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HomeMy WebLinkAbout2018-10-16Meridian City Council October 16, 2018. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, October 16, 2018, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Also present: C.Jay Coles, Bill Nary, Sonya Allen, Josh Beach, Stephane Leonard, Kyle Radek, Brian Caldwell, Kevin Fedrizzi, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Thank you for your patience. We apologize for the late start, but we appreciate you all being here in attendance. For the record it is Tuesday, October 16th. It is ten minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan of Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Justin Jordan with Real Life Ministries. If you will, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Jordan: Thanks, Mayor. Thanks, Council. Let's pray. Heavenly Father, thank you for giving us another day and an opportunity for our Council to come together tonight. God, we know that you have created government to allow goodness to flourish and to confront evil. We asked, God, that you would give wisdom and direction to the Council to make decisions for goodness to continue to flow for us throughout Meridian. We thank you for the blessing that you have poured out on this city and continue to pour out. We thank you for the citizens and we thank you just for the ability to live here and raise our families. Be in this meeting tonight and, like I said, may wisdom, may goodness flourish. We pray this in your son's name, amen. Meridian City Council October 6, 2018 Page 2 of 33 Item 4: Adoption of Agenda De Weerd: Thank you. Pastor Justin. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have one amendment to the agenda. On the Action Items, Item 9-I, we are going to move up to 9-A and take that one first with regards to our Fire Department and -- De Weerd: Mr. Borton, I -- they are on a call right now, so they said leave it as is. Borton: Leave it as is. That takes a little more precedence. All right. Well, then, never mind. The agenda -- there are no other changes, so, Madam Mayor, I would move that we adopt the agenda has published. Cavener: Second. De Weerd: I have a motion and a second to adapt the agenda as published. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5, Mr. Clerk. Coles: Thank you, Madam Mayor. It does not appear that anyone has signed up for Item No. 5 this evening. Item 6: Consent Agenda [Action Item] A. Approve Minutes of October 2, 2018 City Council Regular Meeting B. Bountiful Commons Water and Sewer Easement No. 1 C. Bountiful Commons Water and Sewer Easement No. 2 D. Bountiful Commons Water and Sewer Easement No. 3 E. Compass Public Charter School Water Main Easement F. Paramount Self Storage Water Main Easement Meridian City Council October 6, 2018 Page 3 of 33 G. Vertical View Water Main Easement H. Touchmark of Treasure Valley Partial Release of Water and Sewer Easement I. Final Order for Earl Glenn Subdivision (H-2018-0094) by Riley Planning Services, Located at 1780 E. McMillan Rd. J. Findings of Fact, Conclusion of Law for San Gorgonio Subdivision H-2018-0092) by A Team Land Consultants, Located at 200 Rosalyn Ct. K. Development Agreement for Fairbourne Subdivision (H-2018- 0052) with HBU Investments, MDC, LLC, and Fairbourne Development, LLC , located at the NWC of W. Chinden Blvd and N. Black Cat Road, in the SE 1/4 of Section 21, Township 4N., Range 1W L. Resolution No. 18-2114: A Resolution Of The Mayor And The City Council Of The City Of Meridian Re-Appointing Jo Greer To Seat 6, Jessica West To Seat 7, And Keith Bevan To Seat 8 Of The Meridian Parks And Recreation Commission; And Providing An Effective Date. M. Resolution No. 18-2117: A Resolution Adopting the Revised Purchasing Policy of the City of Meridian. N. Approval of Sole Source Drive Replacement Purchase for Yaskawa Drives by Dykman Electrical at Well 16B , 16C , and 21. The Not-to-Exceed amount for these drive replacements and services is $45,746.00 O. AP Invoices for Payment 10/10/18 - $3,194,011.51 De Weerd: Okay. Thank you so much. And Item 6 is our Consent Agenda. Borton: Madam Mayor. Borton: Mr. B orton. Borton: There were no changes to it, so I would move that the Consent Agenda be approved and for the Mayor to sign and Clerk to attest. Cavener: Second. Meridian City Council October 6, 2018 Page 4 of 33 De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From The Consent Agenda [Action Item] Item 8: Community Items/Presentations A. Recognition of Tom Sauer for Years of Service on the Board of Adjustment De Weerd: Item 8. I have a plaque here for a long time community member who has been serving in a couple of different functions, but tonight we would like to recognize his dedicated service to our board of adjustment. So, I'm going to move down to the podium for a moment. So, Tom Sauer is not an unfamiliar face at City Hall. Tom and Karen have volunteered in our parks, certainly as an advocate for pickle ball, for any of you who know what pickle ball is, there is quite the movement for that. They have sat at our front desk welcoming citizens as they come into City Hall. He has served on our SWAC committee for -- Mr. Nary, the last eight years? Nary: Yes. De Weerd: For the last eight years has served as our citizen representative on the board of adjustment. What I really appreciate with Tom is he is kind of a no nonsense, give me the facts and let's get this cleared up. Your service to the community has been sincerely appreciated. You have gone above and beyond and it's with great honor that I recognize you for your years of service. It says the City of Meridian has greatly benefited from your valuable gift of time and your expertise. Meridian is a more vibrant community because of your service and we thank you and hope this small token of our appreciation shows you how much you really have been appreciated. Sauer: Thank you. I would just like to say it's been a pleasure for the last eight years working with such fine people and I have been looking for the bad penny and I haven't found it yet. So, this is a great city to live in and it's a great city to volunteer for, because they do so much for us and they take care of us. So, I appreciate this. Thank you very much, Mayor Tammy. Thank you again. Item 9: Action Items Meridian City Council October 6, 2018 Page 5 of 33 A. Resolution No. 18-2115: A Resolution Of The Mayor And The City Council Of The City Of Meridian Appointing Patricia Matthews To Seat 8 Of The Meridian Transportation Commission De Weerd: Okay. Item 9 is under Action Items. 9-A is a Resolution 18-2115. These -- this appointment is appointing a new member, Patricia Matthews, to our Meridian Transportation Commission. Council, I had interviewed with the chair of the Transportation Commission Mr. Ballard and we bring this name forward as the recommendation to fill Seat 8. Are there any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I didn't see anything in our packet, any information about this individual. Can you share with us a little bit about their background and experience? De Weerd: Yes . Ms. Matthews has been an employee of ITD in the past. She has also served as an insurance adjuster that has gone out on scenes of accidents and assessed some of the -- the problems that have been in the way. She's got a real passion for transportation-related issues and feels that she can bring her problem solving skills to the commission, as well as her expertise in -- in some of these different areas. Cavener: Great. Madam Mayor, if there aren't any questions -- other questions, I move we approve Resolution 18-2115 . Milam: Second. Cavener: Oh, go ahead. I will leave it at that. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call role. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. B. Resolution No. 18-2116: A Resolution Appointing Jody Ault To Seat 7 Of The Meridian Historic Preservation Reappointing Jacy Jones To Seat 3 And Blaine Johnston To Seat 2 Of The Meridian Meridian City Council October 6, 2018 Page 6 of 33 Historic Preservation Commission. De Weerd: Is Ms. Matthews here tonight? I don't -- I didn't see her. Okay. Item B is Resolution 18-2116. This is a resolution appointing Judy Ault to Seat 7. This is actually adding an additional seat to the Historical Preservation Commission. We had six, this will make it to an odd number, which is preferred. When we added the youth member it added an even number. There is great passion by Ms. Ault. She has done a lot of volunteer work at the Basque museum. She has done a lot of the digital cataloging and -- and those kind of things. She brings an expertise to the commission that hasn't been there and Blaine and I felt that it would be certainly a great asset bringing this to the HPC. This is also a reappointment of Blaine Johnston to Seat 3 and -- our Jacy Jones to Seat 3 and Blaine Johnston to Seat 2. So, I would stand for any questions. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: If there are no questions, I move that we support Resolution 18-2116 and I'm excited to see Jacy Jones and Blaine Johnston returning. They have done a great job. Milam: Second. De Weerd: Yes . I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Approval of Park Identity Public Art Project Request for Proposals to be Issued De Weerd: Item C is under our Meridian Arts Commission and approval of the park identity in public art project. I will turn this over to Hillary. Bodnar: Thank you, Madam Mayor. I stand before Council today to let you know that the Arts Commission and Parks Commission have worked together to approve two request for proposals. We, essentially, want your approval of these before we put them out into the public and before we even start soliciting for proposals from artists. So, we decided to, upon your approval, release two art pieces at the same time for two park art projects. One in Champion Park and one in Renaissance Park. So, the model is very similar to the model of Heroes Park. It almost -- the dates were very very similar as Meridian City Council October 6, 2018 Page 7 of 33 well. We ended up giving them a little more time to submit proposals in case there was a roster of artists interested in submitting proposals for both. That would take them more time. And, essentially, we would aim for these to be FY-19 projects. And I will stand for any questions. De Weerd: Council, any questions? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there aren't any questions, I would move that we approve the park identity public art project RFPs and direct that they be issued as presented. Little Roberts: Second. De Weerd: I have a motion and a second. Any questions or comments? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bodnar: Thank you. D. Request for Reconsideration for Tanner Creek Subdivision (H2018-0023) by Schultz Development, Located at 505, 521, 615 And 675 W. Waltman Ln. De Weerd: Thank you, Hillary. Item 9-D is a request for reconsideration of Tanner Creek Subdivision, H-2018-0023. Mr. Nary. Nary: Thank you -- thank you, Madam Mayor, Members of the Council. You have a request from the applicant to reconsider the decision made in the Tanner Creek application that was before you in September. The applicant has requested additional opportunity to present additional evidence. That doesn't really comply with our ordinance, which requires to point out a legal deficiency in the decision that was originally made. Hadn't really raised that, he simply was wanting an opportunity to provide additional facts to the record. It's our opinion that that is not necessary, unless you desire that, but, otherwise, you can stand on the findings that you originally made, but we would recommend that you direct the findings back to staff for more specific findings to be included in the findings document. The findings document does outlay -- or does lay out the decision that was made by this Council and the reasons that were Meridian City Council October 6, 2018 Page 8 of 33 done, but it refers back to the record for those findings and for a court's perspective we need those specific findings that were in the record from the discussion you had back in September to be placed in the document. So, we would recommend you remand it simply for some clarity to the findings and clarification of those and, then, you could have it back in a future agenda for approval. But we wouldn't recommend approving the request FOR reconsideration. De Weerd: Thank you, Mr. Nary. Council, any comments, questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there aren't any comments, I would move that we grant the request for reconsideration for Tanner Creek Subdivision for the limited purposes of articulating from the -- from within the existing record the specifics necessary to place into some amended findings of fact and conclusions of law as suggested by legal counsel. I think it's not only the legal way to do it, but I think it's also the most appropriate for an applicant to see those specifics within the findings of fact and conclusions of law and, then, make a decision whether they -- how they want to proceed, so -- Cavener: Second. De Weerd: I have a motion and a second. Discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing for Calderwood Business Park (H-2018-0103) by ALC Architecture, Located at the SE corner of S. Meridian Rd. And E. Calderwood Dr. 1. Request: Modification to an Existing Development Agreement to allow for minor vehicle repair uses on the property and to modify certain other provisions of the development agreement De Weerd: Item 9-E is a public hearing for H-2018-0103. Just wanted to talk about our public hearing process. First in terms of we have our staff that gives an overview of the application and some of the staff findings and conditions. We, then, ask the developer Meridian City Council October 6, 2018 Page 9 of 33 to present their application. They have ten minutes to do so. At that point we will open it up for public comment. Public is offered three minutes to give testimony and at the end of public comment, after everyone has had a chance to testify one time, we ask the applicant to come and give final remarks and to answer any questions that were raised during the public hearing. It gives, then, Council an opportunity to ask questions of staff, applicant, or any of those that have provided public comment. I just also would note that there is a public record that has been available to not only the public, but City Council that gives a lot of the agency comments, written comments from our public as well, which has already been reviewed by Council, as well as Planning and Zoning meetings that have happened prior to. So, with that I will turn this over to staff. Beach: Thank you, Madam Mayor, Members of the Council. So, before you this evening is a development agreement modification for Calderwood Business Park and you can see the zoning map here. A p ortion of this is zoned L-O, further away from Meridian Road, and the parcels along Meridian Road are zoned C-G and pull up the aerial here. You can kind of see what's going on in the area. So, as most of you know, the Dutch Bros was installed there -- constructed there earlier this year. There is a hair facility across from Blackspur Way -- on the east side of Blackspur Way adjacent to this development. So, starting out the applicant wishes to modify the original development agreement to allow for minor vehicle repair within the development. With the current DA Council approved a conceptual development plan -- a conceptual development of plan and specifically disallowed several uses that would otherwise have been allowed within the C-G and L-O zoning districts. Minor vehicle repair was one of the uses specifically prohibited within the development due to the close proximity of the residential uses. Bill Parsons worked on this project back in 2015 and personally was the one that suggested that certain uses be limited on this property. At this time in going through the process we were relatively in reliance and hoping that we would get some feedback from the residents adjacent -- specifically the care facility that's across Blackspur Way as to whether or not they were in support or against several of the uses. So, going back through this, the previously approved concept plan depicts three office pads, three commercial pads, and one drive-thru pad. Obviously, the drive-thru pad now is where the Dutch Bros. is. The drive thru has since been developed. The concept plan is not being modified as part of this application. However, the applicant wants to be allowed to have minor vehicle repair allowed within the development agreement. The original DA limits the uses in the development movement because of the proximity to sensitive residential areas, such as the residential care facility to the east. Staff is of the opinion that the C-G portion of the development is far enough -- approximately 193 feet from the care facility -- that allowing the remainder of the previously prohibited uses will not adversely impact the residential areas surrounding the development. In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot landscape buffers, several buildings and a public street between them. Admittedly, there is a residential property that abuts the south side of the proposed minor vehicle repair use, but the overhead doors will face to the north and the applicant is required to install a 20 foot -- a 20 foot -- 25 foot landscape buffer on the south side of their structure up against that residential zoned property, so any sound impact should be minimal. The proposal to change the previously prohibited uses as now permitted only Meridian City Council October 6, 2018 Page 10 of 33 applies in the C-G zoning designation. The previously prohibited uses will remain as prohibited in the L-O zoning designation. So, going back to the aerial, there are several uses and I can go through those that staff feels should -- should all be permitted, not just the minor vehicle repair, but they would only be permitted in the C-G zoned portion, they would not be permitted along the boundary. Lastly, staff had a couple things that we have since -- since writing the staff report have become aware of. M was a provision that we added to the development agreement that's no longer applicable, we have -- we have fixed that and I would like to apologize for an error in the staff report. My brain wasn't working Friday afternoon, so grammatically I want to correct something. My intention here in E was to allow for all of the remaining uses in the C-G, but not in the L- O zoning district and the way I worded that's kind of goofy. The following uses shall only be allowed within the C-G zoning district portion of the development, except for the following, and so the intention is to rewrite that, so that all of those uses are allowed in the C-G, not L-O. If I can do it correctly this time. Staff is recommending approval and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions for staff? Borton: Madam Chair? De Weerd: Mr. Borton. Borton: Josh, in the -- in the application packet you have this condition with -- stricken is except for the following uses which are prohibited. You have that stricken in the remainder, so -- Beach: Yeah. So, the -- the strikeout didn't come over when I imported the staff report and we can talk about -- Borton: But the staff report link, that's correct? Beach: Correct. Borton: Yeah. That makes sense. De Weerd: Okay. Any other questions at this time? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Wilmot: Richard Wilmot, 1119 East State Street, Eagle, Idaho. De Weerd: Thank you, Richard. And if you will note on the screen in front of you, there should be time listed. Wilmot: There is. De Weerd: So, you can track your time allowed. Meridian City Council October 6, 2018 Page 11 of 33 Wilmot: I will try to be brief. Council, thank you for your time this evening. As -- as Josh had mentioned, we are asking for development agreement modification to -- for this exist -- for this property. We have gone through a number of steps in terms of the property itself. We have -- we have completed and have an approved property boundary adjustment to create this parcel, which is effectively going to be a new Lot 7, Block 1. It was a combination of a variety of parcels that -- that we have since achieved the -- the property boundary adjustment and given that this property is on Meridian Road, we feel the way that the rest of the development has -- has gone it just makes sense to allow the full uses that are allowed within the C-G zone to be allowed on this property, which previously weren't before and so with that, as -- also as Josh had mentioned, we -- we have a use that -- that is compliant with all of the requirements of the C-G zone. The one thing to clarify, though, currently we are showing a 20 foot setback and I want to make sure that's, in fact, the case and not a 25 along the south. Is that -- Beach: No. It's 25. Wilmot: It is 25 for sure? Okay. So, if that's the case we can make that adjustment to our current concept plan that was submitted with the -- with the application. Beyond that we -- we agree once -- once Item M is stricken from the report we agree with -- with everything in the report. There was nothing that was -- that was adverse to -- to our opinion of how -- how it should be approved, so we are -- we are in agreement assuming that Item M is stricken from the report. With that I welcome any questions. De Weerd: Thank you. Council, any questions? Mr. Clerk, have there been citizens who signed up to testify? Coles: Thank you, Madam Mayor. In addition to the applicant, who just spoke, Billy Green, Jr., was also listed in favor wanting to testify. De Weerd: Good evening. Green: Good evening. De Weerd: If you will, please, state your name and address for the record. Green: Yes . Billy Green, Jr. 17725 Katy Freeway, Houston, Texas. De Weerd: And, Billy, if you can pull that mic as close to you as possible. Green: All right. Want me to repeat it? De Weerd: No. We got you. Meridian City Council October 6, 2018 Page 12 of 33 Green: Okay. Actually, this minor use is -- is actually Christian Brothers Automotive. We have been around for several years. Since 1982. We have 190 locations in 26 states. We have already been a part of the community. We have another location. We love being a part of this neighborhood and we are excited about potential additional locations. I don't think we have had any complaints or adverse situations at our existing location, which is awesome, adjacent to other uses and would like to continue to add an additional location. De Weerd: Thank you. Council, any questions? Green Thank you. Coles: No other signups. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Seeing none -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we close the public hearing on H-2008-0103. Milam: Second. De Weerd: I have a motion and a second close the public hearing on Item 9-E. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we approve H -- Item E, H-2018-0103 for the modified development agreement as noted in the October 16th staff report and conditions 5.1E and, then, 5.1M will be stricken as well. Beach: Madam Mayor, quickly. So, Item E wouldn't be stricken. Item M -- Borton: M is stricken. E is -- Beach: I have altered it on the staff report on your screen to how it should read. So, however you want to make that motion, but this is -- this is how it should read, so -- that's not what the staff report originally said. I have tweaked it on the screen, so you can kind of see what the intention was. Meridian City Council October 6, 2018 Page 13 of 33 Borton: Madam Mayor. The one in our packet says just that. What I'm looking at, so -- at any rate, we are going to get to the same end result. What's on the screen and M is stricken is the motion. De Weerd: Okay. I have a motion. Do I have a second? Little Roberts: Second. De Weerd: Have a motion and a second. Any further comment from staff? Josh, are we good? Okay. Any questions? Milam: Not if they are good. De Weerd: Okay. Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing continued from September 11, 2018 for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH- 20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Okay. Item 9-F is a public hearing continued from September 11, 2018, for Costco Wholesale, H-2018-0066. I will open this with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is the development agreement modification for the Costco site. This project was last heard by the City Council on July 24th. At that meeting Council voted to continue the project in order to allow the applicant time to work with the neighbors to come up with a building design more compatible with adjacent residential areas, taking into consideration feedback from neighbors presented at the public hearing. The applicant and the design team held two additional neighborhood meetings, August 14th and September 11th , at which they worked with the neighbors to come up with revised building elevations that have more of a residential feel, with earth tone colors, rather than industrial with gray tones. There was a couple tweaks made to the site plan as shown and I will just run through these quickly. Materials for the building consist of stone, brick, stucco, glass, steel and architectural metal siding panels. The project was Meridian City Council October 6, 2018 Page 14 of 33 renoticed for tonight's hearing and notices were mailed out to everyone within one thousand feet of the boundary of the site at the direction of City Council at the last hearing. I will just run through some additional drawings the applicant submitted. The structure is subject to the design standards listed in the architectural standards manual and will be reviewed for compliance with such with the design review application submitted with the certificate of zoning compliance application. Since the Council hearing on July 24th written testimony has been received from Justin McMurdi, John Wright, Emily Piscione, Jane Albert, Tom Callison and Dinah Gallo. Staff will stand for any questions. I believe the applicant is here to present. De Weerd: Okay. Council, any questions at this time? Cavener: Not right now. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Kahn: Good evening. Peter Kahn. Costco Wholesale. 999 Lake Drive, Issaquah, Washington. De Weerd: Thank you. Kahn: Nice to be here in front of you again. I think we have a good story to tell. We last met, as staff mentioned, on July 24th and we held two community meetings. I want to thank the community. They were very very well organized, had lots of good ideas. I feel that we have worked really hard to incorporate as many as those as we thought we could or work with a cohesive design that we all ended up with. I want to particularly thank Jane Albert, who was one of the community leaders and spokespersons for the community and Denise Hansen La Fever, who also was instrumental in organizing the community and getting their feedback and making sure we at Costco got that feedback. So, we have a design that's quite a bit different from what we showed you on the 24th. We moved away from the tech industrial design and we have come back I think with something, as the staff mentioned, that is warmer, more fitting for the residential area. The comments that we have gotten from the community, most of them are favorable. As you know you can't please everybody all the time, but I think we came a long way in pleasing most of the people that participated in the process and we will walk you through the design now. With me tonight are Steve Bullock from MG2, Charlie Ekblad from MG2. He was the principal designer on it and, then, Mark Weisman, our landscape architect. With that I will turn it over to Charlie, who was the principal designer, as I said, and he will walk you through the design. Thank you. De Weerd: Thank you. Good evening. Ekblad: Good evening. Charlie Ekblad. 1101 2nd Avenue, Seattle, Washington. 98101. Do we have our -- the submitted presentation or should I just go off of what we have here? Thank you. Yes. Okay. And, if not, I can go off of what we had, but -- thank you. So, as it's been discussed, we really wanted to focus on both site design Meridian City Council October 6, 2018 Page 15 of 33 and building design and how those can really come together and so we focused on -- heard from the neighbors on the site. They want amenity spaces for pedestrians, connectivity with the Chinden Road and Ten Mile and, then, also buffers for the buildings along the Costco south and west facades, and so here on the site plan we see -- or begin to see the nodes that are proposed throughout the site and focusing on that connectivity. The Costco site amongst the surrounding land. The buffers between the south and, then, the west sides of the building and, then, talking about how site design, landscape design, and building design comes into one, we heard the words pergola, we heard the words -- kind of creating this community spaces and amenities and so we wanted to create something in the site, but, then, also have it speak to the entry canopy and, then, also other parts of the building that pedestrians interact with and really focusing on that pedestrian scale, making what is really a rather large building get down in scale and really where the pedestrians interact and so this pergola design that is seen throughout the site is also seen on the entry canopy and so bringing in those warm colors of the materials and so we have cultured stone as a primary material -- material on the columns, secondary materials are half height, smooth faced CMU and, then, soldier coursing and trellis materials, creating these details that, again, are bringing the scale of a large building down to the pedestrian level. So, this shot begins to show -- here we have the doors down -- we call it an enclosed canopy. So, that is what it would look like for say two to three months of the year, but, really, when the weather cooperates -- as the weather permits they are going to be open. It's going to be inviting for people to come through all entrances, not just the main slider doors and those -- are even in the winter months, if the weather permits, those will be open and pedestrians could go through all of those entrances and openings between the columns. Again, talking about bringing the site design into the building and creating these pedestrian nodes. We wanted to create a space that connected with the parking lot, but, then, also the entry canopy. So, someone gets a hot dog, they now have a pergola and seats and benches that they can go enjoy that and communicate with one another. So, we had a lot of communication and conversation about the -- creating areas of focus and wanted to break up the facade, but not by discontinuing to attach things to the building and so pulling these pergola and trellis features off of the building into landscape islands, separating the buffer -- or the cars from the pedestrians and creating more of an experience along the building was a big focus of the redesign and something that wasn't really shown in the original, but through the communication with the neighbors we really wanting to create those experiences and create those spaces. The backside is -- so, this is the south side of the building -- south and west side and it's really meant to be modest. It -- it continues the same language of the rest of the building, same materiality, same corner treatments with the cultured stone, mixed with the smooth face and continuing that trellis, but we wanted this to be modest. It has a big buffer on the south side from any of the multi-family residential, but that's just -- that's what it wanted to be in, so that's what we let it be. And, then, continuing to the east -- on the north side we have those landscape islands pulled off from the walkway, but here with the functions of the tire center and everything we were unable to do that, but, secondarily, we did -- we were allowed to put some planters and so the focus of these planters, not only cooperating with the corner piece as it wraps around the pilasters of cultured stone, but was to create these points of interest between these landscape islands that you see Meridian City Council October 6, 2018 Page 16 of 33 on the right with the trees and so as you make your way around the building the facade continues to be broken up with the landscaping, again, interacting -- the building and the site all is one. And kind of in conclusion, this is the elevations and so what we really kind of tried to focus on is a consistent language and a consistent rhythm throughout the elevations and throughout the -- throughout the building overall. And, then, finishing off with the fuel facility in the northeast corner of the site and, again, talking about the cohesion of the design and the materiality, bringing in what you see at the entry canopy of the columns of the three types of stone, cultured, smooth face and, then, the soldier coursing on top, bringing that all together and so that concludes. Thank you. De Weerd: Thank you. Council, any questions for the applicant? Okay. Thank you very much. Mr. Clerk. Coles: Thank you, Madam Mayor. Jane Albert wishes to testify on this application. De Weerd: Good evening, Jane. If you will, please, state your name and address for the record. Albert: Good evening. I'm Jane Albert. 6628 North Salvia Way in Meridian. De Weerd: Thank you. Albert: So, I -- I must reiterate my opposition to the project and my acting as the liaison with Costco for my neighbors to discuss the design concepts in no way implies that I have changed that view, but in this endeavor I represented both those who are in favor of the project, as well as those who were opposed, for each -- in each case we desired a building and grounds that are compatible with the neighborhood and offer as much screening of the warehouse building and fuel center as possible. Our process was that I held two neighborhood meetings and presented views of 20 different elevations of Costcos from around the country, submitted by neighbors and sourced by me. Neighbors commented on each, as well as making general comments with their suggestions and concerns. We presented the information to Costco at their neighborhood meeting held on August 14th, as well as posting our original sheets for others to review and comment upon at that meeting. The sheets were, then, scanned and provided to Costco electronically, in addition to the information and comments that they received on various design elements that they presented in the meeting. I also submitted them on the record. After I disseminated all of the views of the design elements, including those presented by Costco to the list of neighbors with which I communicated on the project, requesting input from those who were not able to attend the Costco neighborhood meeting. At that first meeting I think that Costco noted on their signups -- there were about 40 people. I represent about 77 that are on that list, so I would say given the cross there we are probably talking about a hundred people who presented input for us or were given the opportunity. At the second Costco neighborhood meeting on September 11th they came with an updated landscape and building design and, again, solicited feedback from neighbors, which was provided. After incorporating that feedback and design and materials, Costco provided us with the Meridian City Council October 6, 2018 Page 17 of 33 update drawings, substantially the same as those provided to the city. I, then, again, a selected -- solicited input from our -- our neighbors and communicated those to Costco and those comments are included with their submission to the design and in closing all the neighbors are appreciative of the opportunity to truly participate in the process with additional neighborhood meeting -- meetings as called for by the Council, the required noticing expanded by the Council and Costco increasing their outreach to those who testified during the prior proceedings. We know that these steps didn't have to be made, we know that Costco really stepped up beyond, listened to the neighbors and we are very grateful for that. Thank you. De Weerd: Thank you. Coles: Rich Burke has also signed up to testify. Burke: Hello, Mayor and Council. My name is Rick Burke. 6092 North Santa Rita, Meridian. 83646. De Weerd: Thank you. Burke: I really don't have too much more to add to what Ms. Albert said, but I just wanted to continue and voice my opinion in opposition to the project. It's probably going to go anyway, but with strong opposition to the surrounding neighborhood. We still feel strongly that this Costco, as much as we all love Costco -- De Weerd: This -- this hearing is about the design. Burke: Design review. De Weerd: Yes . Burke: Yeah. Well, design review or not, I still want to -- I'm in strong opposition to it. So, there you have it. De Weerd: Thank you, Rick. Burke: Thanks for your -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Rick. De Weerd: Rick. Cavener: Would you be open to a question? Rick, thanks for being here. I think you have been at every meeting that we have had on this particular subject, so I appreciate Meridian City Council October 6, 2018 Page 18 of 33 you turning out. Recognize that we are talking about the design, as someone who has been involved in this process -- and I just am curious is -- does the design better meet kind of what the neighborhood was looking for from your perspective? Understanding you're opposed to the development, but the topic here tonight is the design. As someone who has been here for every meeting, I'm just curious if you would be willing to provide some perspective about the design and the layout of the building. Burke: Well, it's -- you have to give kudos to Costco, to -- and their folks who worked with them -- with the design. It's much better than what the original plan was. I have to, you know, give credit where credit is due. They have been very gracious in putting up with us and -- and working with us on the design, as well as the concern of it going in to begin with. So, yeah, kudos to Costco for the design. Cavener: Madam Mayor, follow up. Were there -- are there any elements that they haven't included that -- that you wish would have been included or something that was taken out that you really like? Burke: Well, I think it is what it is. It's -- Costco's tried to do their part, but -- Cavener: Fair enough. I appreciate it. Burke: Thank you. Cavener: Thanks, Rick. De Weerd: Thank you. Coles: There were no other signups, Madam Mayor. De Weerd: Okay. I would like to open it up and see if there is anyone who wishes to provide testimony that did not sign up. Okay. Seeing none, would you like to close, the applicant? Kahn: I don't believe there is much to add. I appreciate the kudos and I would just reiterate, you know, much what Jane and Rick said, that everybody tried their best to work together and I think we did pretty well, you know, considering, you know, many folks are still opposed to the project and we understand that, but I felt like we were able to bridge that gap and do something constructive and creative and I think it was a pretty positive process. With that thank you. De Weerd: Thank you. And I would just like to thank Jane for your coordination and being able -- you and Rick to set your opinion about the project itself aside and look at this as an opportunity to -- how many communities actually are asked to design their Costco. Probably not many. To the applicant, appreciate you having the understanding that their -- the emotions are still there and still high, but reaching out and listening to what the neighbors said. I think it's a great statement that this is not a full house Meridian City Council October 6, 2018 Page 19 of 33 because of those efforts that you offered to be heard. So, thank you for that. Council, any questions for the applicant or those that testified? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Unless anybody does, thanks for sticking with us. Oh, man. I move we close the public hearing on Item 9-F. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0066. Milam: Second. De Weerd: Okay. I have a motion and a second to approve Item 9-F. Any discussion from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Kind of echoing what Madam Mayor has already said, but thank you for your cooperation and I know that on both sides this has been a really tough and emotional kind of roller coaster for -- for all of you involved and thank you for -- for being here and for coming back and -- and working together to come up with a -- with a resolve. It is a much nicer building and, you know, people were hard on us for making you go back and redesign it, but I really like what you came back with a lot better than what you had before and so working with the neighbors, obviously, helped and the landscaping is beautiful. Hopefully all your -- your flowers are purple all year around. That's all. De Weerd: Any other comments? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council October 6, 2018 Page 20 of 33 Bernt: I wanted to take a second and thank Jane and Denise La Fever, who is not here this evening. Usually she is. And other familiar faces in the front row who have been here. Rick and others who have been here expressing concern and support of this project. I think this is a perfect example of what can happen when there is collaboration involved between development -- development and -- and local neighbors. If there is one thing that I have learned since I was elected to sit in this seat is that, you know, we are never always going to agree. That's just something that's -- it's very difficult to attain, but I always strive for discussion and an open door policy and I believe that there is always common ground that can be attained and -- and I believe in this -- this effort. I want to thank Costco and the local neighbors for their collaboration and what they have been able to do to come out with an end result like this. So, thank you so very much and, hopefully, those who are listening and watching can learn from this and, hopefully, we can continue this type of collaboration going forward. Thank you. De Weerd: Any further comment? If not, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. Thank you again. MOTION CARRIED: ALL AYES. G. Community Development Report: Findings of Fact, Conclusion of Law for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio, Located at 7695 S. Locust Grove Rd. De Weerd: Okay. Item 9-G is under Community Development, a discussion of the Findings of Fact and Conclusions of Law. Mr. Nary. Nary: Madam Mayor, Members of the Council, before you are the findings that were directed after the public hearing on this matter back in September. Subsequent to that the -- there was a request to -- for the staff to review the record of this case and provide other findings that were discussed at the time as part of the public record, so that Council could consider, if they wished, there would need to be some process and a motion to reconsider if you would like to do that. Your option is -- tonight is to either approve the findings as presented to you in the staff report or in your agenda or to -- if you want to consider the options we can discuss how to do that if that's what you would like to do. De Weerd: Okay. Thank you. Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council October 6, 2018 Page 21 of 33 Milam: I move to reopen the public hearing for the sole purpose of considering additional conditions. Bernt: Second. De Weerd: I have a motion and a second. Discussion from Council? Okay. I have a motion to reopen the public hearing, in particular to approval for findings for approval. Is that correct? Mr. Clerk. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: For findings or for conditions? De Weerd: For conditions. Nary: Conditions. De Weerd: For conditions. Milam: The sole purpose of considering -- De Weerd: Conditions. Milam: -- conditions. De Weerd: Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Nary, that will be set forward for -- Nary: So, Madam Mayor, Members of the Council, we -- we would recommend setting this for a new hearing date, so that we can properly notice. We can note -- because it's been on the agenda we can move it forward as a simple agenda item or if your direction would be that we send out notice we could send out notice as we did previously, we can send it out to 300 feet or a thousand feet, whatever you would like. If you want the signs to be put back up and request the applicant to do that. We could do the newspaper notice as we do normally here. If your preferences to do that full notice, we can do that. It would take approximately a month, Mr. Clerk, for all that timing wise? Meridian City Council October 6, 2018 Page 22 of 33 Coles: Correct. The soonest we could get it on, if we did a full notice, would be the November 20th hearing. De Weerd: And full notice would be the publication -- the required publication time. If you were to do an amended process of reaching out to those that provided testimony or signed up, what would that look like? Coles: That would simply be I believe at the discretion of the Council, Madam Mayor, in terms of timeline and time frame. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would hate to push this for the applicant out until Thanksgiving. Can we ask him, now that it's open, if he has a date preference or -- and, then, we could figure out how we can -- Murgoitio: Mike Murgoitio. Managing member of Timber Creek Recycling. 7695 South Locust Grove, Meridian, Idaho. 83642. Madam Mayor, Members of the Council, I would prefer, like you're saying, if we could move this to like the next week or the week after would be preferable. To move it out to the 20th would be -- definitely keep pushing our process back to try and get things in motion with DEQ and the Health Department. So, I would prefer to try and, you know, have this as early as possible if we could. De Weerd: Thank you. Any questions for Mike? Bernt: No questions. De Weerd: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One question. How long would this process be pushed back if we were just to send out notices via mail? Coles: Madam Mayor, Members of the Council, I would recommend at least two weeks in order to print the -- the mailings and, then, get them out in the mail and, then, give those that received the notice adequate time to respond to that. De Weerd: November 7th? Meridian City Council October 6, 2018 Page 23 of 33 Coles: Three weeks -- our next meeting is October 23rd. There is no meeting the following week, it's a fifth Tuesday, and, then, after that the next is November 7th. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a suggestion, then, for Council is to maybe potentially schedule a special meeting on that fifth Tuesday to address this. I don't think it's appropriate for us to push it out any longer. If we can get information out within two weeks, have a special meeting, solely around this particular item. It would not be too time consuming for everybody's schedule. Because this body wants to reconsider this, we already had rendered a decision because we wanted to reconsider this. I don't think it's appropriate to continue it out any longer than what it takes for staff to be able to get the information out. If staff can get it out within two weeks, then, let's meet within two weeks on this. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess one question for the applicant is -- as he's already had a chance to review the conditions, if he has -- if he is -- if he is -- De Weerd: I don't think we can do that. Nary: Madam Mayor, Members of the Council, so two weeks is less than the 30th. So that means -- because what we -- notices won't go out until tomorrow. So, if -- if you're comfortable with that -- I mean that's certainly adequate, because, again, we could do agenda notice. I'm more hesitant at -- the more the better, so if you wanted the 30th for a special meeting that would be fine. I mean we could request -- the two most ways that people see these things is from the notices that go to their homes and the signs that are on the property and we find lately that many find it on NextDoor, but I don't know about this area of the city there is a lot of NextDoor participants in that area. So, those are the three ways to see it the most. So, definitely the mailed notice will be helpful, but it doesn't hit everyone. Coles: And, Madam Mayor, if I may interject here, the standard time frame or the time frame required by the law on a traditional public hearing when we have a first time public hearing coming before the Council is 15 days. The law requires that it's a 15 day notice. So, that's what the law requires when it's the first time coming before the Council. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council October 6, 2018 Page 24 of 33 Palmer: Since we don't have to notice at all, this is just -- we could do it next week if we send out notices tomorrow. Nary: You're more vulnerable if you don't. If you -- if you set it that short I -- I think it's more concerning to me to do it like that. That's why I suggest that you send out notice and notice it in a better fashion, so at least people have the opportunity to participate. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Nary, would you recommend putting a sign on the property? Nary: That -- because it's not the applicant's choice, the applicant would have to consent to do that. We couldn't order them to require it on the property. It is a -- it is a much more visible way to do it. If you want to order full noticing, that is the normal course. This one is a little unusual. So, again, the applicant would have to consent to doing that and there is generally a cost to that, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Given that we are considering a special meeting anyway, does it have to be on a Tuesday? Would anyone be more comfortable with Thursday, the 1st? I would just as soon go with our previous decision, but -- Cavener: I'm not opposed on -- for meeting on the 1st. A special meeting. Borton: I had no idea. Allen: Madam Mayor? Excuse me. I -- I believe we have a commission meeting that night. De Weerd: Yes. The 1st and 3rd. Right. You do. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for you or Mr. Nary or Sonya or C.Jay. Council can meet in Conference Room A and B at City Hall or -- or the Commission can meet in Conference Room A and B or in -- it sounds like we are overcomplicating this. If Council wants to meet for a special meeting on -- on the 1st, you can find a location. There are plenty of spaces in this building for a -- Meridian City Council October 6, 2018 Page 25 of 33 Milam: Madam Mayor? Cavener: -- overly complicated. Milam: I would like to recommend the 29th. Cavener: It's not enough time. We need 15 days. Coles: And, Madam Mayor, if I may respond and put some clarity to what Council Member Cavener has said. Absolutely, Council and -- and/or Commission can meet anywhere. There are some challenges that are presented with live streaming meetings in other locations than this room that we have found in meeting in other locations, just -- if -- if another room is selected that does present some challenges in terms of live streaming and recording for the -- for the public record. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think we can meet here and Planning & Zoning can meet in the Conference Room A and B. Coles: Again, Madam Mayor, and Council Member Bernt, that does present some challenges for life streaming and getting the record for the meeting to happen in that location. Just as a point to consider. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We are -- I think we are wildly off. Suggest it's the 7th or the 30th. We do stuff on Tuesday night. Tuesday night if it's -- if it's the 7th -- the -- what would make me lean to the 7th is it's got to be fair to the applicant to get time to look through it and understand what this may or may not be comprised of. The 6th is election day, so Wednesday, the 7th. And, then, if we are -- if the intent is giving notice to the public and so they receive it and act on it, then, let's give them that time. So, I lean to the 7th, but if -- if the Council wants to go to the 30th, I'm fine with that as well. But pick one of those two and let's go. Madam Mayor? De Weerd: Mr. Borton. Borton: I will make a motion and just -- we will get discussion going -- to continue this for that hearing on H-2018-0042 to November 7th. Bernt: Second. Meridian City Council October 6, 2018 Page 26 of 33 De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Clarification then. The renoticing costs, is that borne by the applicant or is that going to be borne by the city? Borton: Us. Madam Mayor. I would think we would absorb that cost. Cavener: Thanks. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess I would like to just make sure that includes the posting of the sign if the applicant agrees -- is agreeable to that. I don't think they should have any expense with it. De Weerd: Okay. And post the site? So, the applicant has agreed to post the site and any cost associated would be borne by the city. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess I just want one last time clarification on this. I'm going to be absent on the 2nd. That Council will either approve additional conditions or it will be approved the way it has already been approved and those are the only two options; is that correct? Nary: Yes. Madam Mayor, Members of the Council, you are not reconsidering your decision, you are only considering whether additional conditions were to be included in this amendment to the development agreement, if any. So, you made a motion for one and you have a list of other ones that were discussed. So, it's one, some, or none, so -- but not of the decision you have already rendered. Milam: Perfect. Thank you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council October 6, 2018 Page 27 of 33 Little Roberts: Madam Mayor. I guess my concern with posting on the site is people see hearing and the date and they will potentially assume that we are rehearing the entire process and not stop and read the fine print that we are only considering potential conditions. So, I would be hesitant to post it on the site. De Weerd: Good point. Borton: Yeah. Madam Mayor, I think that's a great point. Bring attention, but maybe that causes more problems and confusion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And that's going to be the result with any kind of noticing that we send out on it. De Weerd: I think the wording can be that reopening this hearing is for conditions of approval. I guess the clerk and our attorney can find the appropriate language to make sure that those sideboards are on. Nary: And, Madam Mayor, Members of the Council, most of our intention in the wording of any of these is to drive them to the application that's in front of you, so that they do see specifics. There is generally never enough room on a sign to tell them everything that could be considered. So, that's the intent. I agree that there certainly will be misunderstanding, but there is often. So, I think the best we can do is at least try and get the notice out there. De Weerd: So, the -- the motion was for the 7th of November. Any further discussion? All those in favor say aye. Any opposed nay? Okay. This will be set for November 7th with the appropriate sideboards of discussing conditions of approval. MOTION CARRIED: ALL AYES. Coles: And, Madam Mayor, Members of Council, just to be clear, we will send out mailed notices to every one within that one thousand foot radius that received the original notice, plus we will cross-reference that with anyone that provided testimony and their address and mail it to them and, then, obviously, NextDoor as well, if there are any neighborhoods down in that area, just like we did before. De Weerd: Okay. Coles: Try to hit as many people as we can. H. Real Estate Purchase Agreement between the City of Meridian and the Meridian Development Corporation for property located at 33 E . Idaho Avenue, Meridian, Idaho known as Old City Hall. Meridian City Council October 6, 2018 Page 28 of 33 De Weerd: Okay. Thank you. Okay. Item 9-H is Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Item 9-H is the real estate purchase agreement between the city and the MDC in regards to the old city hall project. It has been signed and approved by the board of MDC. This is to move the ownership of that building. Potential -- our projected closing date is February 28th of 2019. We have informed Mr. Ritter that this is in the works. He is on the board of MDC as well, so he is aware of that. We will work with him between now and then on that transition. We have been in talks with him for about a month. So, he's aware of that and he knows his tenants are aware of it, so we will work with him on that in getting that done. The target for MDC to have the building demolished is March, April of 2019. So, this kind of aligns with that and that was the reason for the delay in the transfer. De Weerd: Okay. Any questions for Mr. Nary? Okay. Do I have a motion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we accept the real estate purchase agreement between the City of Meridian and the Meridian Development Corporation for the property located at 33 East Idaho Avenue in Meridian, also known as the old city hall. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-H. Is there any discussion? Hearing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. I. Approval of Collective Labor Agreement between the City of Meridian and Local 4627 De Weerd: Item 9-I is approval of the collective labor agreement between the City of Meridian and Local 4627. Mr. Nary. Nary: Thank you, Madam Mayor. After a very robust six month process of putting this labor agreement together, we have an agreement that was ratified by the union through the members of the union's executive team, Tyler Rountree, the union president, as well as Grant Hamilton, their lead negotiator, in this last -- this year's round of negotiations. Meridian City Council October 6, 2018 Page 29 of 33 They were both present and did want to make comment. Before they come up I would like to say this has been a very, very active participatory process on both sides in this go around. This is my eighth agreement for the city and this was one that had a tremendous amount of give and take, a lot of discussion, a lot of very good work that was done in trying to develop this contract and put together something that was reasonable and I really commend both of these two gentlemen for leading that effort, for their -- their members and I think it was a success for -- for both of us. So, I was appreciative of them and -- and that's all I want to add. De Weerd: Thank you. Tyler. Grant. Thank you for joining us. Rountree: It's been a busy day today. De Weerd: I know. Rountree: A little on the busy side. Madam Mayor, Council Members, I would like to echo the comments that Mr. Nary made. Thanks to Councilman Palmer for taking time away from his family to meet in the evenings, taking the time away from his work to meet during the day. Council Member Borton filled in, as did Council Member Bernt. I really feel like the conversation that we had at the beginning of the year and my promise to this Council was upheld, we got through the process and it was pretty good with both sides working through a lot of this stuff that was brought in front of us. Certainly we are really looking forward to working together collaboratively as we move forward in the future. I also would be remiss to not say we appreciate everything councils have done for us in the past and what the current Council is doing for us in the future and we are just like you guys, patiently awaiting the arrival of Station 6. Thank you very much. De Weerd: Thank you. Grant, do you want to add anything? No? Just to iterate what's already been said, we appreciate everyone coming to the table to -- to have dialogue and where that dialogue has brought us to act on this collective labor agreement. I would like to extend my thanks to our Council representatives who have participated in this process, certainly to the union representatives and to the union who has voted on this as well. So, thank you for your leadership. Council? Palmer: Madam Mayor? De Weerd: Yes , Mr. Palmer. Palmer: I just want to say how appreciative I am of the education that I received about knives, flashlights, and worms. No. It was -- I mean having anybody who knows me, me growing up and my attitudes towards unions, it was very refreshing to be able to have the conversations that we did in the cordial manner that they took place and I learned a lot and can definitely say that my attitude has changed and I -- I hope that there is others around the country like you guys that make it easier on those of us close minded conservatives to be able to enjoy that kind of experience. So, thank you. Bernt: Madam Mayor? Meridian City Council October 6, 2018 Page 30 of 33 De Weerd: Mr. Bernt. Bernt: I will just be real quick. Thank you, Battalion Chief Rountree, for your leadership and thank you, Grant, for your leadership as well. Night and day difference. Just goes to show what happens when -- when you come together and -- and -- and come to an agreement. So, thank you so much for all that you did. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will be brief. It's rare that we get such distinguished members in our audience, like Mr. Rountree and Mr. Hamilton. Gentlemen, appreciate your work and the union's work on this thing. I think negotiations are sometimes like City Council meetings, there is arguments, there is heated discussions, there is passion and at the end we all try and do what's best for our city and I think that this is another case of both sides working to do what's best for the city. I would also like to thank Mr. Nary and the chief for their work. Sometimes on Council we sit on the outside and we hear information and appreciate everybody always working together to come to a positive resolution and I don't think that would happen if this was a one-sided conversation. So, thanks to all of you. Bernt: Ditto. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I would like to echo what everyone has said. Thank you so much for the very diligent work on both sides. I am so excited to be the new liaison and I have made a note that I need to learn about knives, flashlights, and worms, along with many other things. I had planned to make the motion to approve, but since Mr. Palmer did all of the work, I would pass the honor on to him if he would like it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve the collective labor agreement between the City of Meridian and Local 4627. Little Roberts: Second. De Weerd: I have a motion and a second and just a special note in the record that that was Mr. Palmer that did that motion. Milam: Is it like a newspaper headline I think? Meridian City Council October 6, 2018 Page 31 of 33 De Weerd: If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 18-1793: An Ordinance (H-2018-0052 – Fairbourne Subdivision) For The Re-Zone Of A Parcel Land Located In The Se ¼ Of The Se ¼ Of Section 21 And The SW ¼ Of The SW ¼ Of Section 22 And A Parcel Located In The 3 E ½ Of Section 21 And The W ½ Of The SW ¼ Of Section 22, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From R-15 (Medium High Density Residential), R-8 (Medium Density Residential) And C-C Community Business) Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density Residential) (62.41 Acres) Zoning Districts In The Meridian City Code. De Weerd: Item 10-A is Ordinance 18-1793 and, Mr. Clerk, will you, please, read this ordinance by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1793, an Ordinance file H-2018-0052, Fairbourne Subdivision, for the re-zone of a parcel of land located in the SE¼ of the SE ¼ of Section 21 and the SW ¼ of the SW ¼ of Section 22 and a parcel located in the 3 East ½ of Section 21 and the West ½ of the Southwest ¼ of Section 22, Township 4 North, Range 1 West, Boise meridian, City of Meridian, Ada county Idaho; establishing and determining the land use zoning classification from R-15 (Medium High Density Residential), R-8 (Medium Density Residential) and C-C, Community Business Zoning Districts to C -C (Community Business), (6.48 Acres), and R-8, Medium Density Residential, 62.41 acres, zoning districts in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this read by title. Would anyone like to hear it read in its entirety? Seeing none, Council. Meridian City Council October 6, 2018 Page 32 of 33 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve Ordinance No. 18-1793 with suspension of rules. Bernt: Second. De Weerd: I have a motion and a second to approve Item 9-A. Mr. Clerk, will you call role. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11 : Future Meeting Topics De Weerd: Any items under 11? I just had a couple of reminders that the Meridian Star Awards will be tomorrow evening at 6:00 p.m. We have -- we have a number of nominations for these awards and recognition. We would love to have Council join us tomorrow evening here at City Hall. We do have an Unplugged Town Hall on October 24th, a week from tomorrow, at 6:30 at Lakeview Golf Club and we are taking questions right now from our citizens on what topics they would like to be addressed. And trunk or treat on October 25th. Starts at 6:00 p.m. It will be right out in front and we will expect a lot of ghosts and goblins and little munchkins running around trick or treating. So, come join us for that fun as well. And if you know anyone that would like to have a trunk, we would encourage you to have them reach out to our Parks Department. They certainly are still willing to take as many of our community partners has wants to have a trunk and bring lots of candy. Item 12: Executive Session per Idaho State Code 74-206(1)(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 and 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code De Weerd: So, with that said, Council, I would entertain a motion to adjourn into Executive Session. Borton: Madam Mayor? Meridian City Council October 6, 2018 Page 33 of 33 De Weerd: Mr. Borton. Borton: I would move to go into Executive Session pursuant to Idaho Code 74- 2016(1)(a) and (1)(d). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (7:27 p.m. to 7:59 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Cavener: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. De Weerd: Do I have a motion to adjourn? Cavener: So moved. Milam: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) l 7 / )l k MAYOR Y DE WEERD DATE APPROVED Meridian City Council October 6, 2018 Page 34 of 33 ATTEST: C. JAY C LES, C CLERK D AVG\ S�. V 'y &�City Cty of w fEkIDIAN�. IDAHO �� SEAL ��