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HomeMy WebLinkAbout2017-11-08Meridian City Council November 8, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Wednesday, November 8, 2017, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam, Luke Cavener and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Sonya Allen, Kyle Radek, Brian Caldwell, Joe Bongiorno, 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 will go ahead and call this meeting to order. Thank you all for joining us this evening. We always appreciate it when we have our students join us. For the record it is Wednesday, November 8th. It's 6:00 p.m. We will sta rt will roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Daryl Taylor with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection . Thank you for joining us. If you will just pull that mic toward you. Yes. Taylor: Heavenly Father, thank you for this great nation we live in and the many, many blessings you have given us throughout the years. But as the news media continues to remind us, we are in need of a great moral and spiritual overhaul to help our nation meet the many heartaches that we are facing today, Lord. We pray today for our leaders in our nation's capital, but also here in Meridian. Praying for wisdom and courage in making the right decisions that impact Meridian, as well as this great country Meridian City Council November 8, 2017 Page 2 of 28 of ours. Father, give us light and truth to guide us as we humbly seek your will in our lives and it's in your son's precious name we pray, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda 6-B the resolution number is 17-2046 and Item 9-E has been asked to be continued, which we will handle when it comes to it and the ordinance for 9-E is 17 -- or the resolution is 17-2047. 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 stated. Mr. Bird, can we put on there a proclamation under Community Items/Presentations -- Bird: Sure. De Weerd: -- as under 8 -- before 8-A. Bird: Okay. 8-A-1. De Weerd: I do have a proclamation to read and I don't see it on here . Bird: I didn't -- I didn't see it either, Madam -- De Weerd: Okay. Coles: Madam Mayor? De Weerd: Yes. Coles: As a -- as a matter of procedure here, it is listed on the agenda on the back table. However, the agenda in front of you with the added notes for your information does not have the proclamation listed. De Weerd: And you listed it as 10-B. Okay. If we can do it before the Mayor's Youth Advisory Council. Okay. Bird: Maker agrees. Meridian City Council November 8, 2017 Page 3 of 28 De Weerd: The second -- Bird: Second agree? Borton: Yes. De Weerd: Okay. Bird: Okay. De Weerd: Okay. We have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Mr. Clerk. Coles: Thank you, Madam Mayor. We did have a few sign-ups this evening. We had three individuals sign up wishing to speak about the Bear Creek Park Fire Station No. 6. The first on that list is Kimberly Hecht. De Weerd: Okay. Mr. Clerk, can you maybe flip that around. Hecht: I can hold it. De Weerd: Thank you. And welcome. If you will, please, state your name and address for the record. Hecht: I'm Dr. Kimberly Hecht. My address is 2476 South Bear Claw Way, Meridian, Idaho. 83642. De Weerd: Thank you. Hecht: And I want to thank you all for giving me an opportunity to say a few words this evening. I moved to Meridian about a year ago and I searched all over the Treasure Valley for a house and the real reason why we picked Meridian and specifically south Meridian and the Bear Creek Subdivision was due to the Bear Creek Park. It really impacted our decision. My coworkers that I was moving here for my job all told me move to southeast Boise and I'm like, you know, I really want to move to Meridian. It seems like more of a family friendly town and there is this great subdivision with this great park. I just would like the City Council -- I understand you guys cannot comment on anything at this point, but I would like you guys to consider three things moving forward. The first is I would like the City Council to have public hearings regarding the fire station at Bear Creek Park, Fire Station No. 6. I would like there to be community Meridian City Council November 8, 2017 Page 4 of 28 meetings included with that, so that you can hear the public opinion of myself and other people that this directly affects. Two. During those meetings I would like the City Council to address how this Bear Creek Park fire station is consistent with the deed to the land that was given to you by the subdivision , stating that this would be used as a public park. To me a fire station is not a public park. I don't think they are going to allow the community of Bear Creek to come into the fire station anytime that they would like to from dawn to dusk as you can in a public park. I would also like to comment on the June City Council meeting minutes that I was reading. It discusses unused land within the park. I would like you all to comment as to what land you feel is unused and specifically speaking to the spring and summer when there are literally hundreds of kids there playing sports in the unused portions of the park where they are setting up soccer nets and all of those things. I'd like you all to hold the meetings that I mentioned above prior to any action taken on the land that 's currently available on Overland and I haven't looked into it enough to know if that's all in your jurisdiction or in the fire district 's jurisdiction, but I would like to -- before any action is taken on that land , such as selling it to a developer, making sure that you held these public meetings so you can hear opinions of how this is going to affect the Bear Creek residents and the residents of south Meridian, as there are not a whole lot of public parks in that area . And that's all that I have for you. I really thank you guys for your time. De Weerd: Thank you very much for being here. Coles: Next on the list was Brian Forney. Again Fire Station No. 6 was the topic. De Weerd: Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Forney: Thank you. My name is Brian Forney. I live at 645 West Kodiak Drive, Meridian, Idaho. 83642. De Weerd: Thank you, Brian. Forney: And thank you for providing me some time to speak. Most of what I wanted to say was just covered. Thank you. I wanted to mention -- as far as I am aware the residents of the neighborhood found out about this yesterday through an article in the Meridian Press. No one I have talked to knew about it before then. So, we are surprised. On social media I think I want to inform you that so far the neighborhood is a hundred percent against this proposal. I have been out in the park today talking to people. Again one hundred percent against. I'd like to reiterate the need for Council hearings, community meetings and I guess process, because despite the fact that the land was characterized as unutilized, that land is already in use. It's a park. There is unutilized land nearby. It's unfortunate that the fire station land isn't what they would like it to be, but this land is already in use. It has a use. Thank you for your time. De Weerd: Thank you. Meridian City Council November 8, 2017 Page 5 of 28 Coles: Next is Shannon Gower. Again same topic. De Weerd: Thank you, Shannon. If you will, please, state your name and address for the record. Gower: Yes. My name is Shannon Gower and my address is 2298 South Bear Claw, Meridian, Idaho. 83642. De Weerd: Thank you. Gower: And really they have both said similar things that I would like to say. I just found out about this as -- as of today. I have only lived in my house a year as well and I was excited to move into this area , having a park close by and it's a very lovely neighborhood and I have seen the sign that -- for a fire station going in on Overland for years now and I was surprised that it is going to potentially be Bear Creek Park and if you go through that area any time in the evenings, especially in the summertime, it is a very heavily used park. I worry about noise levels having a fire station that close to my home and I am concerned about that park being utilized for other things. A fire station. And it is -- there is not a lot of parks in that area, so I think it's something that we really need to consider and I would like to see additional meetings to discuss it furthe r, so -- De Weerd: Thank you for your testimony. Coles: We did have one additional sign up, a Kyle Enver, whom I spoke with. He had some questions about an item that is on the agenda this evening . However, that item, the final plat modification, is not a public hearing, so Mr. Enver may want to speak with planning staff. De Weerd: You need to say it on the record. If you would come on up. If you will, please, state your name and address for the record. Vandam: Sure. My name is Chuck Vandam. I live at 605 West Christopher Street bordering -- with our back right to the park. I won't repeat the same concerns, although I share all of them, that have been expressed so far. Let me just add one or two other thoughts. One, I'm not sure that it is a wise idea to be placing a fire station right across the street from a middle -- middle school in a school -- school zone and I don't know whether or not that's been considered , but that certainly is on my mind as we consider, you know, where such a station should be. I do want to add my concern to how this was communicated. This actually adds to, you know, a list of other concerns that I have had about how communications have been undertaken . This last year I was very concerned when the water park was playing very loud music up until at least 10:30 at night. It actually went a little beyond that. And I know there were a number of residents that were very upset. They called into the police. We discovered at some point that, yes, they had been granted a permit to, you know, play that late in the evening. It just strikes me that there does not seem to be adequate input on the part of -- or opportunity for input on the part of residents or sensitivity on the part of the city to the needs and Meridian City Council November 8, 2017 Page 6 of 28 desires of the community and the neighborhood and this just seems to follow a little bit of that same pattern, which I would hope would be something that we could address . Thank you very much. De Weerd: Thank you. Coles: And that concludes Item 5, Madam Mayor. De Weerd: Thank you. Mr. Palmer. Palmer: Madam Mayor. Maybe yourself or Mr. Nary might be -- maybe somebody could fill us in kind on the process where -- where we were at with that and how -- how that would go -- when did the final decision get made and all of the different process as to where the fire station is going to go. Nary: Madam Mayor, Members of the Council, I would suggest, based on the comments, that you schedule this for an item for discussion for your workshop next week, so that you can, then, map out a communication plan or how you want to discuss that or provide that. I know the chief isn't here tonight, so I know some of that communication is planned. I don't know when it's planned. I know that was part of the article I read. But maybe we could put this on next week's agenda for further discussion and, then, we could do what you're suggesting, Councilman Palmer, is create that -- that calendar of events of when that would occur. De Weerd: Yeah. No decisions have been made. The conversation has begun and that's usually when it lands in the paper and it seems like it's a done deal , it is not. So, we will put it back on the -- the workshop and also communicate it to those who have reached out. Item 7: Consent Agenda A. Approve Minutes of October 24, 2017 City Council Regular Meeting B. Resolution to Approve Destruction of Certain Semi-Permanent Records of the Public Works Department Resolution #17-2046 C. Permanent and Temporary Easement Contract with Skyline Boise LLC D. Black Cat Trunk For Citadel Storage on Amity Temporary Easement E. Final Plat for Bainbridge Hess Subdivision No.1 (H-2017-0133) by Brighton Investments LLC located approximately ¼ mile Meridian City Council November 8, 2017 Page 7 of 28 south of W. Chinden Blvd. and east of N. Blackcat Rd. F. Final Plat for Castlebridge Subdivision (fka Kingsbridge) (H- 2017-0135) by Jarrod Langston located at 3475 E. Falcon Drive G. Findings of Fact, Conclusions of Law for Aegean Estates (H- 2017-0114) by Premier Investments, LLC located East of N. McDermott Road and South of W. McMillan Road H. Findings of Fact, Conclusions of Law for TM Creek Apartments (H-2017- 0124) by SCS Brighton, LLC generally located South of W. Franklin Road and East of S. Ten Mile Road I. Findings of Fact, Conclusions of Law for Madden Subdivision (H-2017- 0121) by Kobe, LLC located at the Northeast Corner of Locust Grove and E. Franklin Road J. Findings of Fact, Conclusions of Law for Pond Subdivision (H- 2017-0115) by Schultz Development located at 2980 N. Meridian Road K. Findings of Fact, Conclusions of Law for Gensco (H-2017- 0098) by Kobe, LLC located at the northeast corner of Locust Grove Road and E. Franklin Road L. Findings of Fact, Conclusions of Law for Kentucky Ridge Estates South (H- 2017-0109) by Hayden Homes Idaho, LLC located east of S. Linder Road and south of W. Victory Road M. Findings of Fact, Conclusions of Law for Pine 43 (H-2017-0058) by DMB Development located south of E. Fairview Ave., east of N. Locust Grove Road, north of Commercial Street and west of Hickory Ave N. Approval of Task Order # 10782.a for Design Services for S. Meridian - Linder Road Sewer Trunk to Keller Associated, Inc. for the Not-to-Exceed amount of $103,250.00 O. Asset Purchase and Transfer of Title Agreement with Idaho Power for an amount not to exceed $761,693 P. Approval of Task Order 10641.a for Professional Services for “WELL 28 WATER TREATMENT FACILITY - DESIGN” to Mountain Waterworks, Inc. for the Not-To-Exceed amount of $232,554.00. This Task Order is issued in conjunction with the Master Agreement with Mountain Waterworks, Inc. Meridian City Council November 8, 2017 Page 8 of 28 Q. Approval of PO #18-0084 for City Prosecutor/Criminal Legal Services for FY18 to the City of Boise - Attorneys Office for the Not-to-Exceed amount of $359,705.87. This PO is issued in conjunction with the 15th addendum dated Oct 10, 2017 to the Agreement for Prosecutor/Criminal Legal Services dated Nov 1, 2002 R. Approval of Contract Amendment No.2.a to OXARC, INC. for the Sodium Hypochlorite – Water Department project for a Not- To-Exceed amount of $90,000. S. Approval of Award of Bid and Agreement to STAR CONSTRUCTION, LLC for the CHERRY LANE & BARAYA PRVs project for a Not-To-Exceed amount of $158,200. T. Approval of a Sole Source Purchase for Wastewater’s Aqua Diamond Filter Media and Associated Parts from Aqua-Aerobic Systems, Inc. for the Notto-Exceed amount $39,924.20. The Manufacturer has changed their business model and equipment is no longer available through any resellers; Manufacturer is a sole source distributor. U. AP Invoices Paid 11/1/17 - $757,313.68 V. AP Invoices for Payment 11/8/17 - $571,879.13 De Weerd: Okay. If there is nothing further, Item 6 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item 6-B the resolution number is 17-2046 and with that I move we approve the Consent Agenda. 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. If there is no discussion, Mr. Clerk. Coles: Madam Mayor, may I make a comment? The publicly noticed agenda I spoke about earlier for the proclamation does have Item 6 listed as -- as the proclamation. De Weerd: I know, but that's not the one we took a motion on, so we will do it right after this. Meridian City Council November 8, 2017 Page 9 of 28 Coles: Very good. De Weerd: Thank you. Coles: I will call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Moved to after Consent Agenda: Proclamation for Nurse Practitioner Week De Weerd: So, I will move to the podium and I believe that we have a couple of representatives to accept this proclamation. Very good. You must be Amanda. Okay. If you will join me at the podium. Thank you for joining us. I have an opportunity to read this proclamation and, then, I will hand it to you, Amanda, and if you would like to make a few remarks. Draper: Okay. De Weerd: Whereas five decades of research demonstrates the high quality of care provided by nurse practitioners who serve as trusted frontline providers of healthcare for patients and whereas nurse practitioners diagnose, treat, and prescribe medications and other treatments to patients through a caring, patient centered, holistic model of care and whereas there are 234,000 licensed nurse practitioners in the United States and in 1804 in Idaho providing -- or 1,804 -- since 1804 I'm sure -- in Idaho providing primary acute and specialty care to patients of all ages and walks of life and whereas citizens of our state and nation have great trust in the high quality care nurse practitioners provide, resulting in over a billion patient visits annually to nurse practitioners across the country, me included, and whereas Meridian is proud to recognize and honor the service of nurse practitioners to our state. Therefore, I, Mayor Tammy de Weerd, hereby proclaim November 12th through the 18th as Nurse Practitioner Week in the City of Meridian and in recognition of the countless contributions that nurse practitioners have made over the past half century and will continue to add to the health and well-being of our citizens and our community and state. And we do have a number of nurse practitioners here in the Treasure Valley. We have educational programs that specifically train them up and we are proud to have you Meridian City Council November 8, 2017 Page 10 of 28 here this evening with us. Draper: Thank you. De Weerd: Thank you. Draper: Thank you for your time, Madam Mayor, and I'm very appreciative. Idaho was the very first state to authorize full practice authority and now we have 22 states and Washington D.C. that also offer that and very thankful to work here in the great state of Idaho. I have worked for St. Alphonsus as an internal medicine nurse practitioner for the last nine years and very thankful for their acceptance of us into their organization and it continues to grow year after year, not only providing primary care, specialty care, but also holding leadership positions within the organization. So, I want to thank you for your time. Thank you. Item 9: Community Items/Presentations A. Mayor’s Youth Advisory Council Update De Weerd: Okay. Item -- our next item is the Mayor's Youth Advisory Council for your monthly update. Welcome, Collin. Freese: Thank you, Madam Mayor. Today with me I have Nick Hobson, who is Meridian ambassador for MYAC and so, Nick, if you want to say a few things about what you do in MYAC. Hobson: Does this one work? De Weerd: Yes. Hobson: Okay. So, I'm Nick Hobson. Like Collin said, I'm the Meridian High School ambassador. So, what I do -- I communicate from MYAC to the high school. I'm pretty much the bridge and so what I do is talk to the principal, the student council, and I try to get the Information from MYAC to the school. So, we have events together. We communicate trying to improve the lives of our students, provide leadership opportunities and community service hours for MHS and for the students as a -- as a whole. I love doing it and I love getting to know the kids and to improve the school -- schools any way I can and I bring the school information to MYAC, so that if Meridian has a problem, then, I can communicate to the other ambassadors and we all work together as MYAC to improve the schools. De Weerd: And, Nick, I guess I would just add kind of something that was added at the Safety Summit -- is you're kind of that accountability piece to the plan that you put together as a -- as a school to address some of the issues that were identified and developed at the Summit; correct? Meridian City Council November 8, 2017 Page 11 of 28 Hobson: Yes. De Weerd: Very good. Freese: Madam Mayor -- how do I turn the screen on, so I can see what slide is up? Thank you, sir. Thank you. De Weerd: That was a promotion. Freese: Oh, sweet. De Weerd: You are now staff. Freese: Sweet. So, to go over one of the events that we just had was TAC put on an activity at Farmstead where the first 60 people to sign up got in free and so we had just a moment just to socialize with all the students from MYAC and just bond with them and show, hey, like let's just come together and just have some fun with each other and socialize and talk and just to grow with each other and get to know one another from different schools, like Renaissance and Mountain View. So, these are a couple pictures from just the activity and all of us just getting together . And, then, another one that we did -- as you know, Renee did Trunk or Treat and that was an absolute amazing turnout, if any of you guys -- I know I saw a couple of you guys there and so it was just beautiful just to see how many people from the community got together and MYAC's purpose in this was to volunteer and serve the whole time, going out and -- MYAC had a booth for lost children and we had a couple of MYAC students who went out and were in charge of different parts of Trunk Or Treat, leading cars and trunks to where they wanted them to go, so that we could just help any parents or children that were needing to know anything that was going on. Another thing is we have had an average of 90 students at our MYAC events and so every other Monday at MYAC we have been having a social get together, so we have ice breakers, getting to know the kids, and afterwards we go and meet at Slice to spend time with each other just -- our main focus this year is to just be connected, not be separated from MYACers who come in from different schools, but to show that, hey, we are on the same page as you. We want to be hanging out with you guys and we want to get to know you as well. And, then, one of the future events that we have coming up is a Rake Up Meridian, so what we do is we go out and rake up houses for people who are unable to and the main focus is just first off to serve the community and just grow with each other. That's it. Do you have any questions? De Weerd: Thanks, Collin. Any questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Collin, can you give a brief update on the status of participatory budgeting? Meridian City Council November 8, 2017 Page 12 of 28 Freese: Yes. So, right now we are in the process -- I believe seven packets were accepted and so we are at that process where now they have to create a presentation for us and we are going to vote on in the upcoming months. Borton: Madam Mayor? De Weerd: So, on -- yes. So, the -- there will be a briefing at our next MYAC meeting and for December 13 they will have poster boards and have kind of a rotating presentation. We will break the MYAC members into groups and they will rotate through each of the different projects. They did have a little bit of a more robust application this year. Out of the nine that were submitted there are seven that are moving forward and the vote will be taken after the p resentations by ballot and so those will be narrowed down to the top three that will roll forward into January for the final presentations and vote. Borton: Okay. De Weerd: Okay? Borton: Thanks. De Weerd: Anything further? Thank you for joining us, Collin and Nick. We appreciate you being here. And Jodi of course. Item 10: Action Items A. Amended onto Agenda: Request to Approve Alcohol License within 300' of a Place of Worship for The Vault De Weerd: Okay. Item 9 under Action Items, amended onto the agenda is Item 9-A. And who is taking that? Mr. Clerk? Coles: I can, Madam Mayor. We had an application for an alcohol license for The Vault at the corner of Idaho and 2nd Streets. They have their -- their state, their county, but we found out through the application process that it falls within 300 feet of the Methodist Church almost directly across the street, so because it's within 300 feet of a place of worship it requires action by this Council to approve their application. I don't know if Mr. Nary has anything in addition to add to that. Nary: Madam Mayor, Members of the Council, he said it perfectly. That's the only reason it's on there because of the proximity. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council November 8, 2017 Page 13 of 28 Borton: If I read the packet right, it's -- it's a beer and wine application request only, not liquor? Nary: Correct. Bird: Just beer and wine. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Mr. Nary, Mr. Clerk, was there any objection from that church that falls within that range? Nary: Madam Mayor, Members of the Council, we haven't -- we don't provide notice to any -- any of the churches on these issues. We just add it to the agenda. So, we haven't provided them any direct notice. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: So, action is required by us because it's 300 feet, but we didn't ask them what they thought? Nary: Madam Mayor, Members of the Council, Council Member Palmer, you have had other ones on there, the same -- the same ones earlier when we had the Hop Haus, same issue. We don't -- we don't provide individual notice to anyone. The state status simply says any liquor or beer or wine license issued within 300 feet of a church or school are required to be approved by the board directly , not by a licensing officer. So, it doesn't have any noticing requirements in the code or in our code to provide to either a school or to a church. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And with the last one I had asked the same question, you know, if they had had any objection and someone had spoken to them and they had said that they had no objection. So, I'm just curious if they have an objection, understanding it's probably not considering that tends to be the case, but I'd like at least to hear from them, since it's in code that it's because of them we are going to have to -- we have to approve it. So, I'd like to at least hear what they have to say. Little Roberts: Madam Mayor? Meridian City Council November 8, 2017 Page 14 of 28 De Weerd: Mrs. Little Roberts. Little Roberts: It's my understanding that The Vault has been an event center for quite a while. I have been at several events where alcohol has been served and I have not heard -- if anybody can correct me -- any complaints regarding private parties where alcohol has been served. So, I would think that this would kind of be in line to continue on and let them serve their own beer and wine. De Weerd: I -- I think that the practice has been it hasn't been necessarily a public hearing, it's -- it's just by our -- our practice. It's not a decision at the staff level, it's a decision at the City Council level. The Hop Haus, they reached out because it -- it was a new use. In this case we have two other drinking establishments on that block and so it was not something that was new. Liquor is sold in that area. So, it hasn't been standard practice for that. If you want to have that as a -- as steps certainly this Council can send that direction, but in the past it's just been because it's not a staff level decision it's a Council level decision that that has been the protocol. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the alcohol license within 300 foot for The Vault. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, as a substitute I move we continue Item 9-A for one week to give us a chance to ask them if they have an opinion. De Weerd: Okay. Do I have a second? Cavener: Second. De Weerd: I have a motion and a second to continue this item until next week during our workshop. All those in favor say aye. Palmer: Aye. Cavener: Aye. De Weerd: Okay. Those opposed say nay. Okay. Motion failed. Meridian City Council November 8, 2017 Page 15 of 28 MOTION FAILED: TWO AYES. FOUR NAYS. De Weerd: The motion that I will ask you to weigh in on is a roll call vote to approve the alcohol license for The Vault. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea. De Weerd: All ayes. Motion -- or I'm sorry. The ayes have it. Sorry, Mr. Palmer. MOTION CARRIED: FIVE AYES. ONE NAY. De Weerd: I think it's -- it would be an important step that -- just as part of that process that the church that is within the 300 feet are reached out to and even in follow up to this, just to reach out and let him know. Coles: Absolutely. Thank you, Madam Mayor. As an administrative step we can do that. B. Final Plat for Rockbury Subdivision (H-2017-0131) by Rock Harbor Church, Inc. located at 6437 N. Tree Haven Way De Weerd: Thank you. Item 9-B is final plat for H-2017-0131. I will ask for staff comments. Allen: Madam Mayor, Members of the Council, I believe that file number belonged to Rockbury Subdivision final plat application. They have requested continuance to the November 21st hearing to resolve some concerns that ACHD and ITD have with the approved right-in, right-out access. De Weerd: Okay. Council, any concerns about continuing this until November 21st? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2017-0131 until November 24th, 2017. Borton: Second. De Weerd: I have a motion and a second to continue Item 9-B to November 21st. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council November 8, 2017 Page 16 of 28 C. Final Plat Modification for Maddyn Subdivision (H-2017-0136) by A Team Land Consultants located on the West Side of N. Meridian Road, South of E. Ustick Road, North of W. Sedgewick Drive De Weerd: 9-C is a final plat modification on H-2017-0136 I will ask for staff comments. Allen: Thank you, Madam Mayor, Council. This request is for a final plat modification. The site consists of 10.32 acres of land. It zoned R-8 and R-15, located at 2975 and 3001 North Meridian Road. A little history on this site. Back in 2016 this property was annexed and zoned, preliminary platted for 29 single family residential building lots, ten multi-family lots, and six common lots and a conditional use permit for a 48 unit multi- family development was approved. The final application was approved earlier this year, but the plat has yet to be recorded. A condition of approval of the final plat requires the applicant -- excuse me -- the plat to be recorded prior to issuance of any building permits. The applicant is requesting a modif ication to this condition to allow building permits to be issued prior to recordation of the plat on the multi-family portion of the development only. The plat is required to be recorded prior to issuance of any certificates of occupancy being issued. The modification will allow the applicant to get started on construction on the multi-family portion of the development, while the plat goes through the recording process. The applicant is requesting the following site specific conditions to be revised. Site specific condition number ten currently reads: Prior to issuance of a building permit the applicant shall record a final plat for the single family development. Prior to issuance of -- and staff is recommending this language be added. Building permits for the multi-family portion of the development, the developers shall complete the following prerequisite items. First, the domestic water system shall be installed, tested, and activated, so that fire hydrants are available during construction. Second, the sanitary sewer system shall be installed and tested. And, third, at a minimum a compacted gravel road base shall be in place that will support the weight of a fire apparatus, 75,000 pounds. And a new condition is added that the applicant shall record the final plat prior to issuance of any certificate of occupancies for the multi-family dwellings. Staff is recommending approval of the proposed modification per the staff report. De Weerd: So, what has been the hold up on the final plat? Allen: Madam Mayor, Council, I don't believe there has been any hold up necessarily, but they -- it will take a while to go through the process and get routed for signatures and get recorded and the applicant just wishes to be allowed to be able to pull buildi ng permits and get started with the construction , with the understanding that prior to issuance of certificate of occupancy that plat would be recorded. Multi-family you can -- you can build more than one structure on a -- on a parcel or property. So, that's what this would be. De Weerd: So, minimal risk -- Meridian City Council November 8, 2017 Page 17 of 28 Allen: Yes. De Weerd: -- to zero. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This is the -- perhaps maybe another rare exception if the multi-family component justifies it to what staff has counseled otherwise is a -- that's a risky path to go down, for future applications to -- to reverse the order of what's been the standard practice? Allen: Well, Madam Mayor, Councilman Borton, Councilmen, the city does d o this on commercial developments. It is -- it's not a practice on single family developments. That plat does need to be recorded first. Multi-family is a little bit of a hybrid -- a hybrid between the two as more than one building can be constructed on a -- on a lot, as is the same for commercial uses. Borton: So -- Madam Mayor? Allen: Multi-family doesn't necessarily -- excuse me if I may just further -- Borton: Yeah. Allen: -- Multi-family doesn't necessarily -- isn't required to be subdivided. A multi- family development can simply be one parcel. This one is a little bit different, since they do have a single family component to it, but they aren't planning to start the single family until -- De Weerd: So, without a recorded plat there is no issues and verifying setbacks and -- and where utilities or easements are or anything like that? I'm just trying to think of what is the risk and what could be those downsides. Allen: Yeah. Certainly. Madam Mayor, they do have a final plat that has been approved. When the certificate of zoning compliance comes in for approval staff will be reviewing all of those issues to make sure that everything is consistent with that final plat that has been approved. Hood: Madam Mayor, if I can just build on that a little bit. A lot of the risk in this case is on the developer. If the construction crews put the foundation in the wrong spot and it's too close to a future lot line, then, that's something that they are going to have to rectify or submit a new plat to correct that, because it will need to meet the appropriate setbacks for when those lot lines actually exist. So, most all of the risk is actually on their side, but we are the bad guy when we get to tell them, hey, your concrete crew put this two feet too close to this property line. So, it's not typical, it's still not something we Meridian City Council November 8, 2017 Page 18 of 28 generally support, but as Sonya said, multi-family does have more of a commercial nature to their construction and even their occupancy and we are definitely more comfortable with a multi-family project moving forward before plat recordation than -- than single family homes. De Weerd: It seems to me like we have had one where we have done something like that, they have been sold and the new owners have not known that their apartment complex was not ready to make good on the leases and the move -ins and, of course, we were the bad people by not allowing them to move in . So, is this going to be something that could happen in this one as well? Hood: Madam Mayor, Members of Council, no. I did talk to Bruce Freckleton a little bit about that scenario, too, and that was a different scenario where that project had a main that was going through their site that wasn't up and ready. Here you have a brand new intersection and all the utilities are right out in front of this property, so services aren't a problem as they were in that -- in that situation there on -- near the freeway. So, no, this isn't the same -- same situation. Again, we have -- we have kind of gone through those scenarios of what potentially could go wrong doing this out of order and in this case we are -- we are pretty comfortable with allowing it to move forward. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve -- oh, wait a minute this is -- no. I move we approve -- it's Wednesday night. H-2017-0136 and include all staff recommendations. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-C. If there is no discussion by 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. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: On this topic -- and you have highlighted the -- the findings, for lack of a better Meridian City Council November 8, 2017 Page 19 of 28 word of the exception for taking certain things out of order. I think that's really helpful. If and when the next request like this comes, single family, multi-family, or otherwise, that -- that they want to do that out of order prior to plat, it would be really helpful to -- almost like a variance, to try and articulate why this is a unique exception that warrants deviating from the rule that -- that we all support, the final plat has got to get recorded first, so -- because we are going to be asking I think to find those specific characteristics to warrant granting it. Just so the applicants know going forward there is going to need to be something unique to justify it. Allen: Madam Mayor, Councilman Borton , noted. I'm not sure how to go about that. I can work with the city attorney. Since this doesn't have findings this will be an order -- Borton: Yeah. Allen: -- of approval, but -- De Weerd: I think it's probably just in your presentation as you lay it out, we had this request, here are the steps we went through to analyze it, if it presented any risk and -- Allen: Okay. Borton: Madam Mayor? What -- I guess what we are trying to capture is -- so, the applicants know on the very front end here is the concerns that Council have. There is a policy, we do it this way, we are all supportive of that, so you're going to need to -- Allen: Understood. Thank you. Borton: Yeah. Thanks. D. Public Hearing for Linder Professional Plaza (H-2017-0138) by M & L Properties, LLC located at 4664 N. Penngrove Way 1. Request: short plat consisting of 3 building lots on 1.56 acres of land in the L-O zoning district De Weerd: Okay. Item 9-D is a public hearing for H-2017-038. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Council. The next application before you is a request for a short plat. This site consists of 1.56 acres of land. It's zoned L-O, located at 4664 North Penngrove Way. The applicant is requesting a short plat consisting of three building lots on 1.56 acres of land in the L-O zoning district. This is a resubdivision of Lot 3, Block 45, Bridgetower Crossing Subdivision No. 15. All of the proposed lots comply with the dimensional standards of the district. No written testimony has been received on this application. Staff is recommending approval per the conditions in the staff report. Meridian City Council November 8, 2017 Page 20 of 28 De Weerd: Okay. Council, any for staff at this time? Borton: Madam Mayor, one quick one. Sonya, there was reference in the packet about a sidewalk as one perhaps unresolved issue. Is that -- Allen: Madam Mayor, Councilman Borton, Council, the applicant has agreed to install that sidewalk. This one was a little bit different in the case that Penngrove when it -- when the plat was originally recorded that was not a public street. Therefore, the sidewalk wasn't required, nor was a buffer along Penngrove. Since that time the -- it has been dedicated as a public street. Therefore, with the subdivision -- there are subdivision improvements that now kick in based on that right of way that's adjacent to the site. So, it does require sidewalk and a ten foot wide street buffer. The applicant is here to speak to that tonight. Borton: All right. De Weerd: Okay. Thank you. Is the applicant here? Thank you for joining us. If you will, please, state your name and address for the record. Kenyon: My name is Caleb Kenyon. Address 16 12th Avenue South, Suite 112, in Nampa, Idaho. 83651. De Weerd: Thank you. Moorhouse: I'm David Moorhouse. 3536 West Rider Cup, Meridian. De Weerd: Thank you. Kenyon: I am the civil engineer for the project. The project consists of a -- of a lot that's going to be split into three different lots for development of professional off ice buildings. We will be incorporating a new sewer and water main . There will be no new roads with the project. We will be using existing -- existing entrances into the property and there is a -- a cross-access easement to -- to access the different properties. The -- the use of the property will not change. We are just simply looking to make -- make the one existing lot into three smaller lots to -- to help sell the properties. De Weerd: Okay. Thank you. Council, any questions for the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Same question with regards to the sidewalk. It just appeared that there might be something unresolved with the installation of the sidewalk, is that -- Meridian City Council November 8, 2017 Page 21 of 28 Kenyon: We are currently in the -- in the process of updating the plans. We are planning to install the sidewalk along Penngrove. Borton: Okay. Thanks. De Weerd: Okay. Any further questions from Council? Anything further? Kenyon: No. Thank you for your time. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone that has signed up, Mr. Clerk? Coles: Madam Mayor, the only other sign ups were Jordan Morehouse in favor, not wishing to testify, and Chuck Vandam, with no indication on the project or indication of testimony. De Weerd: Okay. Is there anyone who wishes to testify on this application? Okay. Seeing none -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on Item H-2017-038. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the short plat request on item H-2017-038, to include staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-D. Is there 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. Meridian City Council November 8, 2017 Page 22 of 28 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing for Proposed Fee Updates for Certain Temporary Use Applications 1. Resolution No. 17-2047: Adopting New Fees of the City Clerk’s Office; Repealing Outdated Fees; Superseding Fees Previously Adopted; Authorizing the City Clerk’s Office to Collect Such Fees De Weerd: Item 9-E is a public hearing for proposed fee updates for temporary use applications. Mr. Clerk. Coles: Thank you, Madam Mayor. By the time I finish speaking I would be down at the podium. So, with your indulgence I might just present from here this even. This is a follow up to the temporary use ordinance that we just passed and some updates to the temporary use code. We spoke three weeks ago about needing to follow that with a fee update to coincide with what the ordinance suggests. So, in front of you this evening is that resolution for the -- the fee updates. The only new fee here is the 150 dollars, which is the large scale special event. We are doing away with the citizen's use application, which is the roadway applications to coincide with ACHD and we are rolling that into what is a special -- large scale special event. We have had that before, but now we are removing one fee and adding the -- that application process into the large scale special event. So, that is why you see a new fee of the 150. And the other fee that's listed there we are actually reducing if you're in a park, if you're regular scale and so forth. So, that is what you have in front of you this evening. De Weerd: Thank you. Council, any questions for the clerk? Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item ? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on Item -- on Item 9-E. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 8, 2017 Page 23 of 28 De Weerd: We have a resolution 17-2047. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve resolution number 17-2047. Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion from Council? Mr. Clerk. 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 11: Department Reports A. Fire Department: Proposed Update to Public Fireworks Display Permit De Weerd: Item 10-A is under Department Reports. We have our fire department to talk about an update to our fireworks ordinance. Bongiorno: Madam Mayor and City Council, I took over as the fire marshal in May and what this update is is a result of some training on fireworks display that we took this summer through the city of Boise. What the city of Boise implemented with their fireworks application is basically a checklist of things that they would like the company that's providing the fireworks to provide to the fire department and all this is is taking that checklist and putting it into our ordinance is what this is. In the checklist is -- is simple items like, you know, a more detailed plat -- site plan of what we have been getting in the past. Since I took over in May, this checklist that we got from Boise fire that we have incorporated -- I have been utilizing with all of our vendors for the 4th of July. So, the Speedway, they did it. Farmstead did it. I currently -- I already got the list for our Christmas tree lighting festivity -- festivities and the Village is doing fireworks on the 17th for their Christmas tree lighting as well. So, all of them have already met the requirements of this ordinance. I have had a very good working relationship with the fireworks suppliers. So, if you would like I can go through some of the highlights of the draft. Meridian City Council November 8, 2017 Page 24 of 28 De Weerd: That would be awesome. Bongiorno: Okay. So, in Section G there is a section in there that allows a window for appeal, if for some reason the -- we deny their fireworks permit, there is an avenue for appeal in there. One of the big ones is Item I-2, which adds a provision that will allow me as the fire marshal to revoke the fireworks permit in case of something dangerous . You know, high wind, red flag warning, whatever. Most of the shooters that actually shoot the fireworks off are well aware of -- of when they should and shouldn't be shooting off fireworks. In item 3 it talks about the ordinance, required description of prior experience. This proposed draft requires documentation that they actually meet the NFPA standards for a fireworks pyro technician. Item 6. We kind of talked about the site plan. So, 6-A through L talks about all the different site plan requests that I will be looking for to approve their fireworks permit . Item 7, basically just requests a detailed list of what they are actually shooting to make sure that if they are shooting a three inch mortar that they have got the proper clearance for the fallout zones when -- so that the -- what they are shooting matches with their site plan. On Item 5-A or -- yeah. 5-A clarifies the discharge of dangerous fireworks requires a public fireworks display permit. 5-B we updated some NFPA document dates to current editions that are being utilized in the International Fire Code. Item C-1 has a requirement that the applicant provide information about the pyro technician operating the display. Licenses, certifications, anything that they may have. What I typically get from the fireworks supplier is I get a resume of the shooter, the one that's actually shooting the show, and it shows all of their certifications, all their licensing, so that we can make sure that they actually know what they are doing. That's kind of the -- the nutshell of -- of what this draft ordinance is. So, if you have questions I would be more than happy to attempt to answer them. De Weerd: Thank you. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: How -- how long is our existing draft -- or our existing code with regard to fireworks displays? Bongiorno: How long is it? Palmer: Is this a huge addition or -- Bongiorno: No. Like I said, the biggest -- I'm sorry. Councilman, the largest section that got changed is six and seven where we added just the -- I call it the checklist is what I have been giving those people requesting I need these items for your site plan, I need these items about your shooter. It's just -- it's more information that we are requesting of the firework supplier. The rest of it hasn't really changed. All we are doing is changing dates on NFPA standards. Meridian City Council November 8, 2017 Page 25 of 28 Palmer: Madam Mayor, follow up. De Weerd: Mr. Palmer. Palmer: And have we checked with the -- anybody who -- any vendors of these -- this -- whoever does this work? Bongiorno: Yes. Palmer: Have we checked with them to get their opinions on -- on the draft? Bongiorno: Yes. The draft itself, no. Like I stated before, I started in May, so I supplied this checklist to all of these people ahead of time and everyone has been able to fulfill this list. There is really only two firework suppliers in the valley that we deal with . Fireworks America down in San Diego and the gentleman out of Oregon. And they have all given me everything that was on the list and so I have taken that data and now each year as we progress, all I will have to get is the newest -- whatever they are shooting from that point, because they typically do the same shows every year. De Weerd: So, basically, this doesn't change in practice what the operators of these firework shows have been providing the city, it just gives them something that they can check off and -- Bongiorno: Correct. De Weerd: Okay. Bongiorno: Yeah. And that's usually what the last three I have gotten, they have taken my checklist, turned it into a list, and said here is this item, here is this item and, basically, it's just a quick checklist of the items that -- that I need to make an educated -- you know, can we approve this permit or not. De Weerd: Okay. Thank you. Anything further? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, it might be a formality, but would you be able to submit this draft to those -- those public fireworks providers, including anyone that might have utilized the Speedway in recent years to provide a public fireworks d isplay to get their comment? Bongiorno: I would be more than happy to do that. We have time. Borton: Yes. Meridian City Council November 8, 2017 Page 26 of 28 Bongiorno: We have time on our hands. Borton: Okay. That would be helpful. Bongiorno: Yeah. So, I can -- I can present that to them this next week and come back to Council, you know, with the comments or whatever direction you would like to go to -- to get this into ordinance. De Weerd: If you can have that for when we set it on for the next discussion. Bongiorno: Okay. De Weerd: Okay. Bongiorno: That would be great. De Weerd: Thank you. Bongiorno: Anything else? De Weerd: No. Thank you very much. Bongiorno: Thank you. Item 12: Future Meeting Topics De Weerd: Okay. Items under future meeting topics. I know we just added one earlier. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I don't know whether it's a topic. The first one, which is know -- which I think everyone noted was good comments we heard this earlier about opportunities for gathering public input from the neighborhood with regards to fire station locations. It's part of the decision making process, so I think that's appreciated as a future meeting topic. Another one might be -- it's in relation to the school district and the -- the opportunity for the school district in the city to participate and -- and exchange information earlier on in certain development projects, well before it gets the Council to try and facilitate some communication between the district and the applicant the city can play some role to have that occur earlier on in the process. De Weerd: I -- I believe -- and I will have to ask Caleb or Bill, they are invited to pre-app meetings or -- so, do they regularly attend? No. Meridian City Council November 8, 2017 Page 27 of 28 Borton: Then there may be -- and good example -- and this isn't -- this is for a future meeting topic, obviously, but we have got, you know, a representative from ACHD here often, which is wonderful. It's perhaps costly to them, but it's a great benefit to us and the earlier that those entities can communicate -- and if it's not perhaps as effective as it could be, it would be worth exploring why it might not be as effective as it could be and maybe there is different ways to facilitate that communication earlier on. Because when it gets to Council and we receive every now and then a letter that speaks to what the district's concern may be on growth as growth, I think it might be for us to discuss a more effective way to have that conversation earlier in the process, so -- De Weerd: Okay. Cavener: Madam Mayor? De Weerd: We will put that as a future topic to discuss. Borton: Fair enough. Mr. Cavener. Cavener: Madam Mayor, thank you. For what it's worth, as one who has spent some considerable time knocking doors over the past few weeks, I happened to knock a couple of school board members' doors and had similar conversations to what Council Member Borton had -- had spoken directly to and I know that there is a -- a review process going on internally within that facility and that organization to perhaps be more proactive early on in that process and perhaps as we continue our conversation on the city side we will be meeting them who will be having conversations at the same time. Item 13: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation and 74- 206(1)(j): To consider labor contract matters authorized under section 74-206A(1)(a) and (b), Idaho Code. De Weerd: Okay. Anything else? Okay. Item 12 is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive S ession as per Idaho State Code 74-206(1)(f),(1)(j), (1)(a) and (b). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Meridian City Council November 8, 2017 Page 28 of 28 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: (7:03 p.m. to 8:05 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. 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 8:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR A MY DE WEERD DATE APPROVED ATTEST: C. J COL , CITY CLERK S'i1 v of o w m E jD�AN�. 0 SEAL 4 /