can get there with this, but I -- we haven't truthed all the numbers yet and we will be working on that. As far as timing goes, we will final design in August and, again, with this one bidding in December to take advantage of some favorable off season pricing we are going to be working with the Russell Corp as the construction manager on this project and we will be bringing in an agreement to Council for those services here in the next few weeks. De Weerd: So, Mike, just a question. Since these are just -- these two parks are within a mile and a half of each other, is -- is there any benefit or economies of scale that you can use one construction manager and work them to bid those parks, bid both for -- each separately and see if you can get some cost efficiencies there? I know when we built our pool we built it at the same t ime someone else did and we got a better price, because they had the equipment in the area and they just -- they did one house and they did the other and -- just a thought. Barton: Yeah. Madam Mayor, that's a -- that's a great thought and I think this -- by staying to the same timing and construction schedule, because they both are a similar project and if we bid them at the same time, that a contractor can look at that and say if I get this one, then, I can maybe put forth some favorable pricing on the other one together, because I will be in the same area. I think with the -- just because they are both more or less on the same schedule that we will get some good pricing. I don't know the advantages to using the same construction manager. It would be -- De Weerd: It was just a question. Barton: -- two different budgets, two sites, and I'm not sure the logistical problems of combining bid packages. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council June 28, 2016 Page 37 of 39 Milam: To me, Mike, it seems -- I thought that was a fabulous idea, Madam Mayor. And it seems like if you had the same project manager, the same as with a construction company, that they could do both of them at a better rate than hiring two different people to do the same work. I mean at this point it's something to look into. But I think it's a really good direction. Barton: Thank you. We will look into it. De Weerd: Okay. Any other questions for Mike? Okay. Thank you. Barton: Thank you. Item 10: Ordinances A. Ordinance No. 16-1698: An Ordinance (H-2016-0004 Meridian Property Group) of the Mayor and City Council of the City of Meridian Granting Annexation and Zoning for a Parcel of Land as Shown on that Record of Survey No. 7426, Recorded Under Instrument No. 106095763, Ada County Records Also Being a Portion of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE ¼) of Section 7, Township 3 North, Range 1 East, Boise, Ada County, Idaho, as Described in Establishing and Determining the Land Use Classification of said .062 acres more or less from R1M to CG (General Retail and Service Commercial) District, in the Meridian City Code; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved De Weerd: Okay. Now, I will go ahead and move to Item 10-A, which Ordinance 16-1698. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An ordinance H-2016-0004, Meridian Property Group, for annexation and rezone of a parcel of land as shown on the record of survey number 7426, recorded under Instrument No. 106095763, Ada County records. Also being a portion of the northwest quarter of the northeast quarter of Section 7, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certainly lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-1M to C-G, General Retail Service Commercial District, in the Meridian City Code, providing that -- or providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law and providing for a summary of the Meridian City Council June 28, 2016 Page 38 of 39 ordinance and providing for a waiver of the reading rule, and providing an effective date. De Weerd: You have heard this read by title. Anyone want to hear it read in its entirety? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none that want to, I move that we approve Ordinance No. 16 - 1698 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10 -A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 11: Future Meeting Topics De Weerd: Council, although this is not an agenda -- a future agenda topic, I do have a request -- a letter that reiterates something that we discussed last fall in regard to Idaho Transportation Department's request they received on looking at Chinden to -- to increase the weight limit. If you recall. We had asked them to -- we raised several questions and concerns that we never received a request to and -- or a response to and also in light of COMPASS that they were doing a freight study for the region and that would be completed by the end of this year to wait on anything. It has recently come to our attention that Idaho Transportation Department has initiated and negotiated rulemaking discussion for this week . It makes this letter pretty urgent to weigh in our continued concerns about this particular approach and using this kind of venue to address whether or not trucks that are -- exceed the weight limit currently established, be able to access Chinden. Rulemaking is not the way we believe should be used. I did draft a letter. It has all of our signatures. I would ask if you would be supportive of signing this. It just took the talking points from our -- our letter that was dated on September 8th, 2015. Palmer: Madam Mayor?