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HomeMy WebLinkAbout2017-02-28Meridian City Council February 28, 2017 A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, February 28, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts.. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Bruce Freckleton, Berle Stokes, Parry Palmer, Steve Siddoway, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I would like to welcome you all to our City Council meeting. It's always great to see our Scouts in the audience, so thank you for joining us, as well as the rest of our public and those that have items on the agenda. So, welcome. For the record it is two minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 we will be led by Payton Young. He is with Troop 128. I believe his whole troop will come forward. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited) De Weerd: Thank you. And if I could offer -- young men. If I could give you one of these for leading us in the pledge today. Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. We will be led tonight by Larry Woodard. He is with Ten Mile Christian Church. If you will all join us in the invocation or take this as an opportunity for a moment of reflection. Woodard: Our Dear Heaven Father, we come to you tonight thanking you for all the blessings that you have bestowed on this city. We thank you for the good Meridian City Council February 28, 2017 Page 2 of 49 people who live in Meridian and the people who in increasing numbers have chosen to make this their home and for many a place of emp loyment. Tonight I thank you for our Mayor and this City Council. They continue to set the standard for our city and it's a good standard. In a few weeks we will have a school levy vote and a library bond election. I pray that we will be able to accomm odate the growing number of students in this city and pray that the school levy passes easily. This Council will continue to wrestle with the issues that affect our everyday life. Road improvements are one issue, along with new sewer and water lines. It's been a hassle trying to drive Ustick and Meridian Roads this winter, but by summer it will be great to drive on a new four lane street. Our police today were involved in some dangerous situations and I -- I'm glad that that all turned out well. Lord, we can focus on our local situation, which is pretty good, but I would be remiss if I did not pray for our national leaders and our Congress. They have some very troubling issues to tackle this spring and especially the nomination of Neil Gorsuch to the Supreme Court. I pray that all of our national leaders learn to pull together. I want to close tonight with a prayer of thanksgiving for the last few veterans of World War II. I visited this morning an ailing bombardier who flew missions over Germany. These men are rapidly passing on and we don't want to forget them and their families . When the call came to protect our nation in the 1940s these men and women stepped forward and we were protected. Bless the decisions tonight. Give our Council clear thinking that would be in accordance with your will for our lives, in Jesus' name, amen. De Weerd: Thank you, Larry. It's always so informative hearing your prayers. I think I need you to start me out every single morning. Woodard: Okay. Item 4: Adoption of the Agenda De Weerd: Thank you so much. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On 5-I, the Hillsdale Park access and parking easement, the staff suggests this item be vacated and brought back at a later date. There is some work that has to be done on it and with that I move we approved the amended agenda . Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. Meridian City Council February 28, 2017 Page 3 of 49 MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of February 7, 2017 City Council Regular Meeting B. Approve Minutes of February 14, 2017 City Council Workshop Meeting C. Approval of Task Order 10614.c for Professional Services for “Black Cat Trunk Sewer Phase 5- Construction Services” to J-U-B Engineers, Inc. for the Not-To-Exceed amount of $61,118.00. This Task Order is issued in conjunction with the Master Agreement with J-U-B dated October 3, 2016 D. Approval of a Sole Source Purchase for a Flygt 4630 Mixer for the WWTP Replacement Equipment from Utility Management System for the Not-toExceed amount $10,723.60 E. Approval of Award of Bid and Purchase Order for one (1) Front End Wheel Loader Equipment from Western States Equipment Co. and authorize the Purchasing Manager to sign Purchase Order #17-0207 for a Not-To Exceed amount of $109,850.00 F. Award of Bid and Approval of Purchase Order for Fire Engine Extrication Tools from L.N. Curtis & Sons for a Not-to-Exceed amount of $71,280.00 and authorize the Purchasing Manager to sign Purchase Order #17-0212 for the Not-to-Exceed amount of $71,280.00 G. Task Order with McCall Studios, LLC For Public Art Bench Concept Designs for an Amount Not-to-Exceed $500 H. Golden Grove Subdivision Heartland Townhomes Property Management, LLC Water Main Easement De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 28, 2017 Page 4 of 49 Bird: As stated earlier, Item 5-I is taken off the agenda to be brought a t a later date. With that I move we approve the agenda, Consent Agenda, and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Community Items/Presentations A. Meridian Arts Commission Annual Report De Weerd: So, we will move to Item 7-A, which is under our Meridian Arts Commission annual report and I will be turning this over to Hillary and Mary. Welcome. Jensen: Thank you. Thank you for having me. My name is Mary Jensen and I'm the former chair of the Meridian Arts Commission, but we will get to that in a minute. Hopefully you will see our new chair here soon. But I am thrilled to be here to update you once again on all the wonderful things that have happened with the Meridian Arts Commission this past year. We are grateful for Hillary, who has made this presentation possible for us today. And I think you have seen our summary of our year end budget and activities, so we will just go through this quickly. First of all I wanted to recognize our arts commission currently as seated. Leslie Mauldin is the chair, Michelle Glaze is the vice -chair. Stephanie Barnes, who is here with us tonight. Thank you, Stephanie. Bonnie Grif fith. Myself Mary Jensen. Ellen DeAngelis. Gretchen Caserotti, who is also here with us tonight. Thank you, Gretchen. Claudia Weatherman. And our youth liaison Taylor Farmer. If you know of any men we do accept them on the commission, but right now it's girl power on the Meridian Arts Commission. An overview of our Initial Point Gallery. Again, a very successful year for the Initial Point Gallery. The majority of our volunteer hours do come from the gallery, as well as the commission member who helps staff those gallery evenings. We do have a lot of Meridian City Council February 28, 2017 Page 5 of 49 volunteers that help us hang and take down each month for our new presentations and they are wonderful ladies. We couldn't do it without them and we are so glad for all of the volunteers that put in their time to volunteer here at the city in Initial Point Gallery. Over a hundred volunteer hours went into this gallery and over 500 people have visited our gallery -- and signed in to tell us they have visited over -- in 2016. So, we are looking forward to a really exciting 2017 in the gallery with more shows, more visitors and, hopefully, more volunteers to help us out there. A highlight of the gallery is that all -- for 2017 we will have of the display cases up in the center of the gallery each month. We also added a brand new credenza that in itself is a beautiful piece of art, but it's also very functional for our volunteers to store their personal items while they are working in the gallery and it was made by a local artisan right here in Meridian. He's just two blocks from us. We had an excellent experience working with him and hopefully you have got -- you have had the chance to see that beautiful piece that now occupies a space in our gallery. One of the highlights was our West Ada frames competition. West Ada contacts the commission each year and asks for us to send judges to that art show. All student run. All student participated in. And so Ellen, Michelle and Genesis were able to be the judges for that art show and we were able to award some amazing young artists recognition, as well as some -- some prizes for their participation. We have, again, supported the Meridian Symphony Orchestra and their rising stars program. That is where they audition young musicians to play with the symphony in their final concert of the season and we are thrilled to be a ble to sponsor that again this year. We did have two young performers Anna Kathleen Black, a violinist, and Fernando Perez, who was a flautist and they did a fantastic job and we are thrilled to be able to work with the Meridian Symphony on a regular basis and help support them. Oh, yes. Thank you. I was going to get to that when we got to Concerts on Broadway. But we do have a little reciprocal performance venue available for those young performers where they get to come out and perform as one of our opening acts for Concerts on Broadway. So, we had Fernando here this summer. De Weerd: Awesome. Jensen: The flautist. To come in and -- I do like saying that. To come in and to be the opener for one of our concerts. We have also partnered again this year with our local theater company, Treasure Valley Youth Theater. We were able to sponsor two of their productions, Aladdin Jr. and How To Eat Like A Child And Other Ways To Avoid Becoming A Grown Up. And we are super excited to continue to support them in their season in 2017 and offer these amazing opportunities for the young people here in Meridian . An exciting thing about our partnership with Treasure Valley Children's Theater is that we do get to watch their opportunities grow as we offer them support . They were awarded funds from a local organization called One Hundred People Who Care-Ada County and they also were able to establish their own public art plaza next to their building that we helped kick off for them. So, we are excited to watch them grow. Brand Meridian City Council February 28, 2017 Page 6 of 49 new to the arts commission this year was the Dairy Days Art Show. We were approached by the Dairy Board and thought it was something that was within our wheelhouse and we were kind of headed up by Ellen, who has been on the production side of art shows before, so as a commission member she kind of headed the charge. We did have nearly 30 artists participate in our very first Dairy Days Art Show and all of the expenses were reimbursed from the Dairy Board. The best and worst feedback we got was that there was not enough of it , so we have decided to take it on again for 2017 and we will see if we can give people more of what I want and we are really excited about that. Our Concerts on Broadway series, again, was a huge success this summer. We were able to offer four concerts, but we added new bands this summer if you got to see -- Soul Patch was brand new to Concerts on Broadway, as well as Precious Bird and both had excellent turnouts and followings and really added something new and fun to our Concerts on Broadway series. We also were able to have food trucks, which was something that the commission has always wanted and worked towards and so we were really thrilled to be able to provide that. And the weather held for the most part on all four concerts, so we are going to hope for that for this coming season as well. A couple of things to note is that the park staff added recycling bins, as some feedback that we had gotten from the public. They would like to be able to recycle. And also that we were able to use a production company for the first time, called Wineglass Arts Development, and they really took on the entire concert series, allowing the commission to make the decisions, but not put in all the elbow grease with it. So, it was really a good, solid partnership and we were pleased with what the results were. Another new bright spot in our year at the arts commission was the Meridian Art Week and this idea came about because Shelley Houston, one of the employees here, brought forth an idea of an art drop that had been done around the country and the commission jumped on it, they said, yes, that sounds like a lot of fun and I think we can do it. So, we kind of combined an art drop where artists and non-artists alike could hide pieces around the city for people to find and enjoy and learn about art and we combined that with a ribbon-cutting for our newest art piece -- oh, yeah, there is the hidden piece right there. And as well as for the Idaho Street project. So, there was a lot that went on. In the evening we also were able to host a chalk art festival from the local high schools. There were a lot of great successes, but a lot of things that we learned and we are really excited to put into play for that art week in 2017. Okay. Thanks. There was no shortage of public art this year for us, but we are really thrilled about -- obviously, we were able to commission Daniel Borup to put in bronze sculptures Out On The Town right here at City Hall and had a lot of great feedback. This is -- I haven't seen the frosty cone. De Weerd: He looks really cold. Jensen: Yeah. But his ice cream won't melt, so that's good. Right? Anyway, we are thrilled with that piece. As well as a CJ Rench piece that we were able to finally have installed, called Native Grasses, and it is at the corner of Fairview Meridian City Council February 28, 2017 Page 7 of 49 and Main and, again, we have had a lot of really positive feedback. It's been really interesting to watch the art pieces through the seasons and how they kind of mentioned the frosty cone, but especially on the Native Grasses with the changing colors of the landscape around it come to life in a lot of different ways , so be sure and take note of that when you see -- or when you're driving by those. And an exciting part of 2017 is that we have been able to work with the parks commission in establishing public art in some of our parks and the first project you see kind of a concept of that is ready to go for Heroes Park and the artist is Ken McCall, so we are looking forward to getting that underway and getting an install date. I think everything that we do at the arts commission, obviously, really shows our commitment to the city and our passion about the arts and sharing it with others and I think that's one of the -- the most exciting things that the arts commission has to offer this year and every year. We are thrilled that every time we can make a connection with a local artist or a local person who just wants to be involved or learn more about the arts, then, we try and do that and one of our favorite stories at the arts commission is the story of Andrew Clifford and I don't know if you will remember him, but he had a piece of art that he wanted to submit for a traffic box and there was some possible copyright infringement with Disney that we were really nervous about and he made it all happen and went through all the correct channels and did it all legally correct and, then, brought it back to us and we were able to finally install his piece of art on a traffic box. So, it was a really exciting thing. All right. I don't see -- did Leslie come yet? She did. I'm going to make her come up. Leslie, come on up here. So, for the past four years I have been thrilled to lead the arts commission as the chair, but I'm equally as thrilled to have a new set of eyes, a new equally passionate person here. I'm not going away. I'm still here. You will probably still see me as part of the Concerts on Broadway production team, but I am thrilled to pass the baton to our dear Leslie Mauldin and she's going to be the one you get to see from now on, the face of the arts commission. Mauldin: I apologize beforehand. And I also want to thank Mary. She's been absolutely fantastic. I feel like I have some really big shoes to fill and this is really odd, but I'm going to give her a hug right here. Jensen: Thank you. Mauldin: So, thank you, Mary. Jensen: Thank you. And thank you to Madam Mayor and the City Council. Obviously, you are the reason that we are here and we get to do all these wonderful things and share this passion that we have with our city. So, thank you. De Weerd: Thank you, Mary. And I would join my voice with Leslie's in thanking you for your leadership. You probably served as the chair much longer than you thought you would and I -- I hope that you can look back over the Meridian City Council February 28, 2017 Page 8 of 49 accomplishments during your terms and see how much actually has happened , because there has been a lot of effort, a lot of results, and certainly our community is much richer because of it. So, thank you for your leadership, your tenacity on a number of things, and we are thrilled that you will continue to serve and we appreciate your passion and your energy. Jensen: Thank you. De Weerd: And we welcome you as chair, Leslie, and certainly got to see a little bit of your talent at the State of the City kicking us off with the National Anthem. Thank you for doing that. And congratulations on being elected as our chair. Mauldin: Thank you. De Weerd: Council, questions for Mary or -- Milam: Madam Mayor? De Weerd: Yes, Genesis. Milam: Leslie, did you get -- did you get elected because you didn't show up to the meeting? I was kidding. Mauldin: I was there and I still let it happen. I'm sorry. That was just weird. Milam: Mary, fabulous presentation and even though I was there with you guys on a lot of that, that was exhausting just watching it. The amount of work that you -- the whole team of you ladies put in is just amazing and the art that, you know, we see throughout the city and everything you do it really does make a tremendous difference in our community. So, thank you all for your hard work. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Taking off the Councilman hat and putting on the Dairy Show Board hat, I can't -- I can't tell you the surprise we got from Hillary and Ellen and all you guys when we figured if six people showed up we have a good art show and you had 30. We give you two months to do it in and I -- I firmly believe that that Dairy Days Art Show will grow to be large -- a large show that will be one of the main draws for our Dairy Days and I thank you very much from the board -- the Dairy Show Board. Thank you. Jensen: Thank you. Meridian City Council February 28, 2017 Page 9 of 49 Mauldin: Thank you, Councilman Bird. Wait until this year. It's already rolling. We are excited. De Weerd: That's cool. I know. Seeing what you were able to do in two months and now you have had a whole year. Hold onto you r seats, uh. Any other questions from Council? Comments? Cavener: Madam Mayor, just a comment if I may. De Weerd: Mr. Cavener. Cavener: This commission update is -- kind of follows through with the other commission updates that we have had and it's just remarkable the amount of work that these incredible volunteers put on. Thank you again. I know it's -- it's kind of repeating what everyone has said, but I think it's great that the rest of the commission -- or some of your commission members are here. The arts commission has been a commission that I really enjoyed growing -- or watching grow and really seeing it evolve over the past nine years. We have some of the most amazing people in our community serving on that commission and I am really looking forward to seeing all you guys accomplish this year. It's been really great to see. Jensen: Thank you. Bird: Thank you guys. De Weerd: Yes. Thank you so much for joining us and a special thanks to Hillary as well. Jensen: Yes. De Weerd: You are awesome. They didn't note you as one of the changes last year, so -- but we love your talent. Thank you so much. Bird: Thank you guys. Jensen: Thank you. Item 8: Action Items A. Final Plat for Movado Estates Subdivision No. 1 (H-2017- 0004) by DevCo, LLC Located at South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road Meridian City Council February 28, 2017 Page 10 of 49 B. Final Plat for Movado Estates Subdivision No. 2 (H-2017- 0005) by DevCo, LLC Located South Side of E. Overland Road, Between S. Topaz Way and S. Cloverdale Road De Weerd: Okay. Moving to Item 8 under Action Items. Item 8 -A is a final plat for H-2017-0004. Caleb. Hood: Madam Mayor, Members of the Council, the applicant for both A and B tonight, H-2017-0004 and H-2017-0005, has requested continuance to March 7th. They are trying to address some of staff's comments, conditions in the staff report and I'm hopeful that we can have it on the Consent Agenda on the 7th. So, if you are willing to continue that for a week that would be appreciated. De Weerd: Okay. Thank you. Council, any questions for Caleb? Or issues on that request? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: With your permission I will make a motion for both of them. De Weerd: Okay. Bird: I move that we continue H-2017-0004 and also H-2017-0005 to March 7th, 2017. Milam: Second. De Weerd: I have a motion and a second to continue Items 8-A and to March 7th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. C. Amended onto Agenda: YMCA Building Permit Partial Fee Waiver Request Continued to March 7, 2017 De Weerd: Item 8-C is under the YMCA and their request for a building permit partial fee waiver. Hi, Steve. Siddoway: Madam Mayor, Members of the Council, I will kick this off. To start with I'd like to address the obvious question as why was the agenda amended to -- to put this on for tonight. The -- I'd like to start with some history and how we got to where we are today. So, there is a letter that's part of the packet. The formal request was submitted back in December. Building permits have been in process with the building department since then, but it didn't make sense to bring Meridian City Council February 28, 2017 Page 11 of 49 forward the formal request until we had some final numbers. The YMCA finished open bids, got their final numbers last week, submitted them on -- on Friday and, then, they are hopeful to get their -- their building permits as soon as possible. Initially hopeful that it could be tonight, although we had talked and our plan was to bring it forward next week and they had acknowledged that with their construction timeline that -- that either would work. Then we learned the Mayor was going to be out of town next week and now it's kind of the t rump card for us to want to come forward and give the -- the opportunity to discuss it while everyone is here tonight. So, we appreciate being able to -- to come before you tonight while everyone is here. Last year we entered into a partnership with the YMCA for what the -- the facility known as The Hill down in south Meridian. The Hillsdale Elementary School is the first part of that and the part that's been built . Part of our agreement -- or our partnership MOU with them is that we -- we are continually seeking ways to act in good faith, in the spirit of partnership to realize this project together. Examples on the Y side for us have been -- they are committed to building the parking lot for the park that we are about to build. They have taken on all the land donations initially until the final lot lines could be created and, then, given to the various partners and, then, of course, last year they -- they sold us the Home Court facility at a favorable price and all those funds are going back into the -- the project there. So, their formal request for consideration tonight is that the Council consider waiving certain soft costs or any proportions of the building permit fees that are considered indirect fees or soft costs. You have a memo in your packet from Bruce Freckleton that delineates those with specific numbers. He's available to give as much or as little as you would like on that. And we also have David Duro and Scott Curtis here from the YMCA to answer any questions and with that I will -- I will stand for any questions myself. De Weerd: Thank you, Steve. Council, any questions? Bird: Not at this time, Mayor. De Weerd: Okay. Siddoway: So, the question is do you need to hear for Bruce or do you have the information you need? De Weerd: Bruce. Freckleton: Good evening, Madam Mayor and Members of the Council. We did receive the final bid numbers and we -- we did modify the numbers that we had in the memorandum that I had given a draft copy out earlier. Surprisingly -- and for good -- the bids did come back lower than what we had originally received in the initial estimates from the contractor. So, you do have the memo in front of you, I believe, and the numbers as they stand now, based on the actual bid numbers, is Meridian City Council February 28, 2017 Page 12 of 49 104,208.07 and so with that I would stand for any specific questions you might have on -- on the memo. De Weerd: Thank you, Bruce. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we accept the recommendation for waving the soft costs and direct fees and not to exceed -- how about we say 105,000 dollars. De Weerd: Okay. I have a motion. Do I have a second? Bird: I will second it. De Weerd: Okay. I have a motion and a second. Discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I'm not sure yet whether I'm opposed to it or in favor of it, but the fact that it was amended on the agenda last night would make me a lot more comfortable if we gave it a week to be able to ponder more on in case anybody has any -- from the public they want to bring forward and have time to have a week under it to -- before we make that decision. So, with that I would make an amended motion to continue the item for a week. De Weerd: Okay. Cavener: Madam Mayor, I will second that, but, then, perhaps a question for legal. De Weerd: Okay. Mr. Cavener. Cavener: Madam Mayor, thank you. Bill, it would be my understanding that should Council approve this tonight it would come back next week on the Consent; is that accurate or inaccurate? Nary: Madam Mayor, Members of the Council, Council Member Cavener, there wouldn't be anything to come back. So, it would be agreeing to that today. Cavener: Madam Mayor, a comment if I may. I'm certainly supportive of the original motion of supporting this request. Likewise, I -- I do question the precedent we set with a significant dollar amount request in such a short amount Meridian City Council February 28, 2017 Page 13 of 49 of notice. I would be supportive of continuing this for a week. More just to insure that our public has the opportunity to see the decision that is before this Council, regardless of what everyone in this room decides what is -- you know, a motion they would want to support or oppose. Palmer: I said amended, but I meant substitute. De Weerd: That's all right. We knew what you were saying. Any other discussion on the amended motion? Substitute -- substitute motion? Okay. The motion in front of you right now is to continue this item to next week on March 7th. All those in favor would you, please, say aye. Any opposed say nay. Okay. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: We will set this out for next week's agenda and under Action Items. Thank you to Scott and David for being here and we appreciate you as well , Steve, do you have any further comment? Siddoway: If Council did have any questions for -- for Mr. Duro. He's here tonight. He won't be able to be here next week, so if you had any questions they would be happy to take them and, then, just so I know to prepare for next week, do you want another presentation or you just need it to come back up before you? De Weerd: I think the desire is that -- to have it on a printed agenda and give the public an opportunity if there is any questions to have that opportunity to ask. Siddoway: Totally understand. So, thank you for your time. De Weerd: Certainly I would invite David, if you are -- could you join us and give us an update. Last year or last fall we certainly started -- or I guess it's been longer than that -- but if you could maybe give us an update on the project itself. Duro: Mayor and City Council Members, it's a pleasure to be here with you tonight. Next week I'm actually in Washington DC and talking to some other legislators, so that's why I won't be able to be in attendance at the meeting next week. But the project is moving forward really well. We are so excited and it's great to be able to thank you for your partnership in bringing this project to reality. We think it's going to be a real game changer for the community and we are just so excited to have the school, St. Luke's, the city and the Y all together to serve our kids and families. I mean it -- it is truly going to be something like we have never seen in this valley before. So, we are very, very appreciative and anxious to partner for the long term with all of you here at the city. So, updates on the project. The first one is fundraising, which we have been working on very, very hard as you know and so we have reached 17.1 million dollars raised on our 18.5 Meridian City Council February 28, 2017 Page 14 of 49 million dollar total cost project. So, we have got a little bit of a gap still. We are out talking to people and we are confident we are going to close that gap. So, that -- 17.1 million is a lot of generosity for a lot of people, so we feel really blessed and really supported by the community in that effort. And the thing that really speaks to people -- so that -- so that you can hear is it's -- the community and these entities coming together to deliver something that couldn't be delivered by one entity alone and there is so much synergy there and cost savings, both in the short term construction costs and in the long terms. It really resonates with people and they are willing to support it financially. So, what we deliver is going to be special, but just that the fact that people would support this, because of the partnership is really rich. So, then, from the bids, you know, we were nervous being out in this bid climate with all the construction that's happening all throughout the valley and so we were nervous on how those bids would come back and we had the 18.5 number. We -- the bids are -- will allow us to work within that budget, so we go to our board, the YMCA board of directors tomorrow and we ask for approval to take the next step forward and to really commit to spending those funds on the next phase of a project. So, that is looking really good. The design is super -- I know we are excited to get the ground broken on the park and see that come together and, then, the design of the facility, we think that compliments everything else that's happening out there and so we are very excited about the design and how we move forward there. So, all in all, I think it's been, Mayor, as you said, in the opening -- it's been a long road to bring this thing to fruition where we are right there on the precipice of making it happen and so your consideration next week on the building -- the building permit cost waiver will make a big difference to this project and as you know we are not going to rest until we have a pool there and a library there and so this is just one -- one step closer to making all that happen. And I would be glad to take any questions. De Weerd: Thank you, David. Any questions? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, based on your last statement is the 18.5 number with -- that's without the swimming pool? Is that correct? Duro: That's correct. Milam: That's one of the best things the Y does is swimming lessons. Duro: Thank you. And as I said, we -- we know how big of a need that is for the community and what a difference it will make and our boa rd is committed to see that through somehow. You know, we -- as you know we took a couple of Meridian City Council February 28, 2017 Page 15 of 49 different approaches to it and those have been dead ends for right now. There will be a way. Milam: Thank you. Duro: Thank you. De Weerd: But I think there is a lot of exciting programing in the dry side of things and a lot of excitement in particular from the school for the indoor piece, as well as the health piece. I -- I know the larger vision certainly includes all partners to really show the synergies and how this best leverages all the partners resources. But the dry side has a lot of exciting programming and -- and benefits to our community in promoting a healthy Meridian, a healthy Ada County, and that's certainly an area of our community that is underserved and looking forward to having this facility. So, we appreciate everything you, your board, Scott and the staff have done to make this a possibility and be a model I think a lot of others will -- will be looking at to follow. Duro: Thank you. De Weerd: So, anything further from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: David, I would just like to say thank you to you and your team and Scott for all your hard work in leading this effort. The business community certainly appreciates it and we just look forward to continuing down this road with you. Duro: Thank you so much. De Weerd: Thank you for joining us and good luck next week. Duro: We will see what we can do. D. Public Hearing for Handy Wholesale Products (H-2017- 0006) by Lawson Design Located 710 E. King Street 1. Request: Vacate the Twenty (20) Foot Wide Public Utility, Drainage and Irrigation Easement on the North Boundary of Lot 17, Block 2, Meridian Business Park Subdivision Meridian City Council February 28, 2017 Page 16 of 49 De Weerd: Yeah. Be safe. Okay. Item 8-D is a public hearing for H-2017-0006. I will open this public hearing with staff comments. Hood: Madam Mayor? De Weerd: Caleb. Hood: Thank you, Madam Mayor, Members of the Council. This agenda item has to do with the vacation of a public utility and drainage easement . In 1985 a 20 foot wide -- what we affectionately refer to as a PUDE easement. So, again, a public utility drainage easement was created with the platting as part of the Meridian Business Park Subdivision. The property owner at 710 East King Street, which is Handy Wholesale Products, recently received a certificate of zoning compliance approval to construct a 22,240 square foot truck service bay and warehouse addition to the existing 6,000 square foot building that is on the property highlighted on the screen. The proposed building spans that northern property line and there is that 20 foot public utility drainage easement, so they need to vacate that. It does also encroach, as you can see, into the railroad right-of-way. We do have consent from the railroad com pany that they are okay with encroachment and we do have also all public utilities have given their consent to relinquish their easement rights that were created back in 1995 with the platting of this project. So, with that, Madam Mayor, we would recommend approval of the subject application and I would stand for any questions. De Weerd: Thank you, Caleb. Council, any questions at this time? Bird: I have none. De Weerd: Okay. Is the applicant here? Good evening. Thank you so much for joining us. If you will, please, state your name and address for the record. Lawson: Madam Mayor, Council Members, Gary Lawson, Lawson Design, Nampa, Idaho. That's where I'm from. I have been working on this project with Handy Wholesale for a while trying to get all their ducks in a row and right now they off load railroad cars on an outside shipping dock and, then, move the project on a small semi 80 feet away and put it into another warehouse there and their objective on this is to be able to off load railroad cars directly into the warehouse. You can imagine how much fun that was this winter, especially on the off-loading railroad cars and putting it into -- onto a small trailer and, then, off - loading it again into the warehouse and, then, reloading it to ship it to their people that they ship to. So, that's the reason for their wanting to do this. It will greatly enhance their ability to handle their projects without getting it out into the elements and having any composition from that. De Weerd: Thank you. Council, any questions? Meridian City Council February 28, 2017 Page 17 of 49 Bird: I have none. De Weerd: Okay. Thank you for joining us. Lawson: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing none I move we close the public hearing on H-2017-0006. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8 - D. All those in -- Borton: Madam Mayor? De Weerd: Yes. Borton: Quick discussion. If I could sneak one question in to staff before we do that? De Weerd: We typically don't have a discussion on closing the public hearing, but would -- Bird: We will pull out. De Weerd: Okay. Yes, Mr. Borton. Borton: Thank you. Real quick. I just haven't seen this before. Tell me -- or tell us real quick what do we provide to the county when these kind of requests come? Is it a recommend to approve or do we also sometimes include, you know, a suggested condition or two that might be consistent with -- since it's adjacent to city limits or do we just merely say we recommend approval period? Hood: So, Madam Mayor, Councilman Borton, this property is actually zoned I -L in the City of Meridian, so we are the lead agency in this case. The vacation of the -- the easement -- we do -- I was going to say we do findings, but I am not even quite sure if that's the right process for this. Bill Parsons actually wrote the staff report, but there aren't really any comments that we send to the county. It is Meridian City Council February 28, 2017 Page 18 of 49 effectively amending the original plat by vacating that plat note or the easement that was created with the subdivision. Borton: Okay. De Weerd: Mr. Nary, does this generate a need for findings? Nary: Madam Mayor, Members of the Council, I believe we do an order is all we do and, then, that -- that's what gets sent to the county. De Weerd: Okay. Borton: All right. Thanks. That's it. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Now I move that we close the public hearing on H -2017-0006. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8 - D. All those I favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0006 and to include all staff and applicant comment. Milam: Second. De Weerd: I have a motion and a second to approve Item 8 -D, which is H-2017- 0006. Mr. Bird, will you -- Mr. Bird. Mr. Clerk. You down there. Will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council February 28, 2017 Page 19 of 49 MOTION CARRIED: ALL AYES. E. Request for Reimbursement Agreement for Infrastructure Enhancement - Fall Creek Subdivision No. 2 De Weerd: Item 8-E is a request for reimbursement agreement for infrastructure enhancement for Fall Creek Subdivision No. 2. I will turn this over to Bruce Freckleton. Freckleton: Thank you, Madam Mayor. What you have before you is the preliminary determination of eligibility for the request to enter into a reimbursement agreement for infrastructure enhancement by Coleman Homes for the Fall Creek Subdivision No. 2 as procedurally required under Meridian City Code 8-6-5. This is the second request under the reimbursement agreement for infrastructure enhancement code that was adopted back in July of 2011 . The first request was also by Coleman Homes, but was for a sewer lift station that was installed in The Oak -- The Oaks South Subdivision. The code had to be amended at that time, since it was not originally designed for equipment such as a lift station. So, this request is, basically, the first one to come forward to you for a main line extension. Unfortunately, this request was made very late in the development process and, essentially, came in too late to consider for conditioning adjacent properties that would be the ones that would reimbu rse under the RAIE that may be approved. Can you go to the second slide, Caleb. Secondarily -- and maybe even more importantly is that a literal read of the code states in many locations that to be eligible for a reimbursement agreement you would need to be -- or excuse me. You would need to construct infrastructure that is above and beyond what is required by the Public Works infrastructure master plans. In Coleman's case they installed infrastructure per the master plan requirements. We assembled a team from the Public Works Department, Community Development Department, and Legal Department to consider this request and there was a belief that the code as written does not represent what was intended when the new code was put together back in 2011 and for this reason we are wanting to put together a stakeholders group, including developers and design consultants, to come up with a new language for the code. We do believe that a reimbursement program is appropriate for the city, but we need to strike a balance to make sure that what we come up with is fair and equitable for all without being overly burdensome to administer for city staff. So, for tonight we are simply asking for your consideration of the request and Dale Bolthouse's preliminary determination memo that you should have in front of you and, then, render your decision. Becky McKay is here tonight as a representative for Thomas Coleman if you have any questions with her and with that I will stand for any questions you might have. De Weerd: Thank you, Bruce. Council, any questions? Meridian City Council February 28, 2017 Page 20 of 49 Bird: Not at this time, Mayor. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. McKay: Becky McKay. Engineering Solutions. Business address 1029 North Rosario, Meridian. De Weerd: Thank you, Becky. McKay: Good evening, Madam Mayor, Members of the Council. It's been a while. I have been on a little sabbatical. I'm back. De Weerd: You need to say that with more enthusiasm. McKay: No. I'm back. Well, you have to understand I -- I just got back from Hawaii, so -- I'm a little bit -- you know. De Weerd: Well, it's kind of hard feeling sorry for you. McKay: Yeah. I know. I know. As Bruce indicated, the -- the reimbursement agreement ordinance was -- was modified in 2011 and, you know, we find situations where we have extensions of oversized, over depth, in order to provide additional capacity to adjoining properties. It has historically been the policy of the City of Meridian that they would take into consideration any of that additional capacity that's created by a developer extending your services and that there be some eligibility for reimbursement by future developers down the road and, then, there was always an administrative cost that was deducted from that for the City of Meridian handling that. In the particular case of Fall Creek, the project runs from Stoddard Road all the way west to Linder, which is approximately one half mile. There was an existing 12 inch water main in Stoddard Road. Part of our requirement was to build a half mile of 12 inch water main through Kodiak Drive all the way to Linder and that was one of our conditions of approval. It is also necessary in order to service our development. The reimbursement that's before you this evening happened with a 12 inch water main that we were connecting an existing 12 inch water main in Linder and the staff asked us to extend that 12 inch further south to our southern boundary for future extension, which would take place across the Ridenbaugh Canal, south up to Victory, and, then, that 12 inch main will eventually go eastward and loop your existing 12 inch that's in Victory Road over at Kentucky Ridge and one of the other subdivisions . So, as far as the serviceability of that area from this 12 inch, this is zone four, it has the ability to serve some properties up to elevation 2714 south of Victory and, then, it will also -- that tie in would serve the last phase of Southridge . The reimbursement before you is not a lot of money. It's 24,848 dollars. When we received the letter from the Public Works director basically stating that they were Meridian City Council February 28, 2017 Page 21 of 49 not in support of it, I noticed that the language he refers to is all addressing sewer, their wastewater division, their master sewer plan, and so I was a little bit confused that it stated, well, you know, this service benefit area has previously been entitled. There few, if any, other users who would come online that could potentially reimburse Mr. Coleman for this infrastructure. Well, for sewer that is the case. We weren't asking for any reimbursement on sewer and that service area has been established years ago. He is absolutely correct. So, I was a little bit puzzled and I did bring this up with Bruce prior to the meeting. You know, staff has indicated that there needs to be some -- some work done on your current ordinance as far as reimbursements are concerned. We would like to volunteer to be on that committee to make sure that -- that if there are problems that -- in a situation like ours, this prohibits us from recouping our additional cost when there is additional capacity added to your system. We would like to make sure that -- that we help the city to work out the bugs out of this document. I guess we ask, you know, the Council to -- to consider our proposal and I will leave it at that. Thank you very much. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, I got a question. You say that the -- what you're asking for reimbursement was not part of the original approval , that this was asked by staff for you to add this on to go south down there and in back; is that right? McKay: Councilman Bird, Mayor de Weerd. Initially we had thought that when we tied in to Linder Road at the 12 inch, that would be satisfactory and, then, Kyle did the water modeling and said, well, I would like to have another loop into your phase, so I'd like you to extend a 12 inch and so our question to him was do we need the 12 inch and he said, no, really you only need an eight. So, we are not -- so we did need an eight inch to go further south and loop back into one of our phases in order to meet fire flow requirements. But we did not need a 12. Now, staff -- I believe staff's interpretation is, well, because Linder Road is an arterial roadway, you are obligated to take the 12 inch to your furthest boundary. So, you know, that's kind of -- I guess kind of where -- how we kind of got crossways. This project just has a lot of 12 inch water in it where we had that Kodiak collector there that runs that half mile and so we thought we were good. Staff did -- came back and asked for more. So, we -- that's why we came with the reimbursement request. Bird: Follow up, Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, then, what you're telling me is what you're asking to be reimbursed for is the difference between eight and 12 inch? Meridian City Council February 28, 2017 Page 22 of 49 McKay: Yes, sir. Just in Linder. Bird: Just that. Because to be approved eight inch would have been fine and now that we said you had to go to 12? McKay: We only needed an eight inch, but the staff indicated 12 inch would -- would be the minimum size that they would allow in Linder Road, because of that future extension south. Bird: That's -- okay. McKay: Yes, sir. Bird: We know that our ordinance is -- is kind of gray. But you have been around long enough to know how reimbursements go. McKay: Yes, sir. The city has always been very fair. Bird: They are -- they are a nightmare. McKay: They are tough. Bird: They are a nightmare not only for the city, they are a nightmare for the developers. Because they are hard to track. McKay: Yes, sir. Bird: And -- and we just -- as a city we can't afford to have somebody sitting there full time tracking all our reimbursements and you as a developer can't afford to be tracking. So, we need to work on it and I think the idea that Bruc e come up with is getting a committee together to look that thing over and get this straightened out once and for all would be very good and I appreciate you wanting to be on it. Thank you, Becky. McKay: Thank you, sir. Thank you. De Weerd: I guess does staff have anything to add to this? Freckleton: Okay. Technology. I'm a little slow. Madam Mayor, the -- the water master plan for the City of Meridian does specify that they are 12 inch mains on a half mile grid. So, Linder Road, Overland Road, Stoddard, those are all mile -- the mile grid. It just so happens the Kodiak that she mentioned lines up with the half mile. So, you got to have that half mile that bisects that section. So, the city for -- forever has had code that requires infrastructure to be installed to and through a development. The -- Becky mentioned that they were connecting on to Meridian City Council February 28, 2017 Page 23 of 49 mains that others installed. Well, it's because they built to and through to bring those mains to them. That's -- that's the way that the codes read and when Kyle required that main to be brought up Linder Road, he was -- he was requiring it based upon the master plan, but also because there was deficiencies in the fire flow and getting that second loop from Linder Road into Fall Creek was necessary, so -- is there any other questions that you might have? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bruce, on the page here of our presentation the first bullet says the opportunity to have adjacent properties reimburse was missed. Who missed it? Freckleton: Coleman's request for the reimbursement agreement came in in -- Cavener: August? Bird: August. Freckleton: -- August 11th of '16. The adjacent properties -- properties that would normally be the ones to reimburse, were approved prior to that. So, you can't go backwards on those properties and impose a requirement that they pay Coleman back. Therefore, the opportunity was missed. Cavener: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bruce, that brings up a question that I have got, then. That Colemans was approved with an eight inch main in there; right? Freckleton: Coleman's as approved was a 12 inch main. Bird: Okay. And that was -- it was a 12 inch. Freckleton: It was a 12 inch. Now, if Kyle had made a statement that all that was required to provide the loop and fire flow was an eight inch, then -- I mean that's -- potentially you could do that. However, Linder Road is a section line road and the master plan for a 12 inch main. De Weerd: Any other questions from Council? Thank you for your information. Freckleton: Will have to chew on it. Meridian City Council February 28, 2017 Page 24 of 49 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Has everybody had all their questions answered? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, if Southridge has already been approved, the opportunity is lost. Where would the reimbursement come from? Freckleton: There is no one else that would -- that would reimburse in this case. Milam: Thank you. Freckleton: And it's just because of the timing. Had Southridge not already had their approvals, potentially, if we could get around the other issue that I have mentioned, with regard to the language of the ordinance -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, why would that opportunity to be reimbursed from other parties be relevant if the 12 inch line was required for this project for fire flow in the existing plan anyway? Freckleton: It's just another -- it's just another reason, I guess. Borton: Whether or not someone else could or couldn't -- there is nothing for a third party to reimburse if -- what I’m understanding you're saying. Freckleton: That's correct. Borton: Okay. Freckleton: So, like I said, I think more importantly is the language of the ordinance precludes -- because you're not building anything greater than the -- the master plan calls for. But whether there were -- whether there were properties out there that would have been the ones to pay this back -- it's a little bit irrelevant, because I think the ordinance kind of trumps that. Borton: Okay. Meridian City Council February 28, 2017 Page 25 of 49 De Weerd: Okay. Any further questions for the applicant or staff? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is one I believe that -- that we had better stay to our ordinance or we are setting a precedence. And I will say that I th ink the staff, legal, definitely realizes this, talking with Bill. But we do need to probably get a new ordinance in place. But as it stands right now on 2/28/17, I move that we deny the request for reimbursement for structure enhancements at Fall Creek Subdivision No. 2. De Weerd: Okay. I have a motion. Do I have a second? Milam: Second. De Weerd: I have a second from Mrs. Milam. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A question maybe for Legal or Bruce, if anyone feels the need to chime in. To Mr. Bird's point about looking at our code related to this, if there is going to be a working group that seems like the right solution in light of this issue. My question is is there a scenario which coming out of the group that this group would have a recommendation that would change, essentially, maybe the decision of this Council related to this particular application? Nary: Madam Mayor, Members of the Council, the only way you could do that would be to retro back in time that decision. The purpose -- one thing that hasn't been discussed -- when we wrote this ordinance in 2011 it was to get the city out of the business of doing these because of the cost and the administration of it. So, this ordinance does not contemplate the city doing any reimbursing, it is only on additional property owners. Certainly I can't foresee a likely outcome that's going to go backwards. That doesn't seem like that's where we would land, but I mean I certainly am open to whatever the working group comes up with and, obviously, we would be presenting it back to all of you for your feedback, as well as ultimately approval. So, I -- I couldn't tell you. I would say probably not, but never say never. Cavener: All right. Thank you. Freckleton: Madam Mayor? Meridian City Council February 28, 2017 Page 26 of 49 De Weerd: Yes, Bruce. Freckleton: If I could weigh in on that, too. If that were possible, bullet number one, then, would become more relevant due to the fact that there is nobody to get the reimbursement from. De Weerd: Okay. Any further discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I know that government sometimes creates working groups to pacify those involved in the opposite side of a decision that's often made in the moment, so I would just hope that if we do go that route that we quickly figure out a solution to get it done and get the code changed and fixed, so that now we can figure these out going forward. That because I have been a part of one of those pacifying working groups before. De Weerd: We appreciate the clarification at the end of that statement. I -- I don't see what a working group at this point changes and I think a long-standing desire of development paying its way and because of the to and through it has benefited the -- it's kind of like you pointed out earlier, is they are able to develop because the person before them develop ing to and through. So, I -- if there are key questions that have been raised because of this kind of policy, I think a working group can help vet that out. Otherwise, I would agree with Mr. Palmer. Mark that down again. Is that -- is that we would just be going through the exercise just because and so we would really want to clearly define what are those key points that you would want someone to vet that would make sense in keeping with that policy that the city has long had that development does pay . So, I will leave that up to -- to you and whether a working group moving forward makes sense or not. Anything further from Council? No? Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. Item 9: Department Reports A. Community Development: Pending Ada County Development Application Response Meridian City Council February 28, 2017 Page 27 of 49 De Weerd: Item 9-A under Department Reports is under Community Development. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I don't typically bring these types of department reports to you, but I did want to follow up. We had some discussions last year about development applications in Ada County. We had a meeting in April of 2015 with the Board of County Commissioners over at their house and talked to them about just some of these things, like enclaves, properties that are eligible for annexation, but are developing in the county. Even had some -- talked draft changes to their code on some of those things. So, I thought it was appropriate to just kind of bring that back up to the top of things again. It's not the highest of priorities, but I just wanted to let you know things are kind of just business as usual. Here is another application -- and, again, it's not like we are inundated with these types of requests, but here is another one. There is an application for a conditional use permit, a master site plan application for a contractor's yard. The applicant is also seeking a variance to the setback requirements for contractors yards, which require a minimum of a hundred foot setback and landscaping requirements. The applicant is proposing the hours of operation be 7:00 a.m. to 6:00 p.m., Monday through Friday, and they are proposing a ten foot gravel -- ten gravel parking spaces on 5.1 acres for A to Z Sprinkler and Landscape. So, the exhibit that you have in front of you is -- is just a vicinity map with the subject property highlighted. Again, it is contiguous to city limits and, therefore, eligible for annexation. It is designated low density residential on our future land use map. A contractor's yard is not allowed in any city zone. So, if this were coming into the city in an R zone it would be outright prohibited. You couldn't even ask for it. We don't allow contractor's yards. I will point out that in the application of the county the applicant did get consent letter s slash support letters, however you want to state that, from three of the -- I think there is six or seven properties that abut them. The three property owners basically on the south. Which would be the ones mainly affected, if you can -- you can see their site plan here. So, this is really where they are operating their contractor's yard for the -- for the sprinkler and landscape company and so, again, most of the neighbors that are closest in vicinity to that operation have submitted that they don't really have a problem with the application. But I bring it up again just to say should I -- should we make comment? Typically Bruce and myself and sometimes we involve the city engineer in our comments back to the county. Usually we just handle it with a condition or two or it's consistent or not. Here is one where it isn't, but it's marginal. Again, the wall gets taller of extending, you know, the -- potentially expansion of city limits. If everybody gets to do what they want to do in the county, how are city limits ever going to progress further to the south? We are going to be stuck here forever and there are development pressures down here from these larger parcels that are interested in developing. Again, if you can operate a business and live out of your home here, why would you ever want to annex in the City of Meridian. So, again, I just bring it up to say -- you don't have a problem. I'm not saying this is necessarily really even -- again, the neighbors -- at least the few that are on the Meridian City Council February 28, 2017 Page 28 of 49 record to the county, don't seem to have a problem with it. But -- but it is a commercial use in what we are looking at a residential area in the future. That wouldn't be consistent with our zoning. It's in our area of impact. I don't want to stir up the pot too much, but I'm tempted to make some comments like that. Should we encourage them to submit an application to the City of Meridian and you could propose this very thing in the City of Meridian with an annexation and zoning. I will put a caveat in there, because usually what we -- we talk about that annexation is a three legged stool. Annexation comes with sewer and water. Sewer and water is a little bit difficult here. You do have sewer available in Ten Mile, but you're about a third of a mile to run that sewer to actually get to them. Water isn't planned -- the nearest water line is up here on Overland and in Public Works CIP the water is planned to go in Ten Mile in 2019. So, again, there is no real pros and cons here either way; right? It doesn't -- it kind of makes sense, it kind of doesn't, but, again, I just bring it up to you to say, you know, this is the urban interface -- urban rural interface for transition and it's tough. So, again, I'm just looking for some direction. We could certainly stay silent on it, just let the county's process kind of play out. But, again, I wanted to at least daylight it with you all and say, hey, there is an application and this is what's being proposed and see if -- what your direction is on any comments. So, with that, Madam Mayor, I would stand for any questions or comments. Direction. De Weerd: Caleb, I guess I would just point out is when we were doing some of the discussions in this area of our community, there were some people in this particular subdivision that came and talked about future subdividing and so at some point we would imagine that there would be urbanization of these areas. I guess the overarching concern -- and I can see why you bring this to Council -- is when we last met with Ada County Commission they were concerned with the enclaves in our community, yet we continue to have them tee them up and create future enclaves in -- in these kind of scenarios. This has a lot of gray to it, as you have pointed out, so I'm not sure what's -- what the best solution is, other than maybe when it's -- and what the enforcement can be. You could always say you need to annex when you're surrounded on all sides or two sides, but who enforces that and you really can't when you have -- you don't provide them services as far as utilities go. However, they are benefiting from the city services in other regards. It's kind of that long-standing conversation we have been having. Council, any comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would hope that the neighbors around there take care of a lot of this kick back. They -- De Weerd: You want to -- Meridian City Council February 28, 2017 Page 29 of 49 Bird: They are certainly an active bunch of people out there. I -- while I hate to tell people they can't do something to their own property, I have got my doubts of whether that's a good place for a contractor yard -- contractor's yard, but -- I don't know. I see pros and cons to both of it, but right now I think that -- that I don't see that being in the city, so I guess it's not going to hurt that much, so I guess if -- either just stay quiet or -- my recommendation to just stay quiet, let the -- let the neighbors -- if they don't want it there, let them go battle it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Caleb, can you maybe articulate for me what a typical response from the city is on this type of stuff, these types of requests? Hood: Madam Mayor, Councilman Cavener, it kind of varies on the request. Typically what we see are five acre subdivisions are kind of typical -- more typical and depending on where that's located how far out in our area of impact it's located, sometimes they will ask for a waiver of our dry line sewer requirements and we will write a request back to the county. That's our agreement with the county. They basically say we will require your infrastructure when you tell us to, unless we hear otherwise. So, again, usually I'm working pretty heavily with Public Works to say, hey, is this in the foreseeable future or is this way out there and we really don't know what we even have them put in the ground and, then, again, generally my comments are kind of at a higher level land use wise going residential, are you proposing residential use? No. Well, that's my comment back to you is our comp plan says this should be residential. We don't have any residential zones that would allow the proposal. So, I typically don't go as far as we recommend denial, I just state facts. Hey, this is -- this is designated this. We don't allow this. Cavener: Madam Mayor and Caleb, I think to -- and maybe even to Councilman Bird, and to this Council, I don't think we are -- we are telling someone what they can or can't do with their land, we are being asked to comment to the county. I think it's -- in light of the discussion that we had a little over a year and a half ago with the county I think it's absolutely prudent for us to send a response that includes our concerns about the type of use of this property in an area that doesn't typically fall within our land use designation . Caleb, I agree with you, I wouldn't support recommending a denial, that's not our call to make. I think that's the commissioners call to make. But in light of the conversation that we have had with them I think it's important for them to hear from us on this, specifically because that's something they have asked of us. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council February 28, 2017 Page 30 of 49 Palmer: Madam Mayor and Caleb, where they don't plan on building a slaughterhouse, a meat packing plant, and they are -- what they are looking to do is really undoable, should they plan to go on it otherwise -- if that's a word -- I don't see it being an issue until they are ready to do something that we would have an issue with should it be in the city. A realistic issue. I mean -- Cavener: Have an issue with it. Sorry. Palmer: Well, you're right. You're right. But I mean something of more permanent impact I guess. De Weerd: Caleb, I guess, you know, to be consistent in following our own Comprehensive Plan that is approved by the county, that we are trying to be sensitive to their desire to remove enclaves, that -- that to make comment about concerns of following our Comprehensive Plan that's been approved and the creation of a future enclave is at least worth pointing out and being consistent in our -- in our comments. I think that's a fair approach and, then, as was pointed out, it is -- it is ultimately their decision, but -- but I do think that it's fair in looking at our Comprehensive Plan and the policy that they have asked us to -- to look at. Any other comments from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I take back what I said and completely agree with the way you worded it. De Weerd: Oh, my gosh. This is an awesome day. Red banner day. Bird: Have you been feeding him a lot of chocolate or what? Hood: Madam Mayor, now that there -- it seems like there is maybe consensus of the Council, just to clarify, I'm going to just follow the regular protocol and it will just come from me. I wasn't going to have your name o n it. I just wanted to -- to share and, then, get some direction. So, I'm just going to comment like we typically do and I wasn't going to rise to the level of writing a letter and having you -- asking you all to sign it. So, I just want to make that clear. You probably won't hear anything else about this for -- hopefully ever. De Weerd: I think it's fair that you weigh in on behalf of the city. Hood: Thank you. B. Community Development: 2017 Transportation Priorities Meridian City Council February 28, 2017 Page 31 of 49 De Weerd: Okay. Item 9-B is also Caleb's under our 2017 transportation priorities. Hood: So, Madam Mayor, Members of the Council, last week I handed out the draft priorities for 2017 as recommended by the Meridian Transportation Commission. The only real conversation we had last week was Councilman Borton asked for, you know, significant movers and shakers on those lists. I did go through and mark those, so if you haven't had -- done that in the past week, again, there wasn't wholesale changes. There were, you know -- I think I counted four projects that went up or down more than five or more spots. I did just want to highlight that we had -- and I can't remember if I did this last week. New to this year is propriety number 31 on the roadways and intersections list. That's Victory Road, Meridian to Locust Grove, and I don't remember if I highlighted that for you last time, but that one is new. And, then, I also -- I know I didn't highlight for you -- there were five that come off the list, because they are either in construction right now or got done this last year. So, that's good. Five of our -- our top projects and they were last year's priority projects one, four, seven, 16 and 25. So, in our top 25 they did five of our top 25 projects this last year. So, that's -- that's pretty good. So, all projects, basically, moved up on the list just de facto, because those projects came out, so -- and, then, community programs, projects, kind of really the same -- really the only -- well, two changes. One was the second straight -- I think I mentioned that to you. West 2nd Street dropped 11 spots. That's by the food bank there. ACHD is not interested in that at this point in time. And, then, there is one new project that debuts at number 20 and that's East 2 1/2 Street, Carlton to Fairview, and that's been a real topic of conversation through MDC and some of their various sub committees. They are basically between Fairview and the school there on Carlton. So, other than that, again, the list -- what, we have got a week or so to really get into that and look at the recommendation and there is also a cover letter, so if there is any changes there -- we did highlight a couple projects to thank them for -- for their effort and their time in considering our request largely is what that letter says. So, unless there is any questions, comments as to the list, I'm prepared to -- this one I do have all your -- the signature line does include all your names, so I would need to route that back -- I'm sorry. That's the next letter that has all of your names. This one just has the Mayor's name on it. But I would ask for a motion when you're ready that approves those priorities and the Mayor to sign. De Weerd: Thank you, Caleb. I think it's -- it's noteworthy to -- to thank the transportation commission for -- for vetting this. Certainly appreciate all the work you have put into it. One thing I would ask to add to the letter is maybe more of an editorial remark -- we accommodate the Treasure Valley's transportation impact and, you know, sometimes when you look at these maps you get a little overwhelmed with the number of black and red dots and squares and the enormity of the requests because of the transportation impact of our community and just to note that, you know, we do -- we do entertain and accommodate the travel through transportation of all the communities that are growing in and Meridian City Council February 28, 2017 Page 32 of 49 around us and I certainly know that Ada County Highway District understands the cumulative impact that we have from the growth all a round us and our own, but these -- these are needs not just because of -- of our own growth. Council, any questions? Milam: Madam Mayor? De Weerd: Yes, Ms. Milam. Milam: Caleb, I apologize I didn't get this to you sooner. It was kind of just a thought recently, because I have been looking over dashboards and stuff and I know that Fairview to Locust Grove is already high on the priority list, maybe even could be a little higher, if that's -- it's kind of consistently the -- one of the highest accident intersections in the city. I will just shut up now. Hood: So, Madam Mayor, I'm fine with that, as long as the rest of the Council -- just give me a number. Tell me where you want to move it. It's number four r ight now. So, it's pretty high. If you want it to be number one -- I mean just tell me where you want it. If you want to move it somewhere is really the request that I would make, because -- don't leave it up to me to guess where you want it to be, so -- Milam: I would say one or two. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a comment. I have wrestled with kind of the -- the power rankings of streets and intersections and moving things up and moving things down and ultimately I continually default back to the recommendations from the transportation commission. Personally I think number four for that intersection is appropriate. It's already in our top five. While it is a very highly used intersection, I also believe that it is one of many high used intersections that are in our community and there are intersections and roads that are just as heavily used that are lower. For what it's worth, I would support the recommendations as presented by the transportation commission. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Anymore discussion? If not, I will make a motion that we take the recommendation brought forward by Caleb and the transportation department -- or the commission and send a letter to ACHD affirming that. Meridian City Council February 28, 2017 Page 33 of 49 Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. C. Community Development: US 20/26 Corridor Study Environmental Assessment Overview De Weerd: Item 9-C is under Community Development for discussion on the 20/26 corridor. Hood: One more, Madam Mayor. Members of the Council, Madam Mayor, I just wanted to give you a heads up -- and you have probably all seen some of the press releases and the word is out there at this point, but I wanted to give an opportunity just to kind of daylight it with you a little bit more. ITD, federal highway, does have out on the street right now the draft environmental assessment for the US 20/26 corridor, which goes from Caldwell to Eagle Road. I-84 in Caldwell to Eagle Road, State Highway 55. I didn't print out the whole EA. It's like -- I didn't count the pages, but it's -- it's big. Several volumes. And, you know, the purpose of this really is -- is to look at social, environmental impacts a project of this magnitude may have. I will be honest, again, with it being seven, eight hundred pages I have not read the whole thing, but I have read the summary, I have gone through it, I have read the -- the titles of most of the sections at least. I mean it is things like, you know, critical are as, noise impacts, those types of things. So, from my standpoint -- and, again, that's pretty -- not very in-depth analysis as far as environmental impacts go. I would support recommending supporting the environmental assessment, so that this project can move forward and start to receive funding for construction. I have -- similar to the last item -- and this is the one, again, I got confused. This -- I have drafted a letter that should be in your packet that basically supports ITD and the environmental assessment, the corridor study, mainly because we want to see some things happen on Chinden, not because we necessarily love the EA, but just because we -- that's a hoop we have to jump through to get the funds to build -- to widen the corridor. So, I do have some of that -- if you haven't had a chance to look at it, I did print out some of the -- the cut sheets, though, that show some of the details. If you didn't know, there is a phasing plan. Initially ITD plans to widen it to four lanes and, then, eventually, to six and intersections are kind of sprinkled in there intermittently in that -- in that phasing plan. There still is a CFI. CFIs are still part of this plan. There has been -- there have been some Meridian City Council February 28, 2017 Page 34 of 49 modifications to them, but they still are CFIs. I have at least seen one correspondence back from one of the adjacent businesses at Chinden and Linder that still isn't supportive of the CFI design. There are definitely impacts, both with right-of-way and access. Historically -- and this goes back before some of you were on the -- on the Council, but it has been a discussion of the Council and to this point we have stayed silent, really, on the design and, again, really just supported environmental clearance, getting through the process, although we have been at the table and part of the design discussions. But we haven't come across the same -- we don't like this intersection or we do like to this intersection. Sort of stayed silent on that. So, again, I just wanted to kind of let you know that there have been some changes in the past nine months or so on this topic. There is a public hearing as well at the Ambrose School coming up. I lost my note of when that is. It's in my memo. Coming up here in -- I think it's next Wednesday -- De Weerd: Wednesday. Hood: -- I believe. In the afternoon. De Weerd: It's March 7th. Hood: March 7th. So, a week. Yeah. Tuesday. So, I do plan on attending that. I can either hand off a letter, if you're so inclined to sign the letter or some version thereof that you have in the packet. If you wanted to show up you're certainly welcome, as is the public. There is another -- they have another public hearing slash open house in Caldwell, but I didn't put that one in your packet. I figured you would go to the Meridian one if you're interested. They actually do have two kind of either end of the corridor. So, with that pretty high level -- again, I do have some of the -- the purpose and kind of summary pages if you're interested in that and some cut sheets if you're interested in that I can -- I can pass them around. But with that I would stand for any questions and, again, ask for your -- if you don't want to send the letter, that's fine. I drafted one, though, thinking maybe you would want to chime in on the EA. So, with that, Madam Mayor, I would stand for any questions or comments. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, I think the letter sounds perfectly good to me. It's very clear in what we support and stuff, so I don't see any reason why we can't formally sign that and send it and this -- is there any chance that this could be moved up from four years, the studies and everything that has to be done? And the financing. De Weerd: Well, the financing or the -- the first improvement is scheduled for 2021 and that's the widening from Eagle to Locust Grove. Meridian City Council February 28, 2017 Page 35 of 49 Bird: Yeah. That's -- De Weerd: That's it. I certainly -- you know, I think that the letter and generally supporting of the corridor study -- I do believe that we need to -- to stress that -- that we would like to see improvements moved up and that while we are generally supportive, there are some concerns with the continuous flow intersections and who knows if they will ever be built, but I guess to ask that those at the time be -- be considered for what -- we all know that technology and improvements in moving traffic are happening annually and we hope that there is a better solution than -- than -- I guess we can't really say that, but, that those, again, are considered in their design before moving into those phases of improvements. But certainly we would love to see the widening from Eagle Road to McDermott and those first couple of phases moved up in the timeline . Hood: Madam Mayor. I can add those comments. I think I have got something that I can certainly add about the phasing or the triggering of those CFIs that maybe there is an innovative design that some of the engineers in the near future that can maybe be implemented there. I did leave it kind of more heavy towards -- again this is more -- the letter is drafted to Adam Rush and is really geared towards FHWA, not so much the ITD board, and that -- it's really, again, jumping through the environmental clearance hoop, so I didn't pound the drum so much about it. But I can -- again, I can add those comments, but -- and we did copy the board. I don't know if you caught that at the end of the letter. They are carbon copied. I do plan on sending it the ITD board. But, really, the audience is more environmental impacts, not so much the finding additional funding or moving things up. But I can add a little bit more of that in there. I think -- I think that's appropriate, too, so -- I just didn't go heavy with this letter this time, because of -- they are asking for comments on the environment assessment, so - - Bird: Madam Mayor? De Weerd: I know it's a balance, but where we have an opportunity to at least weigh in and it's -- you have done a nice job in talking about how critical it is, but the timeliness is -- is equally critical. Mr. Bird. Bird: You say the open house is the 7th and that's when you would like to present the letter? Which is next Tuesday. Hood: Mr. Bird -- Madam Mayor, Councilman Bird. I can do it -- I don't know -- if I make these changes that's probably not real feasible to route it to everybody by then unless there is an electronic signature that maybe the clerk has, but it's not critical, we do have some time on that. I just need to g et it to them while the public comment period is open, but it doesn't have to be next week, no. Meridian City Council February 28, 2017 Page 36 of 49 Bird: If you -- if you feel comfortable with adding the remarks, I think it would be great, but I would have no problem sending this letter either. I think it covers a certain part that -- you know, we all wish that they could start right now and go all the way to Caldwell, but we know that's not going to happen. De Weerd: You never know. Dream big. We might get some transportation infrastructure improvements and funding. Bird: At least we got somebody in the White House that's looking at it. De Weerd: Okay. Any other comments, questions? Is Council interested in adding the -- the additions to the letter or are you good as is? Borton: Madam Mayor, I'm fine as is. De Weerd: Okay. Bird: Fine as is. Little Roberts: Madam Mayor, I think we should take every opportunity we can. So, maybe not strong arm them, but up a little bit to let them know our thoughts on moving things up. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I just have a question about one sentence on paragraph three. Improving US 20/26 corridor will spur development of unutilized lands and provide public-private partnership opportunities. Is this speaking strictly of the public-private partnership of building a road or -- De Weerd: Yes. Palmer: -- hinting at creating opportunities for URDs as the Ten Mile interchange did? Hood: Madam Mayor, Councilman Palmer, no, not -- not the latter. At least that wasn't the intent of that sentence. It really is to really spur more development on some of the parcels that have yet to urbanize and other potential partnerships to make improvements maybe ahead of 2025 or 2030, as long as the environmental clearance gets done. Again, someone else could come in and make some of those improvements potentially. Again, who knows what type of private-public partnerships may evolve from this, but the intent wasn't to plant a seed about Meridian City Council February 28, 2017 Page 37 of 49 establishing another, you know, URA or -- a funding mechanism wasn't really -- the point was more, hey, everybody would benefit from this project. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would say if the -- I'm okay with it the way that it is, but if the timing doesn't matter, we have plenty of time, then, I think adding the additions -- De Weerd: Let's seize the opportunity. If you can put it in there politically correct -- nice. And if Council would like to see it we can -- we can bring it back on Tuesday for -- for their signature. Everyone good with that? Bird: I'm good. Borton: Sounds good. De Weerd: Okay. Hood: Thank you. De Weerd: Thank you. Bird: Thanks, Caleb. D. Finance: Discussion and Approval of Award of Bid #PKS-1720-10736 and approval to purchase one (1) Wide Area Mower from RMT Equipment and authorize the Purchasing Manager to sign Purchase Order #17-0213 for the Not-to-Exceed amount $67,880.00 De Weerd: Okay. Item 9-D is under our Finance Department and I will turn this over to Keith Watts. Watts: Thanks, Madam Mayor, Council Members. The reason I'm bringing this award before you, rather than placing it on the Consent Agenda is that we only received one bid for this item and in the past I have been asked to make a presentation when we only received one bid and I will have a little discussion with that when I'm through. This is for a Parks wide area mower. We did advertise this bid in the newspaper, posted it on our website, and prior to going out to bid we verified that there were 12 different dealerships that could supply this within the northwest and California and Nevada as well. So, it wasn't a sole-source estimate and when we opened the bids we met with the Parks Department and discussed the pricing. They believe it was a fair price. It was well within their budget and under their estimate when they put this proposal together to request Meridian City Council February 28, 2017 Page 38 of 49 a bid. With that it was -- RMT Equipment was our sole bidder at 67,080 dollars. Like I said, well within the budget and under their estimate. And with that I would stand for any questions. De Weerd: Is it possible to add on a snow plow? Watts: I think Lowe's has gone of those. De Weerd: Snow blower. Bird: So we can use it very 30 years. De Weerd: Any questions from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, Keith, we have bought these before. Watts: We have bought different types of mowers. This is a brand new mower for 2017, actually. Milam: Okay. So, we don't really have a real good comparison. Watts: Correct. We have similar mowers. This is a new model. Bird: I believe this -- though we have bought Jacobsons before. Watts: Correct. Yes, we have. Bird: They are the finest made I think. De Weerd: And it did fall within the estimate or below. Any other questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we approve the award of the bid for 1720 -10736 and approve the purchase of the wide mower, not to exceed 67,800, excuse me, 80 dollars. Bird: Second. Meridian City Council February 28, 2017 Page 39 of 49 De Weerd: I have a motion and a second to approve Ite m 9-D. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Keith. Watts: Thank you, Madam Mayor. I would like to ask -- just request -- would you like me to continue to make these reports when we have a soul source or are you fine with us just making the award either way. We usually run everything through Legal before we come and talk to you as well. De Weerd: Oh, we love to see you. And it always helps I think to put context and find out what all you do and you don't bug us at all. Maybe. Kind of. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: I was just going to correct -- the sole sources have to go back to you. I think this was -- this is a policy -- De Weerd: I know. This is not a sole source. Nary: Right. He said sole source. I just wanted to make sure it was on the record that he was talking sole bidders. De Weerd: I -- and that's how I heard it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think it's very good that we bring something like this back when you only have one. In fact, I -- some of these bids that we are getting on some of this other stuff, the amount of money I don't think it would hurt to do like we used to do in the old days. That was a single item on the deal and you listed who the bidders was and the bids and stuff, so the public knows that -- what kind of bidding is going out there, but, no, Keith, I think it's great to -- when we got something like this that you have to come out and talk about it publicly. Meridian City Council February 28, 2017 Page 40 of 49 Watts: Great. We will continue that. Thank you. E. Fire Department: Amendment of Ada County-City Emergency Medical Services System (ACCESS) Joint Powers Agreement to incorporate terms of parties’ shared use of ESO reporting software for report writing and records storage and management F. Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County Establishing the Ada County-City EMS System (“ACCESS”) De Weerd: Thank you. Okay. Item 9 -E. Chief Niemeyer went home ill and so passing the report off to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. What you have in front of you that's actually listed as Item F, is an addendum to the joint powers agreement that we have in Ada County under the EMS system. What this is is when we went to this EMS joint powers agreement with the other agencies in Ada County, one of the things that evolved from that was having a single medical director, single license, for all EMS services. So, that way there was consistency across the board. It also, then, evolved into the EMS records that are maintained and they would be disseminated when there are public records requests. Because of HIPAA and other legal requirement we have to, again, consistently apply that and we don't want it applied five different ways in Ada County. So, we have been, under the cooperation of all the agencies, been funneling the requests through the Ada County paramedics EMS system for all of these requests. So, they manage those -- that record and that information in those public records requests. So, what this does is clean that up in the agreement to add that as part of the agreement. Rather than just an internal agreement between the agencies, now it will be part of the agreement itself. It has been working. I -- I think I saw from Mrs. Kane, who worked on it, for our -- for our portion of the agreement -- been doing this I think since November. They don't get a lot of these. Obviously, most of these are relat ed -- individuals are the ones that are asking for it in relation to medical needs. Some of these have very limited release capabilities because of HIPAA and other requirements. But she worked with the other agencies in getting the -- the language that was satisfactory to all the parties, with all the other attorneys and all the other chiefs. So, at this point we are asking for your approval of this addendum, so that, again, we can now -- we can, essentially, memorialize the process in regards to the EMS recordkeeping and sharing of the information on the records side with the other agencies, so that, again, they can be funneled through the Ada County EMS system for any kind of public records request. We always notify the requester, because they don't really come to us on our calls or our reports and, then, we notify them they have been -- they are available through the Ada County Meridian City Council February 28, 2017 Page 41 of 49 EMS system. We provide it to them. Again, everybody has the same standards in releasing that, but all the records retention policies have been aligned to be the same for all the agencies. So, this I think is a good part of what the EMS agreement was supposed to do and so we just asked for your approval. If you have any questions more than that I don't know. That's the best I got. De Weerd: We will ask Chief Parry over there. Council, any questions? Bird: I have none. Cavener: Madam Mayor, if there is no questions -- De Weerd: Mr. Cavener. Cavener: I move that we approve the amended joint powers agreement. Milam: Second. De Weerd: I have a motion and a second to approve Item 9 -F. Parry, do you have any comment? I had to give you at least an opportunity. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Clerk’s Office: Proposed Updates to Clerk’s Office Fee Schedule De Weerd: 9-G is under our Clerk's office. Coles: Madam Mayor, Members of the Council, what you have before you on the screen is the entirety of the Clerk's office fee schedule. I just have it up there for reference so you can see our entire fee schedule. I'm not asking for approval or direction on all of these items, I just wanted to have that up there for your reference. The highlighted items in gray are what I'm here to speak with you about today. The first three are our pawn broker license and precious metal dealer license. So, currently we have that fee. It's set at $72.50. So, that includes a $41.50 of an Idaho State Police background check that's required for these licenses. What I'm looking to do -- or what we are looking to do is actually drop that fee by one dollar, because it actually costs us, staff, 30 dollars and not 31 dollars to perform our work. So, we are looking to drop that to 71.50, instead of 72.50. It's not required that we hold a public hearing on dropping a fee, only Meridian City Council February 28, 2017 Page 42 of 49 when we increase fees by a certain amount or add new fees, but I am looking for your feedback and I'd like to see if that would be appropriate to drop that fee down by one dollar. What we are required to hold a public hearing on are the attorney labor fees that you can see we are proposing to increase. The other labor, which is in the Clerk's office, which we are looking to increase. The last item, the Dairy Days Art Show vendor fee, we currently don't have one of those, so we are looking to have a 20 dollar art fee added to our fee schedule. So, those three items we do need to hold a public hearing on . The other item we don't need to hold a public hearing on is the -- is the thumb drives, which we are actually looking to remove that fee all together. Nobody has asked us to provide public records on thumb drives. We don't have thumb drives currently in our office to provide anyone. If they ask us for a thumb drive we don't have that currently. So, we would have to stock up on that and, then, hope thumbs drives that maybe the gigabyte amount goes obsolete next year and, then, we can't even put the amount of public records on a thumb drive . So, we are looking to remove that fee. If someone came and asked us for a thumb drive we could probably scrounge one up around somewhere in the city, but mainly we e-mail public records requests. If they are too large to e-mail, the files are too large, we use Dropbox currently. We are looking to move away from that, actually, and in conjunction with IT we are developing a software -- an application software, application for public records requests that we will actually put those requests on our website. The requester will create an account and, then, they can access those requests, similar to Dropbox, but it's all kept internally in house and that's a quick explanation there. But, again, going back to the attorney fees, clerk fees, and the Dairy Art Show fees. So, Mr. Nary might be able to explain the statute a little bit better than I can, but the reason you see that increase from $29.56 an hour in attorney fees -- our proposal going up to 60 dollars an hour, is three, four years ago back in 2013, the last time our schedule was evaluated and approved, that fee was based on a part-time attorney doing the work. That part-time attorney is now a full-time attorney. So, the statue requires that we use -- when establishing fees for work use the -- the lowest cost employee that's qualified to do the work. As a part-time employee that attorney didn't have full benefits. So, we have to use the fully loaded cost of the employees. So, the fully-loaded cost here now as a full-time employee is representative at 60 dollars an hour. The same is true -- or similar is true for the Clerk's office work at the 24 versus 30 over the course of the last four years. Our staff -- just every year through performance evaluations, their hourly rate has -- has increased. So, you can see the six dollar change there is just based on hourly rate wage increase over the course of three to four years. And in the Dairy Days Art Show fee, you had a wonderful presentation tonight from the Arts Commission. At last year's Dairy Days, the first year of the art show, they -- they had vendors -- art vendors, but there were no tents, there were no canopies to provide for the artists. So, this fee, the 20 dollar fee, is to help offset tents and canopies that the Arts Commission would like to rent for the -- the artists to have their booths setup, essentially, and the Dairy Board cannot supplement that cost. Last year they reimbursed -- or provided all costs, which was art supplies for kids that were Meridian City Council February 28, 2017 Page 43 of 49 doing artwork, but there were no tents. So, the artists -- some of them were a little upset that there weren't tents and booths for them to set up at. This year's Arts Commission would like to provide that. This doesn't even cover half the cost of renting a single tent and I know next week the commission is going to be meeting with the Art Foundation to talk about -- the Meridian Art Foundation to talk about sponsoring the art show to offset the rest of that rental cost. But that's what this 20 dollar fee represents, would be to help with the rental for canopies for the art show. So, with that I will stand for any questions. I'm looking for approval to move forward to publish a public hearing notice, which we have to do for two straight weeks, and, then, to have and hold a public hearing for those three items. The -- the fees for attorney labor, public records requests, a non- attorney label -- labor public records request and to add a Dairy Days Art Show fee. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, to provide additional context maybe to the public records requests. In the time we have had this schedule in place we have charged it once. So, it doesn't come up very often. It -- there are very strict limitations in the code as to when you can even charge it and , then, how much you can charge. For example, for -- prior to this becoming enacted, if you took, for example, two hours to review a public records request by an attorney, you could charge the entire two hours. A few years ago the legislature changed it and it had to exceed two hours and, then, you could only charge what was in excess of two hours. So, if it takes two hours and one minute, five years ago you could charge two hours and one minute. Today you can charge one minute. So, it doesn't get charged very often, because the amounts normally don't require that great deal of review and that's the most -- the amounts are so minimal under our policy we don't charge hardly anybody. But, again, I think it was just one and C.Jay was absolutely correct, the statute says you have to use the rate of the lowest paid person who is qualified to perform the job . We always take the rate, plus their benefits, and so that's what those numbers come from. But, again, I did want to provide you some context that this is not something we charge routinely, in fact, we have had it once. Coles: And for that point for the last two years we have only provided five estimates for work. One was paid and we receive over 200 requests each year and we have only done five combined for the last two years, providing estimates. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 28, 2017 Page 44 of 49 Bird: While we haven't had to charge or anything, I question your -- your costs on your labor for your attorney and also for your hourly people. I realized -- I guess it's by law that we have to use the lowest paid, but it isn't always the lowest paid that does the work. Coles: Yes. De Weerd: The lowest qualified -- Bird: I mean you're able to do that, but -- Nary: Yes. Bird: -- but in the Clerk's office sometimes they are not. I don't know. I just -- it's awful cheap labor for an attorney. Nary: Sad state of affairs, Mr. Bird. I agree. Borton: Madam Mayor? De Weerd: I wondered who I was sitting next to. Mr. Borton. Borton: I'm not going to comment on that. I do think, C.Jay, you have laid this out with the right background and the right information to at the very least bring it forward for the public hearing. We may or may not get comment on these issues that are raised, but I would support bringing forward this proposed updated fee schedule for the appropriate public hearing. I don't know if you need a motion to that effect, but if you do I would so move. Bird: And I would second. De Weerd: I don't think we do, but -- Borton: You're getting one. De Weerd: -- I think it's great that we keep the enthusiasm. All those in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Coles: Great. Thank you. Item 10: Future Meeting Topics Meridian City Council February 28, 2017 Page 45 of 49 De Weerd: There you go. You had a bonus. Okay. Council, under -- any topics under our future meetings? I did have a couple of upcoming events. Pipes and Drums Chili Cook-Off is Saturday. Bird: Go ahead -- Cavener: She's no. No. No. No. I want to hear the events. The chili cook-off is important. De Weerd: Hello. You know, I think I am chairing this meeting. Bird: I know. De Weerd: Geez. Okay. Saturday from 11:00 to 3:00 in the dairy barn s. Meridian Miles kickoff is on March 6th at 6:00 p.m. It's here at Meridian City Hall. It's the beginning of a weekly fun run, fun walk and I know a couple of our Council Members actually are running. I have seen Facebook posts for Mr. Cavener and Mr. Borton. I'm sure there are more of you that would love to get out and run around in our downtown as part of our healthy Meridian initiative. Fleet Feet is coming and coordinating this activity and just bringing another event and activity to our downtown. They have a very successful group right now in Kleiner Park. They start off in -- in The Village and I think at times they have up to 150 people participating. So, we would love to see you come out and kick that off. I think Mrs. Little Roberts is going to be there for the inaugural event and kicking them off. Little Roberts: And walk, probably not run. De Weerd: And walking. That's -- that's awesome. As Caleb mentioned, the ITD 20/26 corridor study open house is on March 7th at 4:00 p.m. at Ambrose School. And, lastly, wanted to bring to your attention a couple of tours of Allumbaugh House for some of our -- our newer Council Members or those that have not taken his tour there are two different dates. On Thursday, March 2nd, from 9:30 to 10:30 or -- that's a Thursday. Or Tuesday, March 7th, from 10:00 to 11:00. So, I have pronounced with the invitation for your information. Mr. Cavener. Cavener: Madam Mayor. Thank you. And if I may, I just would like to reiterate how impressed I have been with these commission reports that we have seen over the past two weeks. You have got the right people in the right place and it's been really enjoyable to see the progress that all those commissions are doing and as I mentioned last week I felt sometimes some of our commissions were a little stagnant and just existing and it's really great to see all of the things that they are out doing. Meridian City Council February 28, 2017 Page 46 of 49 De Weerd: Thank you. Cavener: The second -- Madam Mayor, if I may. I know that we have been receiving meeting request times for -- to meet with our different department liaison roles to talk budget. I was just hoping over the next month or two if we could schedule some time as a Council to see if there is an opportunity for us to discuss some budgetary items that maybe don't fall into a particular department. Give the Council an opportunity to discuss some of the merits, so that they can be involved in the budgetary process as well. De Weerd: Okay. I'm not sure I understand what the request is. Do you want an agenda item on a future City Council meeting or -- Cavener: That would be ideal, Madam Mayor. Perhaps as a workshop. On one of our workshop meetings. Bird: A workshop would be I think -- De Weerd: Okay. Under upcoming budget items. Cavener: I think that's great. De Weerd: Okay. Cavener: Be a nondepartment budget item discussion. And I think -- Madam Mayor. Occasionally we see in the budget different requests that maybe don't necessarily fall to a -- a particular department. This would be a good opportunity if Council members have some ideas, if there is some ideas that the Mayor's office -- it might be a good opportunity for us to all discuss them together. De Weerd: Okay. I will let Mr. Lavoie know and we can set that out -- I believe that our March agenda for the workshop is very full, but we will set it out for April. Cavener: That's great. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: For you councilmen that have not had an chance to go through Allumbaugh House, please, go through and look at that, because it is -- it is so important to make sure that we continue to support that. It does such great things for our community. So, if you get a chance, please, go over there and go through it. I think you will -- I think you will really have your eyes open. Meridian City Council February 28, 2017 Page 47 of 49 Palmer: Madam Mayor? De Weerd: Very much so. Mr. Palmer. Palmer: I'm sure it will be brought up again when MYAC comes to do their presentation to us, but I just wanted to mention a few of us were able to go to their Ignite Youth event last night and I just can't say how impressed -- I mean they were the cream of the crop. You walk in there and they are all just playing around together and they look like a normal large group of teenagers, but, then, they come together and put -- and start MC'ing the event and doing their presentations and I just was stunned, as I am every time I see anything that they do. I was just incredibly impressed by the youth that we have here and especially those participating in that organization. So, thank you for continuing the support. De Weerd: Thank you. We will certainly pass that along and would look forward to you noting that when they come to do their report. So, thank you. Holman: Madam Mayor? Over here. De Weerd: Oh. Jaycee. Holman: Did you want to update the Council on the timing of that summary report of the changes to the strategic plan? De Weerd: Yes. We were working on the changes on the strategic plan with a kind of red out with the delaying it one week, because we wanted a full Council. We are asking that we bring you the red line next Friday. It will give you a week and a half to look at it before we set it out on the agenda . Any issues with that? Community Development has like 21 items and they are a little stressed that they don't -- they have also full-time jobs, so -- thank you. Item 11: Executive Session per Idaho State Code 74-206(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 De Weerd: Okay. Item 11 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council February 28, 2017 Page 48 of 49 Bird: I move we go into Executive Session as per Idaho State Code 74-206(a). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:07 p.m to 9:04 p.m.) De Weerd: I would entertain a motion to come out. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Borton: Second. De Weerd: All those in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) �r x..17 MAYOR TAMMY de WEERD DATE APPROVED ATTEST. Meridian City Council February 28, 2017 Page 49 of 49 (i, � co 1,4 w C. JA OLE CITY CLERK s�A `�l'O,N°