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HomeMy WebLinkAbout2019-03-05Meridian City Council March 5, 2019. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March 5, 2019, 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, Clint Dolsby, Jeff Lavey, Shawn Harper, Joe Bongiorno, Crystal Ritchie, Steve Siddoway, Cameron Arial, Christena Barney 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: Okay. I will go ahead and call tonight's meeting to order. First I would like to thank you for joining us and special thanks to Troop 173, the Scorpions. They are sponsored by the Green Hill LDS Ward. Thank you for joining us and good luck on you r -- either a merit badge or community service -- something. Something. What is -- what are you here doing? Bernt: Shenanigans. De Weerd: Shenanigans. Wow. Well, thank you for joining us. Item No. 1 is roll call attendance. Mr. Clerk, will you, please, call roll. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake of Calvary Chapel Meridian De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Troy Drake with Calvary Chapel here in Meridian. Thank you, Pastor Troy, for being here. I would like to ask you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Meridian City Council Meeting Agenda March 19, 2019 – Page 41 of 652 Meridian City Council March 5, 2019 Page 2 of 62 Drake: Mayor and Council Members, let's pray. God, thank you so much for this time we can gather. Now, you said that if we would -- you just ask us to humble ourselves and to call on your name, so that's what I'm doing here tonight and I just thank you, God, for this country that we live in, that we have the freedom to pursue you or not or that we have the freedom to elect the people who represent us and to live where we want and our dreams and -- and we just appreciate that, because not everybody has that and -- and, God, we just also are grateful for this great city that we have here in Meridian and I just pray for all those who are in leadership over it, you know, the -- of course, the folks that are gathered here in front of me, as well as all of the leaders and those who keep watch over things to keep it safe, the -- the first responders, law enforcement officers, God, we just appreciate them so much and thank you that we have this -- this place and we pray that there would be peace tonight and that those who are afraid would find a place of solace and -- and those who are hungry would also find a place where they could receive what they need. So, God, lastly, I just want to pray for the Council and the Mayor, that you give them a lot of wisdom and I know you care about all the -- the small things, Lord, and they are not small to you and so we just ask that you would preside over all these things and -- and bless these people who represent us, in Jesus' name, amen. God bless you guys. Thank you. Item 4: Adoption of Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We are going to move from the Consent Agenda 6-P, as in Paul. It's going to be a new 7-A. And Item 8-A is being amended onto the agenda and that's the Mayor's Youth Advisory Council update. And with those two changes, I move that we adopt the amended agenda. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. 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: Mr. Clerk, under Item 5 I believe we have one sign up. Coles: Thank you, Madam Mayor. We do. Kim Foss would like to address the Council. The topic is unleashed dogs. Meridian City Council Meeting Agenda March 19, 2019 – Page 42 of 652 Meridian City Council March 5, 2019 Page 3 of 62 De Weerd: Okay. Foss: So, my name is Kim Foss and by way of background I moved to Meridian in January of 2018. I served in the Marine Corps for 22 years and as such I have lived in many many places. The reason I'm here is to raise awareness about unleashed dogs. They are presenting a threat to our community and there doesn't seem to be a lot of action. I have a small puppy. He's an emotional support animal and we were attacked while walking in La Mirada. Several weeks later I saw a gentleman walking with an unleashed dog while I was driving in my car. I pulled over and I said do you know that there is a leash law in Meridian and he started gesturing very aggressively at me and said I know, I don't care, move on. Mind your own business. I have testimonials from several people who have -- I mean there have been two children attacked recently by unleashed dogs. My son is 14. He was coming home on his scooter at 7:00 p.m. He was knocked off his scooter and attacked by yellow Lab. He was able to get away with scrapes and swelling on his ribs and hands. My 11 year old was bit in Burney Glen a few weeks ago by a dog that got loose from an owner. And there doesn't seem to be a lot of proactive things going on. I mean there is -- and, Lady Mayor, your office responded and said we work in concert with other people. Call animal control. But by the time you call animal control the dog is gone. So, I am asking for people -- I mean what's it going to take, somebody to get killed by an animal? There are children running everywhere in our neighborhoods. So, I mean that's -- that's what I have got. I just -- I just think we need to do more. De Weerd: Thank you, Ms. Foss. We appreciate your passion and that you reached out and the public comment portion is to take testimony and we will see if Council would like to have further conversation and let you know when that would be on the agenda . So, we could perhaps ask our police department , you know, what are we doing proactively. Certainly we can invite our animal control folks in as well. Foss: Okay. Thank you very much for your time. De Weerd: Thank you. And -- and I know everyone has a story on this. It is an issue. My mom was attacked and had serious wounds, so -- and she doesn't live here, so -- they live in another city. But it's an issue in all of our communities that we do care about. Foss: Okay. Thank you so much. De Weerd: Thank you. Foss: I appreciate it. Item 6: Consent Agenda [Action Item] A. Approve Minutes of February 19, 2019 City Council Special Meeting B. Approve Minutes of February 19, 2019 City Council Regular Meridian City Council Meeting Agenda March 19, 2019 – Page 43 of 652 Meridian City Council March 5, 2019 Page 4 of 62 Meeting C. Permanent Easement Contract for a Not-to-Exceed Amount of $5,718.09 for the Five Mile Creek Pathway Connection James Court Sidewalk Widening D. James Court Sidewalk Widening Easement E. Seyam East Subdivision Sanitary Sewer and Water Main Easement F. Final Plat for Third Street Square Subdivision (H-2019-0009) by Trenten Seltzer, Located at 324 NE 3rd St. G. Final Plat for Bicentennial Farm Subdivision No. 3 (H-2019- 0018) by Toll ID I, LLC, Located at 3880 E. Lake Hazel Rd. H. Final Order for Edgehill Subdivision No. 1 (H-2019-0003) by Trilogy Development Inc., Located at 1393 and 1405 W. Victory Rd. I. Final Order for Hill's Century Farm No. 12 (H-2019-0008) by Brighton Investments, LLC, Locate on the North side of E. Lake Hazel Rd., 1/4 mile East of S. Eagle Rd. J. Final Order for Hill's Century Farm No. 13 (H-2019-0010) by Brighton Investments, LLC, Locate East of S. Eagle Rd. and North of E. Lake Hazel Rd. K. Findings of Fact, Conclusions of Law and Final Order for Avebury (H-2018-0141) by AD800, LLC, Located on the North side of E. Pine Ave., West of N. Locust Grove Rd. L. Development Agreement for Shelburne East (H-2018-0112) with Shelburne Properties, LLC located at 4080, 4115, 4205, 4301 & 4330 E. Bott Ln., in the SE 1/4 of Section 28, Township 3N., Range 1E M. Memorandum of Understanding between the City of Meridian and the Nampa Highway District (NHD) to grant to City a non- exclusive license for the installation, repair, and maintenance of water and sewer improvements in NHD right-of-way N. 1st Interstate Bank Parking Lot Use Agreement for Main Street Market Meridian City Council Meeting Agenda March 19, 2019 – Page 44 of 652 Meridian City Council March 5, 2019 Page 5 of 62 O. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 5233 W. Franklin Road Q. Award of Change Order No. 10 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To -Exceed amount of $88,646.26. R. City Financial Report - January 2019 S. AP Invoices for Payment 2/28/2019 - $107,009.20 T. AP Invoices for Payment 3/6/2019 - $556,885.75 De Weerd: Any further sign-ups? Okay. Thank you. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: With one removal of Item P, I would move that we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda with the removal of Item P. 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] P. Approval of Task Order with McCall Studios for Renaissance Park Identity Public Art Project Not-to-Exceed $40,000 De Weerd: Item 7-A is from 6-P, which is approval of task order with McCall Studios and Mr. Burton. Borton: Madam Mayor, the request was made by Councilman Palmer to remove this for some discussion. De Weerd: Okay. Meridian City Council Meeting Agenda March 19, 2019 – Page 45 of 652 Meridian City Council March 5, 2019 Page 6 of 62 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The reason I asked for it to be removed, as I'm sure everyone is shocked and wondering why on earth I would want to have a discussion -- have an opportunity to vote no on it. In a year where we are currently on a budget that we -- that this Council took the full three percent tax increase that we could, essentially, as a statement that by taking the max that we were allowed to do, that if we were allowed to do more we would have , because we don't believe that we are able to fully operate on the max amount of funds that we can force come our way. So, in a year that we are doing that I don't feel it's appropriate for us to spend what would equal the entire Meridian city portion of 80 of our families' property taxes to what would no doubt be beautiful signage and art upgrade to a park, but, again, that's 80 families' entire Meridian city portion of their property taxes going to this in a year that we said that we were taking everything that we possibly can -- isn't quite enough to meet what this Council feels would be appropriate funding for the city. De Weerd: Okay. Thank you. Any other comments? If not, I would entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I don't necessarily agree or necessarily track the -- the basis for the objection necessarily. I think art is an integral part of our community as it grows and I think we went through that when this was approved previously. So, I would move that we approve the task order for McCall Studios from Renaissance Park Identity Public Art Project not to exceed 40,000 dollars. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. Thank you. MOTION CARRIED: FIVE AYES. ONE NAY. Item 8: Action Items A. Mayor Youth Advisory Council update De Weerd: Item 8-A is under the Mayor's Youth Advisory Council and I see Ben here to give you an update on what our youth council members are up to. Meridian City Council Meeting Agenda March 19, 2019 – Page 46 of 652 Meridian City Council March 5, 2019 Page 7 of 62 Bernt: Hey, Ben. Hutchins: Hey, Madam Mayor. Hi, Mr. Bernt. So, an update on the Mayor's Youth Advisory Council is we recently had our first volunteer service fair. With this we partnered with the Meridian Library and we had over 80 people come last Saturday to experience what a volunteer service fair would be like and possibly talk about having a recurring event for the future. It was a great success and we are nearly positive it's going to be happening every year now. We also had our Valentine's Day party on Valentine's Day. We had over 15 people come and it was bringing everybody together, everybody was playing games and it was a great time. And, then, we also have officially decided on our participatory budgeting project. We took it to a vote on our previous meeting . We met with professionals. We had some City Council members with us. Thank you. And we made the most educated decision we could based off the vote and we are ready to be moving forward into the future with it. De Weerd: Which means you will be back to Council to present it. Hutchins: Exactly. Exactly. We are just finishing everything up, making sure that our presentation is as great as we possibly can get it. De Weerd: Thank you. And you have Do The Right Day coming up. Hutchins: Yes, we do. We have Do The Right Day coming up that we are currently planning on. We are hoping it's as big of a success as it was last year. We have tons of stickers, tons of ideas. Our next meeting we are going to be planning primarily -- well, the majority of our Council is going to be at NLC. We are going to be planning on Do The Right Day and figuring out exactly what we want to do and how to make it even better than it was last year. De Weerd: And what date is Do The Right Day? April 4th? Hutchins: April 5th. 4th. 5th. De Weerd: 4th. Hutchins: 4th. I say Do The Right Day is every day actually, so -- De Weerd: And what is Do The Right Day? Hutchins: Well, Do The Right Day is a movement of kindness that we celebrate every year in the City of Meridian where we look to someone on our right and someone on our left, we do something good for them and we make sure that we do everything that we can in the city to just make sure that everybody is doing the right thing and we are helping each other out. De Weerd: Thank you, Ben. Meridian City Council Meeting Agenda March 19, 2019 – Page 47 of 652 Meridian City Council March 5, 2019 Page 8 of 62 Hutchins: Thank you. De Weerd: Thank you for letting me put you on the spot. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Ben, is -- are any of the members of MYAC doing anything significant next week? Come on, man. Hutchins: Yes. De Weerd: Going to NLC; right? Hutchins: Yeah. NLC is next week. Palmer: Madam Mayor. And what is NLC? Hutchins: Well, NLC is the National League of Cities conference in Washington, D.C., which I was blessed enough to go to last year, which was really great and integral to my leadership training. We were able to receive speeches from guest speakers such as Cory Booker, we were able to hear from Ben Carson , we were able to hear from all these different perspectives that we normally wouldn't be able to hear from and I think it was a really, really great foundation to the leadership training that the Executive Council got last year and I know that with the amount of people that were selected this year they are all going to do great things with the information that they get and bring back to MYAC and the community at large in Meridian. Making up for my April 5th. De Weerd: Any other questions from Council? Hutchins: Thank you. Item 9: Action Items De Weerd: Okay. We are at Item 9 under Action Items. Under this I wanted to just give you an idea of what the process is under Action Items. I know it's all detailed out in your agendas, but these are land use items looking for City Council's recommendation on how to move forward. We start with staff 's presentation that gives an overview of the application and staff's review that meets our plan and, then, the applicant gets up, has 15 minutes to give a presentation. After that presentation we open it up for public comment. The City Clerk will read off the names that have signed up in advance. At the end of that, if you have not signed up, but want to provide testimony, I will open that up and invite you forward. Our public testimony process is three minutes and you can track your time on the podium on the screen, so you know exactly where you're at. After public testimony is taken, the applicant has an opportunity to respond to any of the questions or comments Meridian City Council Meeting Agenda March 19, 2019 – Page 48 of 652 Meridian City Council March 5, 2019 Page 9 of 62 that are made during that public testimony period. At that point City Council can ask staff, the applicant, or any follow up with any of the citizens that they might want further information at that point. Then they will close the public hearing, make a determination. B. Public Hearing for Rackham Subdivision (H-2019-0005) by BVA Development, Located 1020 S. Eagle Rd. 1. Request: Modified Development Agreement Modification to the terms of the previously required Development Agreement for Langly/Power Mall to update the development plan for the site and associated provisions. De Weerd: So, with that I will open the public hearing for Rackham Subdivision H-2019- 0005 and ask for staff comments at this time. Allen: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a development agreement modification. This site consists of 51.59 acres of land. It's zoned C-G and is located east of South Eagle Road on the south side of I-84. A little history on this property. This property, along with the property to the south, was annexed into the city in 1995 with the C-G zoning district and a conditional use permit planned development application was approved for a 700 ,000 square foot retail center as shown on the conceptual development plan here at the upper left -hand corner of the screen. That PD has since expired . As a condition of annexation the applicant was required to enter into a development agreement prior to submittal of a preliminary plan application to include the provisions in the Findings of Fact and Conclusions of Law. However, because annexations cannot be conditioned and the property was annexed without a development agreement , the city attorney has deemed compliance with the provisions of the annexation are not required and the current C -G zoning governs future development of the site. The Comprehensive Plan future land use map designation for this property is mixed use regional. The applicant is requesting approval of a development agreement for this site with a new concept plan as shown there on the bottom right. A mix of uses are proposed to develop on the site , including office, medical, hotel, retail and outdoor recreation facility uses with future multi-family commercial and office uses. Access is proposed via South Silverstone Way at the southern boundary of the site and via South Rackham Way, at the southwest corner of the site. Driveways are proposed internally for circulation within the site. A phasing plan was submitted as shown that depicts eight phases of development , starting with the two 125,000 square foot buildings proposed along the northern boundary of the site adjacent to I-84, which are proposed to commence construction within the next several months. A pedestrian circulation plan was submitted as shown that depicts a continuous pedestrian pathway around the perimeter of the development with internal walkways to each of the main building entrances. Written testimony was received from one person, James Rogers. He is an adjacent residential neighbor on the east boundary of this site. He feels the provisions in the annexation findings from 1995 are still applicable and should be included in the development agreement and should appl y to future development of this site which includes a 35 foot wide landscape buffer, which he requests be of sufficient Meridian City Council Meeting Agenda March 19, 2019 – Page 49 of 652 Meridian City Council March 5, 2019 Page 10 of 62 height to preclude the vehicle lights from shining directly into adjacent homes. He is also concerned about stormwater runoff from his site -- from this site impacting the shallow groundwater aquifer and has included several requests in his letter for Council consideration. You should have a copy of that in your packet. Staff is recommending approval of the proposed development agreement modification. Staff will stand for any questions. De Weerd: Thank you, Sonya. Any questions for staff at this time? Okay. We will hear from the applicant. Thank you for joining us . If you will, please, state your name and address for the record. Wardle: Madam Mayor, Members of Council, Geoffrey Wardle. I am counsel for BVA Development, the applicant on this site. We appreciate the effort that staff has put in on this application. De Weerd: Mr. Wardle? Wardle: Yes. De Weerd: Do you have an address? Wardle: Oh. 251 East Front Street, Suite 200. Boise. Thank you. De Weerd: Thank you. Wardle: We appreciate the effort that staff has put in on this and we have worked with staff, we have worked with our commercial neighbor to the south and you are going to hear them tonight and I think we have some good solutions for some of the concerns that have previously been articulated. As Sonya indicated, the first phase of this project, as you know, is about ICCU building a corporate headquarters at this property. ICCU acquired this property and has entered into an agreement with BVA Development to help them develop that, so that they can consolidate their employees and in this central location in the valley. So, what we are going to talk about tonight is how we got here and what we anticipate the next steps. As you know, this was part of a much larger 70 acre annexation that occurred in 1995. At that time it contemplated a much larger commercial big box power center of the type that we see struggling elsewhere. So , we are fortuitous that the plan that was presented to you in 1995 is not what actually was built. It was retail heavy. It didn't necessarily address a variety of mixtures of uses and it didn't contemplate some of the things that I think we have seen as better planning strategies. So, we are not seeking any change to the zoning, because the zoning that you applied to it in 1995, the C-G zone, is your most intensive commercial zone. Now, that 1995 annexation included the property that has been developed at the south by Norco as part of Eagle Commons and what you're going to hear from all of us tonight is that I believe we have solutions to how we integrate those two projects together. So , as staff indicated, we are proposing a variety of uses and what is contemplated here is not just an office park , but office, medical, retail, commercial, entertainment. In the southwest corner for what we Meridian City Council Meeting Agenda March 19, 2019 – Page 50 of 652 Meridian City Council March 5, 2019 Page 11 of 62 are articulating as phase four, is an area of seven acres that's going to require some future additional planning and development. It's an area that could be multi -family. It could be office. It could be other commercial uses. But we are prepared to come forward with a development application now with this development agreement and master site plan, so that we can proceed with the first phase , which will be approximately 250,000 square feet of office in two phases, the ICCU building and the eastern building. It's the intention to start the ICCU building this summer and, then, follow it up immediately with the second building, so that we can just keep everybody mobilized and move on those and we are well underway in leasing that building, so that both of those two buildings would be delivered and functional second or third quarter of 2020. But as we talked about, we recognize the need to move a lot of these uses together, that a true mixed use project necessitates a variety of those uses and so as Sonya indicated with the phasing plan, we have identified eight phases, but, really, it's probably three, just because of how we are going to put infrastructure in. Phase one will be the two office buildings and the main improvements through the middle of the site, with the roadway connecting south to Silverstone. The second phase of development will be the commercial , entertainment, retail components that provide that access there on the south and, then, the outdoor entertainment would be part of that. The southwest corner contemplates additional off ice and medical use and it's a medical use that very well may come earlier. So, when we talk about phase two having four different elements, phase two and phase three all could come online very quickly in late 2020, early 2021. As Sonya indicated, because the site is so large and because we recognize the goals of your ordinances and plans, pedestrian connectivity is an important part of this. As we visit with the tenants that we are doing office park work for, the ability of people to get outside, have connections, have a larger pathway around the outside, much like has been approved and is being done at Ten Mile is what you're going to see here and, again, it's going to be -- will be addressing this as we -- as we go through the -- the process of phasing, but in light of the fact that the two office buildings are the first integral part of this project, the bulk of the improvements along the interstate will happen at that time in those two phases , as well as the -- the central core as we do the retail. Now, we have met with ACHD several times to address how do you take Silverstone, a public street, bring it into the project and make it function in a way that it doesn't overwhelm the project and the solution to that is a mini roundabout. We are in the design process of that and its actual configuration will be addressed in the preliminary plat application that we bring forward to you, but we don't need to have a preliminary plat approved to be able to move forward due to the way that we are approaching this with ICCU. Additionally, we have had conversations with Eagle Commons and you will see that we both have a solution for how do you make the connection from Rackham to Silverstone, how do you make the connection between the two projects, and we think the most appropriate way to do that is a private service drive at the common boundary that jogs slightly to the north as you come up towards the Silverstone mini roundabout. You're going to see their plan. Here is our plan. It is -- it does need to be engineered, but what you're seeing from both of us reflects that degree of agreement as to what type of facility it is. As you know from your prior requirements, that the real need for that is -- is emergency access and the ability to connect to the public thoroughfares and we met with ACHD, had the conversation, because their code -- their -- their policy would have required Rackham to just end in a cul-de-sac and instead they Meridian City Council Meeting Agenda March 19, 2019 – Page 51 of 652 Meridian City Council March 5, 2019 Page 12 of 62 are in agreement that if we do a joint easement with a connection across there , that it provides the degree of public conductivity that they require. So , what are our next steps. We agree with the proposed conditions of approval in the staff report. We will be coming forward with our plat application as we finalize some additional engineering. We don't need to do a preliminary plat, because of the way ownership and development is being structured on those first phases of the office buildings. So , we intend to record it prior to building completion, but that's why you're seeing the development agreement first, so that we can move forward with that. So, our next steps. We need to finalize the design of that entrance mini roundabout to ACHD standards. We need to finalize the documentation with the access road, which we continue to work on with Eagle Commons and Norco and finalize and submit the preliminary plat and final plat. So, with your approval tonight, here are our next steps. We have drafted and I believe reached resolution on all issues on the form of development agreement with your -- your planning staff and your legal staff and so with that we will move very quickly to get that recorded , but with your approval tonight we are seeking the ability to go ahead and submit for a CZC on the ICCU building, which, then, would be followed with the east building, then, we would submit the design review applications, we would submit the building permits, we will get the development agreement recorded and we will be able to start construction on those buildings this summer. Moving, then, forward with the other phases as we finalize leasing and agreements with those parties. So, we are excited about this project. To be honest, this is one that Tommy Ahlquist and I have worked on off and on for about six years. One of the first things that I did at Gardner Company when I went to work for Tommy was we were working with Elk's for how do we turn this into a medical office campus and that was six years ago. We are excited about the efforts that the City of Meridian has made, ACHD has made, the commitment that Eagle Commons and -- and Mr. Kissler have made and we think that we will have a project that provides the type of employment that residents in Meridian are presently happy to leave our city. Houses need jobs and jobs need houses and it's just part of making sure that we provide the places that people can work, get their healthcare, recreate and enjoy. So, with that I will stand for any questions you might have. De Weerd: Council, any questions at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thank you for being here. My only question I think right now is just on this slide that you have got pulled up -- and maybe it's easier to go back to your slide with the pathway, but it doesn't appear that gives me a much better vision about whe re your pathway goes. So, actually, that -- that answers my question. Wardle: Okay. Cavener: The image helped me to provide clarification. Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 52 of 652 Meridian City Council March 5, 2019 Page 13 of 62 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Good to see you, Mr. Wardle. Wardle: Good to be here, Mr. Bernt. Bernt: Quick question. Are you pretty much in agreement with staff's recommendations? Wardle: We are. We are in agreement with all of their recommendations. De Weerd: Nothing further? Wardle: Thank you. De Weerd: Thank you. Bongiorno: Sorry, Madam -- Madam Mayor, I'm sorry to interrupt. I didn't get my mic down quick enough. De Weerd: Mr. Bongiorno. Bongiorno: Mr. Wardle, if you wouldn't mind, at some point we need -- we need to talk about the access. I have not seen this plan and the Rackham access won't work, so we just need to talk at some point to fix that. Wardle: That -- that's fine. We can -- and Horrocks has been directed to have those -- start having those conversations with everybody, so -- our concern just there on Rackham was -- we didn't want to have just a big bulbous cul -de-sac, so there were a variety of things that we think can work down there. De Weerd: Okay. Mr. Clerk, can you, please, let us know who has signed up for public testimony. Coles: Absolutely, Madam Mayor. We have a few this evening. Jim Rogers is the first. He would like to address the Council. De Weerd: Okay. Good evening, Mr. Rogers. If you can, please, state your name and address for the record. Rogers: Okay. My name is Jim Rogers. I live on 1115 Rolling Hills Drive in Meridian, which is directly to the east this development off the Rolling Hills Drive there. De Weerd: Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 53 of 652 Meridian City Council March 5, 2019 Page 14 of 62 Rogers: And I appreciate the time you're giving us here and I'm here representing the -- some of the residents of the Rolling Hills Drive Subdivision. I have a written statement I would just like to read in and I can provide this to the city clerk if you're interested in it also. I have -- I have submitted it -- I -- on -- by e-mail this morning, technical aspects of my request to Council and the staff and I understand that you have received that information, so -- this is kind of a Paul Harvey rest of the story microphone for those of you who are old enough to remember Paul. I would like to use this opportunity to submit further information concerning this development. I would like to go back to 1995 and the original request by Langley Associates for that request of Maria annex, the reference in the finding act -- findings of fact and conclusions, then, signed off by the then Mayor Kingsford and the council. As requested by Meridian city, prior to formal submittal of the annex and request, the developer was required to meet with the residents of the adjoining subdivision. At that time Overland Road and Eagle in the area was a two lane road surrounded by agricultural land. The neighborhood meeting was attended by residents of Rolling Hills and Jewel Subdivision, plus other interested landowners and developers and that's on pages six through ten of the 1995 facts and conclusions. It was held at the old Meridian City Hall. The developer at that time only provided a map of the general area proposed with no detail as to proposed tenant, other than a vague illusion that Walmart had indicated a desire to build on the property. As you can see in the original findings, the residents who live in the area were not real happy about a Walmart being built and what was a small residential development surrounded by agricultural property. This meeting resulted in written and verbal statements presented at the formal council meeting held during the fall of 1995. Prior to the formal meeting residents of our subdivision held several informal meetings to discuss the proposal. A major question asked was why Walmart would want to locate a store in an area that was essentially undeveloped. There was no commercial development, other than St. Luke's property within a mile of the area. In addition, one of our engineers -- one of our neighbors, who was an engineer working for Intermountain Gas, stated that he was not allowed to discuss proposed development, but that Walmart had contacted Intermountain Gas about the availability of gas utilities located in the area of Overland and the I-84 Interchange where they are near -- today is located. De Weerd: Mr. Rogers, your three minutes are up, but let me get clarity. You are speaking on behalf of your subdivision? Rogers: Right. Of the subdivision. De Weerd: Okay. Mr. Clerk, will you add seven minutes. Thank you. Rogers: Okay. And not where they developer proposed the I-84 subdivision. After formal findings of fact and conclusions were adopted by the council and mayor, several months past, we became curious as to why the development agreement had not been presented to Meridian city. In the spring of 1996 myself, Bob Nelson, and John Jamison, residents of the Rolling Hills Subdivision, requested an informal meeting with Mayor Kingsford. At that meeting the Mayor told us the proposed Power Mall was never seriously considered as a feasible development. However, Meridian city was willing to move forward with the Meridian City Council Meeting Agenda March 19, 2019 – Page 54 of 652 Meridian City Council March 5, 2019 Page 15 of 62 annexation in order to be able to annex property on the southeast area of Overland and Eagle, the location of the existing Silverstone development. In order for that to move forward Meridian could not annex the area on the south side of Overland, because it did not adjoin the existing city limits. Meridian city could not jump across Overland unless there was an adjoining property. At that time the only property was where St. Luke's is located. He indicated that was why the city was interested in the annex -- annexation of the proposed I-84 Power Center. You stated that it was developed -- be doubtful that a development agreement would be submitted by Langley and Associates. When we mentioned that Walmart had made contact with Intermountain Gas about construction near I-84 and Overland, the mayor indicated he was aware that Walmart was not interested in the Langley property. They all stay -- also stated that was why Paragraph AA on page 38 or the findings of fact and conclusions was part of that agreement and that Meridian at a future date, when the area south of Overland developed, would de-annex the property as set forth in the findings of fact and conclusions. Obviously, the deannexation never took place. I would request that Council not ignore the 1995 request or requirements of the findings in fact and conclusion and seriously consider the recommendation and concern voiced by the residents of Rolling Hill and Jewell Subdivision. Especially those concerning groundwater issues and buffer requirements also outline in my March 4th Rackham Subdivision submittal to Council. The '95 document was sound off -- signed off by council and mayor and I consider it a legal and binding document and find it difficult to understand why city staff and Council would completely ignore us. Issues that were valid in '95 are still valid today. The developer stands to make millions off this project while Meridian city will realize thousands of dollars in tax revenue from a property at this time that generates very little tax dollars due to an agricultural exemption. Meanwhile, the residents of Rolling Hill and Jewell Subdivision have and will see major declines in our quality of life and environment. Our request is try to maintain and protect our groundwater and quality of our semi rural area. The impact of our request on the developer is very minimal. We would request that no development agreement be approved until our concerns have been addressed. Thank you. De Weerd: Thank you, Mr. Rogers. Council, any questions? Rogers: Would the city clerk like a copy of this? De Weerd: Yes, please. Rogers: Okay. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. -- De Weerd: Mr. Rogers? Meridian City Council Meeting Agenda March 19, 2019 – Page 55 of 652 Meridian City Council March 5, 2019 Page 16 of 62 Cavener: -- Rogers? De Weerd: We do have a question for you. Cavener: Sir, if I'm reading correctly. Rogers: I'm a little hard of hearing. Cavener: That's okay. I'm not used to being so quiet, so I appreciate that. Your letter states that -- I just want to make sure I'm reading correctly -- your requests are for a 35 foot setback and for a -- a hydraulic study? Rogers: Yeah. Hydrology. Cavener: Can you maybe extrapolate a little bit more about what you mean by that for the Council, so I have a better understanding. I am not intelligent when it comes to water issues and so -- but I know how important they are, especially if you're on a well and -- and you have a little aquifer. Just help me understand what that request is based on. Rogers: The 35 foot buffer was requested because at that time we realized that the proposed development in 1995 would have a big impact on our development and we wanted to make sure that we had a buffer there that would protect us from noise , lighting, et cetera of that proposed development. The hydrologic study requested -- we really don't know exactly too much what the groundwater conditions are under that site , other than our water wells are approximately a hundred -- from 80 to 125 foot in depth drawing water out of there. A hydraulic study -- or hydrology study would give us information as to what the groundwater is doing under there, which way is it moving and what is the potential for contamination of that groundwater due to stormwater runoff. That was why we requested the above ground swales and storm water garden -- or water be used to dispose of groundwater -- or storm water in that area. A hydrologic study would determine, in part, whether storm runoff in this area would create a groundwater mound, which is kind of like a hill of groundwater under the -- under the area and the -- any pollutants that happen to get into that groundwater, then, would move towards the south Jewell Subdivision and to the east Rolling Hill Subdivision. And that's what a hydrology would, essentially, determine and that information could be obtained when if -- if and when the four monitoring wells were placed in the area. De Weerd: Yeah. Just bring that -- there we go. Cavener: My assumption is, Mr. -- Mr. Rogers, that -- that a similar study was not conducted in 1995. Rogers: No, it was not. Cavener: Okay. Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 56 of 652 Meridian City Council March 5, 2019 Page 17 of 62 Borton: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Mr. Rogers, before we get my -- to my question for you -- Rogers: Let me come up there. Palmer: I think this was the first time in my life that somebody has said -- for those of you old enough to remember when, in fact, I was old enough to remember -- I used to listen to Paul Harvey in the morning on my way to high school as he would give his the rest of the story. So, now I'm feeling, you know, maybe a midlife crisis moment here, but -- 31. You had mentioned concerns about noise. Do you currently experience a lot of noise from your proximity to the freeway? And do you anticipate maybe the enormity of the structures possibly blocking out some of that consistent noise you're experiencing there? Rogers: Yeah. We get a tremendous amount of noise from the freeway at this time. The wind in the area, of course, blows from the northwest, which blows noise right into our area. In an earlier period of time before the Idaho Department Transportation put the third lane in on the freeway, we requested that a sound barrier be constructed along that -- the whole entire south side of the freeway from, essentially, the Eagle intersection all the way down and ITD agreed to do that when they got money to build the third lane and, of course, we know that -- that was conveniently forgotten and we never did get to sound barrier. But, yeah, we get a tremendous amount of noise off the freeway. Now, whether these buildings would eliminate or attenuate that noise I don't know. I would certainly hope there would be some attenuation of the noise. The study that IT D did earlier when we requested that indicate noise levels of anywhere from a hundred to -- or, I'm sorry, from 80 to about a hundred decibel noise for those residents who lived right next to the freeway and it certainly is a problem with noise, but, you know, like anything else, you -- and where I'm deaf or hard of hearing I don't really hear it anyway. De Weerd: Any other questions from Council? Thank you, Mr. Rogers. Rogers: Thank you for your attention, gentlemen, ladies. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I have a question for staff and maybe it was gone over in the introduction, but what -- he's asking for a 35 foot buffer and what is the buffer with this development? Allen: Madam Mayor, Councilman Milam, Councilmen, the UDC required buffer width to residential uses is 25 feet in the C-G district. Milam: So, it went from 35 to 25? Meridian City Council Meeting Agenda March 19, 2019 – Page 57 of 652 Meridian City Council March 5, 2019 Page 18 of 62 Allen: I'm not sure if the code required 35 at the time or if that was just something that was required as part of the annexation provisions. De Weerd: And that's not captured in any development agreement or -- Allen: It was in the findings. Our city attorney at the time deemed that we could not annex property -- excuse me. We couldn't require a development agreement prior to annexation of property. So, they included requirements and findings then, which our current city attorney has deemed that they cannot do and shouldn't have done. De Weerd: That's why you have attorneys. They all have a different opinion. Mr. Clerk. Coles: Thank you, Madam Mayor. Next is John Fitzgerald. De Weerd: Sorry, Mr. Nary. Nary: It's all good. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Fitzgerald: My name is John Fitzgerald. I'm at 1235 Rolling Hill. So, I am on the same street as Jim. De Weerd: Thank you. Fitzgerald: Madam Mayor, Council Members, thank you very much. I'm not opposed to the development. I am however -- I realized I'm no Tommy Ahlquist and his crew, but I am a business owner in Meridian. I'm a homeowner in Meridian. We have -- in some small way we are the future of Meridian. We want to stay here. We live where we live for many reasons, the same reasons that everybody else attracted to that area. If you have ever been on Overland Road anytime around high traffic, it's impossible already. This clearly is only going to make that worse and I hear a lot of fancy footwork around what we are going to do with traffic. Dumping all of those people onto Overland is going to be a nightmare. It's already getting backed up to Cloverdale, all the way through Meridian. It's impossible to get out of there. I'm assuming that it will end up being a right turn lane only. I don't know. But it can only get worse. I feel like nothing should happen there until something is really done with the traffic situation. The -- the -- the only thing that really makes sense in my mind -- and it's -- and it's horrific logistically and probably financially, but it's to run an overpass over and dum p people onto Franklin and Eagle through those access points. I don't know how you're going to get all of those people -- especially with the next one up, Eagle Commons, it's only going to further aggravate the situation that is all right there at Rolling Hill halfway between Eagle and Cloverdale. So, it's a mess now. It will get worse. The answer to that question, sir, is that we are -- if you didn't know this already, we are all on domestic wells there, if you didn't know that. That's all I have. Meridian City Council Meeting Agenda March 19, 2019 – Page 58 of 652 Meridian City Council March 5, 2019 Page 19 of 62 De Weerd: You know, the problem is this was approved before most of those traffic trips generated were created. So, they already have their entitlements. Fitzgerald: Madam Mayor, I call the planners here all the time asking what I can do, where I can do it and where I can buy property, what I can do with that land and I am always told, I'm sorry, we have just impacted the -- the map for this year -- or that's not in best use -- I mean things change all the time. This is a real problem for us and it's -- it's going to be a real problem for Meridian. It's a huge problem that's growing every day as the city grows and it can't get better with this development going there unless it is seriously dealt with. De Weerd: Thank you. Fitzgerald: Thank you. Coles: None others indicated they wanted to provide testimony. De Weerd: Okay. This is a public hearing. Is there anyone who did not sign up who wishes to provide testimony? Yes, ma'am. Good evening. If you will, please, state your name and address for the record. Haven: Yeah. My name is Amanda Haven and I'm actually representing my grandfather who lives at 925 Rolling Hill Drive with power of attorney. So, I wasn't planning on speaking, but thank you for allowing me the time to address you. I just had a couple of questions and concerns after hearing fellow neighbors speak. One question I had is the original plans that we saw that were published in the paper showed the emergency access point actually across our property and so I just wanted some clarification as to where that had moved to, because we -- and that was published before they had obtained that easement from us and so they discussed and I just didn't understand in the original testimony where it had been moved to. De Weerd: I think staff -- we don't know. We will ask the applicant to address that. Haven: And, then, the other things I just wanted to address is just to speak to Mr. Rogers comment as far as the spacing is for noise and water containment . Also my concern is there is a lot of elderly that live in that area and knowing the development that's been proposed is safety concern is there for me as far as fencing and having that buffer or some sort of barrier to prevent -- because the entertainment that I have heard that's being proposed to be developed is like a Top Golf and I myself have been to some Top Golf in other states and I know that there is alcohol there and that they are quite -- there can be like music and a loud kind of an environment and who knows who could wander off of that and across the property right into one of their homes or their backyard s. So, that's one of my concerns. And, then, I can also speak to the last man that testified that that traffic is a huge concern and I believe with something like that big of an establishment and housing, it will be very difficult for all the residents on Rolling Hill to ever exit their -- their road onto Overland. It already is a concern for them to take a left-hand turn, they will Meridian City Council Meeting Agenda March 19, 2019 – Page 59 of 652 Meridian City Council March 5, 2019 Page 20 of 62 always have to go righ t and so I know with any added traffic this big of a development is -- it is a concern that I wanted to have considered. So, thank you for your time. De Weerd: Thank you, Ms. Haven. Yes, ma'am. Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Holaday: Carol Holaday. 3810 Onyx. De Weerd: Thank you, Carol. Holaday: And I would like to know on this map where he's got Onyx. De Weerd: Pardon? Holaday: I would like to know on this map which one he's got Onyx on. There is Norco. Overland. And I don't see him listed Onyx on there. Onyx. De Weerd: The previous -- I don't know. You will -- you will have to ask -- Holaday: Okay. De Weerd: -- the applicant. I didn't -- Holaday: What I want to know is are they going to come through the back ? Because I have an easement on my property and we were at one meeting and he said the man -- I can't remember his name. He was going to open that up, because it has to be opened up for fire trucks or emergency vehicles to get in the back. De Weerd: Well, we will ask the applicant to -- to note where the emergency access is anticipated. Holaday: Okay. Because in my contract when we bought the house it states in there that that cannot be opened up for anything unless I sell my house. Well, I'm not selling my house. De Weerd: You didn't have that in mind, uh? Holaday: No. I have been there too long. De Weerd: We will certainly ask the applicant to clarify that -- Holaday: Thank you. De Weerd: -- and address your question. Holaday: Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 60 of 652 Meridian City Council March 5, 2019 Page 21 of 62 De Weerd: Thank you. Is there any further testimony? Okay. Mr. Wardle. Wardle: Madam Mayor, Members of Council, Geoff Wardle. 251 East Front Street. So, to address the issues that have been raised, we do have secondary access. The property owners on Onyx, when that property was platted, that was platted with one of those fine 1970s era ACHD, Ada county plats with 50 foot wide undedicated future public right of way and when our consultants looked at that they had initial conversations with ACHD and ACHD said we don't perceive that to have been dedicated. We did have some conversations with the property owners down there on Onyx. They weren't amenable to it, so we moved on. We entered into an agreement. We actually entered into a contract to purchase an easement up here from that property owner, as you heard from his granddaughter. They came back to us and indicated that they didn't want to do that, so we respected their wishes, we terminated the contract and we went and entered into another contract with another property owner and, Sonya, if you can go back to the site plan. We do have a property under contract for purpo ses of providing a secondary emergency access. It's not a public street, it's to satisfy our requirements under the International Fire Code and as Sonya showed, it's -- it's -- it's right here. So, we have put -- we have put this property under contract to acquire and that's where that emergency access will go. We understand in 1995 there was a contentious and difficult hearing that occurred that generated a significant amount of paperwork. We also are in agreement that your Council in 1995 didn't serve the city or the citizens well. The advice that you received from your current counsel I believe is the correct one, that, A, Idaho Code, Section 67-6511(a) which enables you to do development agreements as parts of rezones and annexations, are intended to occur contemporaneously, if not simultaneously with the annexation of the property, but this property has been annexed and has been zoned C-G since 1995. So, what has happened since 1995? Well, some of the conditions of approval that were imposed in 1995 are reflective of the fact that you had an application that the Meridian city code in 1995 was not prepared to address. Your code -- you rewrote your code several times, including the current version of the UDC that you have that addresses and imposes requirements on applicants related to many of the things that were attempted to be addressed through the findings and conclusions in 1995. The issues of groundwater and sewer connections and those things have all been addressed. What else has happened since 1995? Well, since 1995 every three years we have had updates to the then UDC and now the International Building Code. We have had regular updates to ACHD's policy manuals and the requirements of DEQ related to stormwater detention, retention, and how we deal with that. We are here tonight on the development agreement application for this site plan. We will engineer the road systems, the sewer systems, the storm water systems, the pressurized irrigation systems, the fire systems, all in compliance with the codes that exist in 2019. Now, 1995 was a long time ago. I was still in law school in 1995. But I can tell you as a practical matter from -- in the development community, the requirements in your code today address and resolve all of the issues that your City Council was attempting to address and impose through conditions in 1995. Would also point out that every use that we have proposed -- we are coming to you with an application that proposes uses that are either permitted of right or via conditional use permit within the C-G zone. We are not seeking to modify the zoning. And why is that important? Well, that's important because the models that you participate Meridian City Council Meeting Agenda March 19, 2019 – Page 61 of 652 Meridian City Council March 5, 2019 Page 22 of 62 in through COMPASS, the transportation models, all of these things since 1995 have taken into consideration that you have 71 acres of C -G zoned property at this location. Now, is traffic bad? Yes, traffic is bad. Are their requirements that ACHD will impose upon us as we make the connection? Yes, there are. Are there things that ITD would like to have. There probably are. But as a practical matter -- and I appreciate -- I appreciate the comment from the dias, we were the first ones in. This was the first property that was entitled. This was property that was entitled, that has been part of your Comprehensive Plan, that has been part of your vision for a commercial core at this interchange since 1995 and the issues of traffic, those are all things to take into consideration, but as we do denser development, as we do mixed use development, as we do things that we wouldn't have done in the past, like connectivity with these neighborhoods that minimize and reduce the problems that we have, this is part of the solution. Now, we still have -- we still have those efforts to go through . That's still part of other things, but I would just highlight the fact that we are here asking for a master site plan that is consistent with your C-G zone and all of the requirements that currently exist under the UDC. And with that I would stand for any further questions you might have. De Weerd: Council, any questions? I -- I guess, Geoff, can you walk through the capturing of stormwater and how you have to keep it on sit e and maybe Mr. Rogers' concerns about their wells. Wardle: Madam Mayor, Members of Council, as you know we have significantly upgraded our regulations over the last 15 years on what you do with runoff from sites. That you -- you have to maintain all of your stormwater on site. You can't discharge it off site. You have to engineer your -- your ponds, your swales, your other things to take that water, to treat that water and hold that water before it goes back into -- into the aquifer. These are requirements that are imposed not by the city, but they are requirements that are largely imposed under the Clean Water Act that have been implemented through the Idaho Department of Environmental Quality and others and that's where our codes and our standards come from. So, in 1995 this community was not attentive to the impact of stormwater and runoff, but in this day and age this community is much more attentive to those issues and this will be engineered and addressed in due course. De Weerd: Okay. Council, any questions for Mr. Wardle? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Wardle, what is your -- what's the setback on your southern border from the residential component? Wardle: Madam Mayor, Council Member Cavener, I believe that this strip here has been engineered and designed at the 25 feet. So , when we talk about setbacks and we talk about setbacks from improvements, I think that's the other thing that people don't remember is that the way that we measure setbac ks is it -- it isn't, you know, 35 feet of Meridian City Council Meeting Agenda March 19, 2019 – Page 62 of 652 Meridian City Council March 5, 2019 Page 23 of 62 landscape, it is a setback to the structure. So, we have not proposed any structures that are within 25 feet of those southern properties. Cavener: Madam Mayor, follow up. De Weerd: Uh-huh. Cavener: Mr. Wardle, what about your northern border from -- your two buildings there to the interstate is -- is that also 25 feet or is that -- it looks like it's somewhat larger. Wardle: Madam Mayor, Council Member Cavener, your code requires an additional significant setback to the interstate and so within that area is where the walkway is. So , that is approximately 25 feet and, then, those buildings -- I believe it's 25 feet, Sonya. Or is it 35? Oh, it's 50. So, it's 50 feet. And, then, those buildings are set back even further from that. De Weerd: Okay. Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm going to keep going. Wardle: Yes. Milam: So, are you -- you're just going to have a -- I mean you don't have any buildings over here, but they were talking about landscape buffer and , then, somebody mentioned a fence or some way to protect these neighbors from the outdoor golf activity or whatever is going in there, so -- Wardle: So, Madam Mayor, Council Member Milam, so this is at least 25 feet there and if you have seen one of these outdoor entertainment facilities , they are built and designed to keep the golf balls inside and I'm sure that some of you may be able to drive most of that distance, but we are totally confident that golf balls are not going to be landing in their neighborhood. Also, when you -- and we are not here with an application on that, but I would point out that this outdoor recreational use is a permitted use within your C-G district. The lighting plans for these uses are not the old driving ranges with great big tall telephone poles with metal halide lights hanging from them. The lighting is -- is very contained, the lighting is very directed and is -- is maintained within the facility. So, you know, we will have the opportunity to have those discussions when we are actually here with an application to design that, but I can assure you that we have reviewed the requirements of the UDC for outdoor uses. We are sensitive to what the audio requirements and limitations are. We are sensitive to what the lighting requirements are and those other setbacks. Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 63 of 652 Meridian City Council March 5, 2019 Page 24 of 62 De Weerd: Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Geoff -- and I must admit I'm very excited about the possibility of having a golf -- something like that in the Treasure Valley. Having a golfer son now I can assure you that on a very regular basis he can hit it out of the Scottsdale one with not much problem. So, I will volunteer him if you need some tests arms regarding -- because it -- it can be done, especially with a group of 19, 20 year old golfing boys. De Weerd: I think it becomes a competition. Wardle: It does. And, you know, that's the problem, is that this is not your traditional driving range that, there is -- there -- there is -- it's not just about going out and gripping it and ripping it, so we will work on that with them. De Weerd: Any further questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Not a question, but more of a comment that I appreciate what you have done here in light of what it could have been with previous developments. It's -- it's a better product. It's a better end result. I think it's laid out better and I think the mini roundabout solution there as well helps disperse traffic through it, so all in all it's a definite improvement over what was done before. So, we appreciate those efforts. Wardle: Thank you, Mr. Borton. De Weerd: Okay. Thank you so much. Wardle: Thank you. De Weerd: So, Council, any further questions for staff or the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I know Council Member Milam stepped out. I don't know if she wants -- if we can grab her or whatnot, but I don't have any comments. I echo much of Council Member Borton's comments. I also -- appreciated the -- the narrative that was provided by the applicant in our packet. Staff's great work. I know a project of this magnitude doesn't Meridian City Council Meeting Agenda March 19, 2019 – Page 64 of 652 Meridian City Council March 5, 2019 Page 25 of 62 come across and come super easy and super fast. I know we have had many Council Members who always talk about taking time and I think the end result is something really remarkable. I, as a -- when I graduated college my -- my father subleased this land from the Elk's and we farmed it on four wheelers for three years, because my family and I are crazy and this is a much -- much better use than farming it on four wheelers. So, if there aren't any comments, Madam Mayor, I'm happy to close the -- the public hearing for Item 8-A, the DA for H-2019-0005. Bernt: Second. De Weerd: I have a motion and the second to close the public hearing on Item 9-A. Council, any -- any discussion? All those in favor say aye. Did I hear all ayes? All ayes. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-A, H-2019-0005, and include all staff and applicant and public testimony. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion by Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Since Council Woman Milam has joined us, I just want to let her know that I have made a motion that we approve Item 9-A. De Weerd: Okay. 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. De Weerd: Mr. Wardle, if you could meet with Mr. Fitzgerald and Mr. Rogers and Ms. Haven to maybe do some follow up on their concerns and -- I would appreciate it. Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 65 of 652 Meridian City Council March 5, 2019 Page 26 of 62 B. Public Hearing for Eagle Commons (H-2019-0016) by James A. Kissler, LLC, Located Generally North of E. Overland Rd. and East of S. Eagle Rd. 1. Request: Modification to an Existing Development Agreement for Eagle Commons at Overland to update the development plan and associated provisions. De Weerd: Okay. Item 9-B is a public hearing for H-2019-0016. I will open this public hearing with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application is a development agreement modification as well. This site consists of 18.03 acres of land . It's zoned C-G and is located east of South Eagle Road and north of East Overland Road and this property is directly south of the property that you just heard . This property was -- along with the property to the north was annexed into the city back in 1995. A new development agreement was approved in 2016 , which is proposed to be modified with this application. The property was previously subdivided. The future land use map designation for this property is mixed use regional. The current development agreement anticipates development of a 86,000 square foot two story office retail building where Norco has been constructed and an 85,000 square foot -- 85 to 95 thousand square foot single story commercial retail store and a single pad site. That is the plan there on your left. The proposed plan on the right depicts five commercial building pads, the existing Norco building and associated parking. The applicant has submitted two options for a modification to the existing development agreement as follows: The first option would be to eliminate the development agreement in its entirety and let zoning dictate future uses and development of the property or the second option is to update the development agreement to reflect the current development plan and strike the provision number 5.1L pertaining to the restriction on business hours of operation for uses abutting a residential district and replacement of the word substantial in favor of general in relation to future development being in compliance with the approved concept development p lan. Staff is recommending that this site remain under a development agreement, but is amenable to the requested changes. Staff is recommending additional modifications to the development agreement as noted in Section 7C of the staff report due to completion of several of the existing provisions. Staff will stand for any questions. No written testimony was submitted on this application. De Weerd: Thank you, Sonya. Council, any questions at this point? Bernt: Madam Mayor, one question. De Weerd: Mr. Bernt. Bernt: So, what would be the difference between being in general compliance compared to being in substantial compliance and maybe an example. Meridian City Council Meeting Agenda March 19, 2019 – Page 66 of 652 Meridian City Council March 5, 2019 Page 27 of 62 Allen: Madam Mayor, Members of the Council, Councilman Bernt, to staff there is no real difference, but maybe attorney speak there is, but staff didn't have any problem with that request. Bernt: Madam Mayor, follow up. Mr. Nary, how about you? Nary: Madam Mayor, Members of the Council, Council Member Bernt, I mean it definitely a judgment call on the part of the staff. Substantial compliance is the legal term. So, it is being predominantly as it was proposed that it's being complied with. It doesn't have to be exact, because the recognition by courts is is that buildings can move slightly, you know, one lot may move, one -- one lot may be lost, one lot maybe gained, sizes may change slightly. So, substantial is a judgment call and ultimately is the decision of the Council, is -- is it substantially compliant with what was proposed. Bernt: Madam Mayor, one more follow up. Mr. Nary, any concern there in regard to the -- to the lawyer speak there in regard to substantial versus general? Nary: No. De Weerd: Okay. Anything further from Council? Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Huber: Yes, Madam Mayor. My name is Jeff Huber. My address is 8385 West Emerald Street, Boise. De Weerd: Thank you. Huber: And I represent the applicant. We appreciate the opportunity to come before you tonight and modify our development agreement plan . We have been working with staff over the last six weeks and with the neighbor to the north to work out the details on the access road and I think that staff has done a great job with our report and we are in agreement with the report. This is an important piece of property and I think that you have the opportunity to review both of these plans and I think that the uses are appropriate for this area. So, with that I would stand for any questions. As the previous applicant has given you a good history of the development agreement , so also refer to that. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Huber, kind of the same question for you that was proposed to our legal staff. The rationale behind requesting general versus substantial. It kind of caught me off guard when I read that from staff as well. Help me understand where that request is generated from. Meridian City Council Meeting Agenda March 19, 2019 – Page 67 of 652 Meridian City Council March 5, 2019 Page 28 of 62 Huber: Yes. Madam Mayor, Councilman Cavener, that's -- if we come back with another tenant that doesn't quite fit with this plan, it's not -- it would be just some minor adjustments to the plan, I think that it could be approved without us coming back for the complete modification application again. Cavener: Okay. Thank you. De Weerd: Any other questions? Mr. Borton. Borton: Madam Mayor. Everyone's got the same question on that. The concern with creating -- even if it's unintentional -- what you described very well might be met with a substantial compliance standard that we always utilize , but it would be a pretty big step to create a new standard, which is something less than what staff and the city has consistently or tried to consistently apply, still affording an applicant the flexibility that's preserved in a substantial compliance standard, but we kind of understand how that works and the application -- or the development community kind of understands how that works. What you described sounds like a substantial compliance standard, so I would have great concern that if we create a new standard it comes with a lot of strings that now we are inviting a much more loose application of approvals to something less than, which I know is not your intent -- it doesn't sound like that's your intent, so -- Huber: That's not our intent. Borton: You very well might be able to get to where you need to be and preserve the substantial compliance language that we have always utilized. It still sounds like that fits -- would be helpful for us and our staff to ensure we have got those consistent parameters. Huber: Madam Mayor, Councilman Borton, you bring up a good point and we are -- the applicant's certainly agreeable to leaving that -- the word substantial in if you prefer. Borton: Okay. I appreciate it. Thanks. De Weerd: Any further questions? Thank you. Huber: Thank you. De Weerd: Mr. Clerk. Coles: No sign-ups on this one, Madam Mayor. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Seeing none, Council, any further questions for the applicant or staff? Borton: Madam Mayor? Meridian City Council Meeting Agenda March 19, 2019 – Page 68 of 652 Meridian City Council March 5, 2019 Page 29 of 62 De Weerd: Mr. Borton. Borton: I think there -- there weren't any unresolved issues that we -- as we see the proposed conditions? Allen: Madam Mayor, Councilman Borton, no. Borton: Okay. De Weerd: Other than the one word. Borton: Oh, got you. Got you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on Item 9 -B. Little Roberts: 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. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve H-2019-0016, leaving the word substantial, as opposed to general. Bernt: Second. De Weerd: I have a motion and a second. Any discussion ? Okay. I have a motion to approve Item 9-B. 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. MOTION CARRIED: ALL AYES. C. Public Hearing for Proposed Vehicle Immobilization (Booting) Meridian City Council Meeting Agenda March 19, 2019 – Page 69 of 652 Meridian City Council March 5, 2019 Page 30 of 62 Ordinance 1. First Reading of Ordinance No. 19-1815: An Ordinance Adding A New Chapter, Chapter 3, To Title 3, Meridian City Code, Regarding Vehicle Immobilization: Definitions, Vehicle Immobilization License, Vehicle Immobilization Regulations, Prohibited Acts, And Penalty; Adopting A Savings Clause; And Providing An Effective Date. De Weerd: Okay. Item 9-C is a public hearing for a proposed vehicle immobilization booting ordinance. This is the first reading of Ordinance 19-1815. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1815, an ordinance adding a new chapter, Chapter 3, to Title 3, Meridian City Code, regarding vehicle immobilization: definitions, vehicle immobilization license, vehicle immobilization regulations, prohibited acts, and penalty; adopting a savings clause; and providing an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who wishes to hear it read in its entirety? Okay. Seeing none, I will ask if there is any people signed up for testimony, Mr. Clerk. Coles: Thank you, Madam Mayor. I do believe we have one. Nathan Nuno. De Weerd: Okay. Mr. Nuno. Thank you for joining us. If you will, please, state your name and address for the record. Nuno: Nathan Nuno. 9136 West Brogan Drive. Nice to see you all again. Once again I'm just here to support my industry and support this ordinance . I still have little issues with it that I think we could actually fix, but I do feel there is a need for that and it looks like I'm the only one representing my industry here . There is others involved, but that's what I do. A continuation of last time. I have talked to many of the property managers and a couple actual property owners with regards to the time limit that we discussed last time that before we are able to have a vehicle towed. They feel that a restriction on a time limit violates their rights of private property owners and the rights to do what they want with real property. I originally told them that it was set up for 48 hours, then, we got down to 12 the last time and they feel even 12 is too much, but they felt that four hours would be probably negotiable and they would feel comfortable with four hours, especially with the signage and the parking addendums that they supply their residents that they are in charge of telling their residents' guests of -- the residents are in charge of telling their guests where to properly park. So, that's the only complaint that they really had was the time limit. They don't have any complaints about anything else. They agree with everything else that's in the ordinance that the police department handed out to t he -- to the properties. The only concerns I have personally is -- is -- and the more I read this the Meridian City Council Meeting Agenda March 19, 2019 – Page 70 of 652 Meridian City Council March 5, 2019 Page 31 of 62 more I -- I mean I didn't go to law school. I wish I would have -- was that if our licenses are revoked there is no due process before that. They are just revoked, then, we have to appeal that. So, I feel like there should be a due process before the revoke for us to be able to defend our employees or even our company to try to prove that this didn't happen. Instead of an appeal process afterwards. So, I would like some kind of due process before that would happen to make our case and it would actually impact economically for whichever employee's license was revoked or even our company not having that employee out doing their job. So, I think there is an economical thing there on that type of process. As far as anything else, I can't really think of anything. It's a pretty good ordinance that the city has put together and those are basically just the concerns is the time restriction on -- before we can tow, which I understand why that's in there and, then, the whole licensing process. So, that's all I have. Thank you for not making me wait four and a half hours this time. But I'm open to any questions. De Weerd: Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Nathan, thank you for being here again. Nuno: No problem. Little Roberts: And just maybe some clarification. You are already doing business in Meridian and -- and working with property owners. Nuno: Correct. I have nine properties in the City of Meridian. Little Roberts: Okay. Thank you. We had -- I had someone reach out that was thinking you are not in business yet in Meridian and that's what this was to determine. So, I just wanted it on the record that you are already in business and competitors as well; correct? Nuno: Yes. Little Roberts: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Let me just ask a question regarding your last statement about revoking of licenses. Do you think there are any circumstances that a license should be revoked immediately? Meridian City Council Meeting Agenda March 19, 2019 – Page 71 of 652 Meridian City Council March 5, 2019 Page 32 of 62 Nuno: I would say a DUI situation. Felony of some sort. But I do believe that with misdemeanors or -- they are a little bit less. I mean a crime is a crime, but I think of a serious felony or a DUI it should automatically be revoked, but I think that should also be up to the -- to the employer to decide if they should still employ that person for doing that also or put a requirement in the -- in -- I'm not sure -- maybe Scott can answer this better, but I didn't see anything that if a situation happened that we would have to report it automatically to the city and, then, go from there. De Weerd: Okay. Anything further? Thank you. Any further sign-ups? Coles: No other sign-ups. De Weerd: Okay. Is there anyone else who would like to provide testimony on this item? Council, what is your desire? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: There was something I thought of a few minutes ago that I wanted to kind of vet out and see if I might have a suggested adjustment. So , I'm hoping maybe we can just continue it through the normal process, rather than just approving it tonight. At least for another -- I assume it would be the next week. It's not a huge deal , but rather than ask the question and look dumb, I would rather re-read it first and see if it's even something relevant. Borton: Madam Mayor? Borton: Mr. Borton. Borton: As part of the -- this will continue on. I don't think it's going to get approved tonight necessarily, but for a second read. One way that issue of due process and revocation of the consequence can be addressed is -- and perhaps take some of the burden off the city clerk in making that determination is if -- if there is a belief that a violation has occurred there might be written notice to the -- to the licensee of -- notification of what the -- what the violation may be and that hearing is set in 14 days or 15 days where they can have their time before the Council and a determination can be made. So, they would still be operating until whatever the grounds of revocation are presented and a decision is made. So, something to chew on that you could adjust, that paragraph G, rather than take it and appeal, go through the same process, but it's a little more process which we could do. Something to chew on. That's all. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council Meeting Agenda March 19, 2019 – Page 72 of 652 Meridian City Council March 5, 2019 Page 33 of 62 Nary: Just while you're pondering that, I mean I cannot recall -- and I don't know if the clerk can recall -- I can't recall us revoking a license of anybody. Borton: Yeah. It's pretty rare. Nary: So, it is done very sparingly. The concern is -- if you look at the three conditions, one is the license violates any -- the licensee violates any term or condition of the license or any provisions of this chapter or any other local or state or federal law. It is found -- the second is the license was issued on false or inaccurate information or incomplete information. So, there is -- and, then, the third is that their -- their licensee, the operations vary materially from what they claimed how they perform. My only concern is what was raised by Council Member Milam is that there are circumstances that probably immediate revocation is more appropriate subject to appeal and there are probably are ones, as Mr. Nuno raised, that maybe there are some that would require the revocation after a hearing. So, if you want to ponder that we can split them, but, for example, if you had an allegation of a battery that occurred by a licensee on a patron , that may be a different circumstance than a reckless driving citation. So, I mean that might be something to ponder. We can certainly split them if you think that would make more sense on the types that are more serious and we could work with police on what they would think would be ones that should be revoked now versus ones that could be considered based upon circumstance s. De Weerd: Okay. Anything further? Mr. Clerk. Coles: Madam Mayor, I will just follow up with Mr. Nary's comment that I don't believe during my time at least in this office that we have revoked a license. Most of that happens at the front end in denying a license through the application process, but actual revocation of a license I don't believe that's happened in my two plus years in this office. De Weerd: Okay. So, Council, you want to set this out for a second reading? Okay. We will put this on -- we don't generally do these during workshops. Coles: I believe, Madam Mayor, we could. It's land use that really doesn't make its way onto -- onto workshops. But at Mr. Nary's advice I believe that we can. De Weerd: Okay. A second reading will be next week, then, at our City Council workshop. D. Public Hearing To Consider The Conveyance To The Ada County Highway District For Right Of Way Purposes A Portion Of Certain Real Property Located Near The Northerly Pedestrian Entrance To Heroes Park On Ten Mile Rd. De Weerd: Okay. Item 9-D is a public hearing to consider the conveyance to Ada County Highway District for right of way for purposes of a portion of certain real property and, Mr. Nary, is covering this. Meridian City Council Meeting Agenda March 19, 2019 – Page 73 of 652 Meridian City Council March 5, 2019 Page 34 of 62 Nary: Thank you, Madam Mayor, Members of the Council. So, this is a portion of a pathway that is the north of -- there is a small church parcel adjacent to Heroes Park and there is a small pedestrian pathway that is adjacent to it on the north side. This is part of the Ten Mile widening project for ACHD. Other portions of the city of the widening project have already been dedicated from the Parks Department, so this is one last little sliver piece that basically came in later than Heroes Park as it came in as part of the church annexation that was a few years after Heroes Park. So, it just follows our normal process with ACHD on the dedication of right of way and the city transferring property to them. Item E is the ordinance to make that effective. E. Ordinance No. 19-1814: An Ordinance Authorizing The Conveyance Of Certain City Owned Real Property To The Ada County Highway District For Right-Of-Way Purposes, A Portion Of Certain Real Property Located Near The Northerly Pedestrian Entrance To Heroes Park On Ten Mile Road, In Section 26, T4n, R1w, Bm (A Portion Of Ada County Assessor ’s Parcel S0426233770) In The City Of Meridian, Ada County, Idaho; Authorizing The Mayor And City Clerk To Execute And Attest On Behalf Of The City Of Meridian The Deed And Other Documents Necessary To Complete The Transaction; Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Okay. Any questions for Mr. Nary? Okay. Mr. Clerk, will you, please, read Ordinance 19-1814 by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1814. An ordinance authorizing the conveyance of certain city owned real property to the Ada County Highway District for right-of-way purposes, a portion of certain real property located near the northerly pedestrian entrance to Heroes Park on Ten Mile Road, in Section 26, T4n, R1w, Bm, A portion of Ada County Assessor’s Parcel S0426233770 , in the City of Meridian, Ada county, Idaho; authorizing he Mayor and City Clerk to execute and attest on behalf of the City of Meridian the deed and other documents necessary to complete the transaction; providing for a waiver of the reading rules; and providing an effective date. De Weerd: You have heard this read by title. Is there anyone who would like to hear it read in its entirety? Okay. Council, would you like to take action on this this evening? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think we still have a public hearing that's open. I don't know if there is anyone that's here to testify. De Weerd: Thank you. Meridian City Council Meeting Agenda March 19, 2019 – Page 74 of 652 Meridian City Council March 5, 2019 Page 35 of 62 Coles: There were no sign-ups on this matter. De Weerd: Is there anyone who wishes to testify on this? I swear I asked that, but -- I don't see anyone. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Having no one here to testify, I move we close the public hearing on Item 9-D. Milam: Second. Little Roberts: Second. De Weerd: I have a motion and a second to close public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: You have heard the reading of Ordinance 19-1814. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-E, Ordinance No. 19-1814 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-E. 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. F. Recommendation to Allow the West Ada School District (WASD) to Proceed with a Reimbursement Agreement for Infrastructure Enhancement (RAIE) for the ‘Oaks Lift Station’ Pump Upgrades Meridian City Council Meeting Agenda March 19, 2019 – Page 75 of 652 Meridian City Council March 5, 2019 Page 36 of 62 De Weerd: Item 9-F is under a request by West Ada School District and I think Clint is here to cover that item. Dolsby: Thank you. Madam Mayor, Members of the Council, what you have before you is a recommendation to allow the West Ada School District to proceed with the reimbursement agreement for infrastructure enhancements to The Oaks lift station, which they are pump -- basically pump upgrades. When this lift station was constructed by Coleman Homes a few years ago it was oversized to accommodate some future development, but you also -- we also needed to complete some pump upgrades to accommodate the future development as well. So , in order to accommodate the future development The Oaks lift station pumps must be upgraded and this reimbursement will reimburse the high school for paying for these pump upgrades . Hopefully, it's the only reimbursement that's contemplated for this service area. So, with that I will stand for any questions. De Weerd: Council, any questions? Okay. If there is no questions for staff, do I have a motion from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess that is my question is what is -- what is the action that you or staff are looking for? Is it to accept the recommendation? Is it approve? I guess I'm confused as to what you're looking for from us. De Weerd: Clint. Dolsby: Madam Mayor, Members of the Council, Council Member Cavener, we were looking for direction to proceed with a reimbursement agreement and also aut horization for the Mayor to sign that agreement. De Weerd: So, that would be yes, that the recommendation is to proceed forward and -- and to bring the appropriate documentation back in the form of agreements. Cavener: Madam Mayor, thanks. And I apologize, I know that was covered in the letter. Sometimes it's -- if it's in the letter and what is requested before us sometimes aren't the same, so with that, Madam Mayor, I move that we approve the recommendation from staff to allow the Western Ada School District to enter into the agreement and invite the developer to submit a written reimbursement proposal and also authorize the Mayor to sign said agreement. Milam: Second. De Weerd: I have a motion and a second to approve the item in front of you under 9-F to bring forward the appropriate agreements to allow the reimbursement for infrastructure Meridian City Council Meeting Agenda March 19, 2019 – Page 76 of 652 Meridian City Council March 5, 2019 Page 37 of 62 enhancement on The Oaks lift station pump upgrades. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Citywide Strategic Plan Update De Weerd: Okay. Council, our next item is Department Reports and I will move to the podium. Okay. Well, I'm here for our annual update on the strategic plan. You know, I am really honored to stand in front of you to provide this update. This is the third year and I can tell you lately is I have gone from department to department meeting with the staff. There is a lot of excitement about the strategic plan and I have department staff asking how can we be involved in it. They don't see a specific objective or maybe a tactic that they own, but they want to know how they can be a part of that and so now they are challenging themselves in how they can actually look at being a part of the five different focus areas and what role that they play in it and we will get into some of that as -- as we walk through the plan and -- and -- and maybe share some examples at that time. Okay. So, I will go through what I have done over the last couple of years with the review of the status and what prompted modifications that are also in front of you and -- and each of you should have received yesterday a red line version of both the strategic plan and the different objectives, as well as the document that you will be asked -- not tonight to pass and adopt, but in two weeks. The dashboards, which will review the current completion -- or completion progress, close out reports and some of our key updates. The high priority objective updates that we have done over the last several years and , then, an overview of the modifications. We will be bringing two recommendations to move objectives from medium to high, as well as three that are requested to remove as they are unneeded. So, we will move into number one. Review of current status. Last month we had a review by our senior leadership team that talked about the plan and walk through each of the objectives and -- and the tactics and had a very good discussion. We wanted to make sure as we walk through there that each of these are still relevant , because we do know that a strategic plan that is actively engaged with is fluid and that we want to make sure it's still relevant and we must be serving a purpose to achieve the mission of our premier community. We also reviewed the proposed changes, discussed them and that's what I will be presenting tonight. Item No. 2 under the objective, this dashboard shows you some of the progress that has been made. Last year the update was at 16 percent completion, with ten objectives that had been completed and closed out. Currently we are at 27 percent complete with 17 objectives completed and seven nearing completion that are at 75 or greater in completion. So, the plan dashboard also shows you the total number of tactics that have been completed as the plan progresses. So , last year the update showed 36 percent complete with 19 percent in progress. This year we are at 53 percent complete. There are 22 of the objectives that are in progress and Meridian City Council Meeting Agenda March 19, 2019 – Page 77 of 652 Meridian City Council March 5, 2019 Page 38 of 62 24 that are not yet started. Last year that stood it 45. So, number three in our close out. Under this we will have -- we have five objectives that are ready for close out, with a few more that are very close to completion, we just couldn't get it all done before tonight. Each department lead will bring an overview for the completed objective and you will -- you will hear about some of their key milestones and get an update on how we are measuring success for each of these . While they are closed out that doesn't mean that they are no longer needed or being actively engaged with. So , at this point I'm going to turn the mic over to Cameron. Arial: Madam Mayor, Members of the Council, pleasure to be with you this evening. So, we are excited about this one that we have been working on for quite a while and excited to close this out and give you a little bit of a report on some of the findings. So, this 2.B.1 really was a fun one to tackle. One of the ways that we -- we went about this was to engage with MYAC. Truly the -- the youth of our -- representation of the youth of our community from, you know, a broad breadth of -- of the educational institutions and what we did is we put together a survey to kind of ping them and to see really what they are thinking about the local economy. What -- you know, is it a perceived thing that our youth our leaving our community or is that actually real and to kind of dive into that a little bit. What jobs excite them. What -- what things would keep them here and so just to share a little bit of those findings. Nine of those that were surveyed out of 16 said that they would be leaving our state. Three said that they would be remaining in our state and I'm assuming this is for educational reasons and the remainder were unknown. So , I think just that alone is somewhat interesting. Another is, you know, how many of them are receiving active counseling, both for career and education. Nine of them are not receiving any type of guidance. Six are. And that's coming from either parents and/or school counseling. So, interesting thought there. Real quick, you know, what kind of jobs excite them. You know, this was interesting. I think our economy is -- is diverse and our youth are kind of a representation of that. It's not just one technical thing or one , you know, big employer that -- that is keeping -- that is going to keep our youth here. I think it's how do we generate a diverse economy that can maintain them. One other just quick one. Eleven of 13 that responded said that it is a real perception that the youth of our community are -- are -- are leaving and that the majority of that is for higher ed ucation purposes and so from there this -- this discussion kind of transitioned into a -- kind of a narrative or a qualitative element, just to really dive into what they are thinking and what we discovered was that there is a real reality that Meridian is built for family and it's a good place to be, but not so much for our youth and -- and the 20 somethings coming up and that was interesting. Some of the comments that they had that there isn't a diversity of -- of housing for them, whether it's -- that's affordable and obtainable. Another was, again, connected to higher education, higher education opportunities. Of those surveyed -- let's see just real quickly -- 12 of them said that they were either going for a master's degree or a doctoral level degree. So, do we have that available in our community. I think -- I think that's -- that's important to consider. So, with that said I think it was -- it was a very enlightening process and we plan to do that again , as the Mayor mentioned, on an ongoing basis to really see that, you know, this -- this objective is not going to go away, that it's an important one. We also felt that it was important to couple this with our Comprehensive Plan, because I think these findings can inform some of the policy making Meridian City Council Meeting Agenda March 19, 2019 – Page 78 of 652 Meridian City Council March 5, 2019 Page 39 of 62 that's going to become the plan and also the results can become a part of the document itself, maybe as an appendices. But, anyway, I just thought that that was -- that was a good feedback that we were receiving raw and unfiltered from our youth and, you know, we -- you know, we would do well to pay heed to that, you know, and I think just in closing, one of the things that was important from some of our earlier Comprehensive Plan efforts is that we weren't really receiving that voice, you know, from some of the surveys, from the participation, we just were missing that 20 something and younger demographic and so we feel like this is a good way to -- to bring that into our -- into our discussion and potentially our policymaking. So, with that I will close. Thank you so much. Milam: Mr. President? Borton: Mrs. Milam. Milam: Cameron, more of a comment I think than a question and I like the idea of bringing in the youth and I would like to see that go forward, you know, in the future. However, I'm not sure that poling MYAC kids is the same as your average high school kid. They are like the cream of the crop. So, I don't know that you're going to get the same answers that you would if you figure out a way to get more of a generalize d survey out there somehow, but maybe through the MYAC kids you can get into some of the schools. It would be the same as don't do just Renaissance , you know, you're not -- your answers aren't going to be the same as if -- you know, if you're -- if you're doing the entire population. I don't know how, but I think that if you can get a broader base for a survey that would be awesome. Arial: Madam Mayor and Councilman Milam, great point. Certainly that's the goal. I mean we would love to be able to have much more of a representative sample. Certainly that -- this isn't certainly scientific by any means. It's just what -- what did we glean from our efforts with -- with MYAC. But great -- great point and I think there is a path for that. You know, it's -- it was very simple to send out, it's just a matter of having e-mails and we could -- Milam: Snapchat. Arial: -- we could do that. Snapshot. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Thank you, Mr. President. Cameron, appreciate the update on this one. This is one that, Council Member Milam, is of great interest to me. I echo Council Member Milam's comments. I think you guys have done a great job of developing the concept s, being able to integrate that with, you know, some of the other groups we see. FCC LA, SkillsUSA, I mean those are I think other organizations that will make it easy to branch or contact within to provide a better response rate. I would love to see the survey responses. Meridian City Council Meeting Agenda March 19, 2019 – Page 79 of 652 Meridian City Council March 5, 2019 Page 40 of 62 The other piece that I'm interested in is to have a good understanding as to what these targeted industries are. I think that's something good for the whole City Council to see. So, when you send us the survey results maybe also highlight what those targeted industries are as well, so we can kind of follow the bouncing ball as this particular issue continues to occur each year. Arial: Mr. President and Council -- Councilman Cavener, the -- the targeted industries is another part of the Comprehensive Plan effort and so, yeah, we will -- that will be -- it continues to be addressed and will be a part of the Comprehensive Plan as well, but the idea here with this is to try to inform that more and more to the extent we can. Thank you . Borton: Thank you, Cameron. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: And Mr. President -- and while we got Cameron, would it be appropriate to talk about other aspects in the strategic plan that he had a hand in? Borton: No. Palmer: Okay. Borton: Let's just -- let's get through. Maybe they will save it for the end. We will see where this goes. But let's get through this presentation and go from there. Arial: Thank you. Borton: Thanks, Cameron. Good evening, Christena. Barney: Good evening, Council Members. So, I'm here to present -- present the close out for 3.B.1. This is our benefits plan here at the City of Meridian. So, this was to develop a comprehensive cost effective benefit plan for the City of Meridian. So, this was to take a look at our benefit plan, make sure that it is financially sustainable, that it compares favorably to our competitors and that we utilize the best practices , trends, that we are evaluating our analysis, that we are using our broker, that we are using everything possible to make sure that we are ensuring the benefit -- best benefit package possible. So, we have worked through this objective. We have met all of the measures and matrix and we will continue to do so, even though we are closing this objective out. We have closed out tactic number seven. The benefits committee did decide towards the end of this, before we closed this out, that they wanted to see us secure our funding mechanism, so you were presented with a recommendation to move the city from fully in sured to self funded in November of last year and we are continuing to move that forward. With that recommendation they felt comfortable with us closing this objective out. That being said, we will continue to move this forward. Even though we are closing it out today, we will Meridian City Council Meeting Agenda March 19, 2019 – Page 80 of 652 Meridian City Council March 5, 2019 Page 41 of 62 continue to measure our benefits plan. We will continue to use those trends and measures and analysis year over year. We also have in effect and in the budget a benefit valuation that we have started. We have selected a vendor and are in the process of securing agreement with them to do a full valuation of not only our medical, dental, vision, but our benefit plan as a whole. So, I will stand for any questions. Borton: Thank you, Christena. Council, any questions? Good job. Barney: Thank you. Borton: Next up to the podium, Crystal. Ritchie: I'm sorry? Oh, we had two. That's right. So, Madam Mayor, Members of Council, thank you so much for having us this evening. I am here to talk about our strategic objective three point -- 3.B.3, which was to develop a succession planning program and although HR is the lead for this particular initiative , I want to take a moment and say we really could not do this without the commitment and the partnership from all of the department directors and their staff, to help us accomplish what we are here to close out this evening. So, the purpose of the succession planning program was to de velop and groom replacements for key critical positions across the city. This would include positions anywhere from directors to senior managers to other key roles within our organization. So, some of the key milestones that we had to make this happen -- we did bring in a consultant who provided the city's senior leadership teams and training. Once we had an opportunity to complete the training, then, we actually worked with each of the individual departments, asked them to identify what they would consider to be the operational key critical roles in each of their areas. Once they had an opportunity to do that we asked them to, then, look to see if they had any potential successors for those positions and evaluate those potential successors and their current skills, experience, knowledge, expertise against that of the current job descriptions for each of those critical -- critical roles and identify any skill gaps that we may have. Once they had an opportunity to do that, they, then, developed what we would call a succession planning development forum and how they would actually address closing the skill gap and getting individuals internally prepared for possible future positions here at the city. So , all of the departments collectively have worked and accomplished that. They have provided that information to Human Resources. We have looked at each of those development plans, given a thumbs up to the departments. They have communicated those development plans to each of the potential successors and so with that we are now into the implementation stage, which closes out the objective we have for you this evening. However, with that, if you look at the performance measures that you have in front of you, we have two that will be ongoing. Two of them -- one of them is going to be that the -- the succession plans are tracked through the performance appraisal process, through one on ones, those types of things and so that's going to continue as the city continues to grow, as the program continues to evolve, as we add positions to the succession planning program , as we work over the next three years with the individual successors we have identified to help get them prepared for possible future positions here at the city and, then, in addition to that, the fourth success performance measure you have there is 50 percent of identified Meridian City Council Meeting Agenda March 19, 2019 – Page 81 of 652 Meridian City Council March 5, 2019 Page 42 of 62 successors are retained by the city and moved into those appropriate positions and, of course, that evolves over time. So, with that we are here in front of you to close out this particular objective, although it will be an ongoing program and I stand for any questions. Borton: Thank you, Crystal. Ritchie: Absolutely. Borton: Council, any questions? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Crystal, when you began this process how many positions were identified? Ritchie: Fifty-five. Cavener: Fifty-five? And, then, of that how many plans, then, did you guys launch or how many individuals did you identify potentially be working within the identified positions? Ritchie: So, I did not bring with me this evening the number of employees that a plan was developed for, but I can certainly follow up with that. But what I can tell you is of the 55 positions that were identified, 29 of those positions have a potential internal successor. But I can certainly follow up with the number of staff. Cavener: Great. Thank you. Ritchie: Absolutely. You're very welcome. Borton: Council, any other questions? So, Crystal, a couple things that are obvious, but certainly true. There is nothing more important than the employees and our commitment to ensuring that they have the best training, support, certification, continuing education and helping them become better at what they do is the critical part, kind of our obligation to empower them to be successful and -- and benefit from a complete succession planning. So, cultivating talent from within is an outstanding opportunity for our city. So, we have to be steadfast and committed to supporting all of our employees in that fashion. Ritchie: And we wholeheartedly in Human Resources feel the same way and I stand here in front of you on behalf of the senior leadership team, who would agree with that sentiment exactly and we -- we appreciate your support and commitment allowing us to implement these types of programs that support the employee development growth and their career opportunities. So, thank you to all of you for that as well. Borton: Good job. Thanks, Crystal. Welcome, Chief Lavey. Good evening. Meridian City Council Meeting Agenda March 19, 2019 – Page 82 of 652 Meridian City Council March 5, 2019 Page 43 of 62 Lavey: How are you? Borton: Doing okay. Thanks for asking. Lavey: I am doing pretty good. They tell me I can go back skiing March 25th. So, I'm going to -- I'm going a little stir crazy, but I am walking much better. So, Mr. President, Council, I'm here today to close out Objective 4.A.5, which is become the safest city in Idaho regardless of size. The performance measure that's included within that objective was the old objective and it talks about the top one hundred safest cities in the U.S. and I can tell you that we have had that honor for many many years . We have fluctuated between the 40s and the 60s and the 70s, but we have always been under one hundred safest cities in the United States and that is what is creating part of our growth, because the successes that we have is that we can celebrate we are one of the safest cities in the northwest and people know that and we continue to get awards for that, but I want to share with you our status here in Idaho. We are the seventh safest city in Idaho , but we are the safest city of our size in Idaho. I do not know if we will ever be the safest city in Idaho with the rapid growth and the instability we have with the staffing levels, but I will tell you there is also some things that are beyond our control. Our mission is to -- is three prong. It really is. Education, prevention and enforcement. And that's in partnership with our citizens. But we need all those things to happen. We need our citizens to report crimes. We need our citizens to lock doors. We need our officers to perform self-initiated stuff out there. Right now our public calls for services increased 23 percent, which means that higher need for the public, lower opportunities for us to do proactive enforcement. So, there is just some things beyond our control. But with that being said, we are here to close out the objective and celebrate some successes, because for a city our size we are truly amazing in what our stats show. But with that said, this is an objective that's never going to be finished. You can't sit there and say, oh, we are done. It's ongoing. So, right now Vincent and I and -- and our staff are developing new tactics to address the future, so we can maintain or improve our status and with that I stand for any questions. Borton: Thank you, Chief. Council, any questions? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Mr. President, Chief, I am confident that with -- between booting and regulating e-scooters we will become the safest city in Idaho, regardless of size. Lavey: Could I hold you to that? Cavener: Mr. President? Borton: Mr. Cavener. Meridian City Council Meeting Agenda March 19, 2019 – Page 83 of 652 Meridian City Council March 5, 2019 Page 44 of 62 Cavener: A couple comments. One, I have to agree with the chief, it's a Catch 22. People leave their doors unlocked and their windows enrolled, because they feel that we are in a safe community, which then, promotes crimes of opportunity. So, you're right, it's -- if people didn't feel so safe they would lock their doors more , so maybe the way to get people to lock their doors for our law enforcement to do worse of a job tha n they are already doing now, which, then -- again, I don't know how to solve that. Recognize the challenge. I will say the title says become the safest city in Idaho regardless of size and -- and you say that we are the seventh based on size. I'm not going to give you a hard time with that, but maybe it's an opportunity to revise the title, maybe one of the top five safest cities in Idaho. Lavey: Part of our close-out report -- actually, Mr. President, Councilman Cavener, part of our close-out report has that exact comments in there. It talks about how the title may be inappropriate. It's achievable. It's how long, how much money, what is the public willing to put up with to get there. But I think it's unrealistic right now with our growth and so there is a proposal to change it to -- and that's why I used the word that I used, safest city of similar size or -- or our size, so -- Cavener: Then Mr. President? Borton: Mr. Cavener. Cavener: If I recall when we were initially going through this is we had substantial discussion about, you know, sure, we could be the safest city in Idaho if we had unlimited resources and more -- ability to recruit more officers than we would need. So, it's doable, it just comes with a very very high cost and an influx of , you know, candidates that kind of meet our criteria. So, I appreciate maybe there is going to be a change. Appreciate the great work you usually do. Lavey: Thank you. Milam: Mr. President? Borton: Mrs. Milam. Milam: So, chief, just out of curiosity, what is the safest city in Idaho and what is their population? Lavey: Mr. President, Councilman Milam, that's two questions. The safest city in Idaho is Rexburg and I do not know their current population, but it's around 40,000. You could probably Google that right now and it will tell you. Milam: Thank you. Borton: Thank you, chief. Appreciate it. Meridian City Council Meeting Agenda March 19, 2019 – Page 84 of 652 Meridian City Council March 5, 2019 Page 45 of 62 Lavey: Thank you. Borton: Good job. Mr. Siddoway, good evening. Must be next. Welcome. Siddoway: Mr. President, Members of Council, this has been a fun one for us. Objective B.4. It's in our recreation division. Set targets. Identify gaps to play programs, activities, and events that promote family centered recreational opportunities. One of the themes that is recurring with everyone, including me, is that this one leads to elements that are, obviously, ongoing and don't just end with this. However, there were a specific set of tactics that went along with this one to go through a round of identifying these and seeing where we are at. So, some of the important events that happened along with this particular objective was inventorying our existing recreation programs, looking at all our activity guides and putting them into categories of different types of class es and camps and who they are for, are they for, you know, preschools or teens or adults and, then, we went through a process of identifying and prioritizing where we saw gaps and we did that with our Parks and Recreation Commission. Trying to remember which of my liaisons was there. I think it was Council Woman Roberts last summer when we came to the commission and had a list of various categories of types of programming and asked them to help us prioritize those gaps. The high priority gaps included additional teen and -- teen and tween programming, social activities for adults and seniors, adaptive recreation and more outdoor adventure activities. So, our -- we have, then, gone through and developed our CFP, which is based on a whole host of input, but this is one of them and I think that we are to the point where the objective is now met for this round and we will take the lessons learned and use that as input as we continue to evolve our programs. With our activity guides we are a little bit at the mercy of, you know, contracted instructors and what programs are available to us to do, but it's good to have the information in case we have an opening and two competing classes -- class possibilities and one is in one of these priority gaps and one is not, we can -- we know which one to prioritize. So, with that I will stand for any questions. Borton: Thank you, Steve. Council, any questions? Siddoway: Thank you. Borton: Thank you much. Appreciate it. Oh, awkward. Chief, welcome back. Lavey: We are actually -- Mr. President and Council, the Mayor and I will share this one with you, but fresh off the press, 2019 figures, Meridian is the fourth safest city in Idaho. Borton: Outstanding. Lavey: So, we have Rexburg, Middleton, Moscow and then us. So, we are improving by the minute. And Rexburg has 28,000 people. Milam: How many? Twenty-eight thousand? Meridian City Council Meeting Agenda March 19, 2019 – Page 85 of 652 Meridian City Council March 5, 2019 Page 46 of 62 Lavey: Twenty-eight thousand. De Weerd: And I would point out on both Rexburg and Moscow is they have campus police. Those numbers are not included. Lavey: Correct. They are also a dry community in one of them. Borton: Interesting. Thank you, chief, for the update. De Weerd: Just saying. Because we really are competitive, so -- I am proud of our police officers. Borton: Welcome back, Madam Mayor. De Weerd: And so you have heard five close outs. You heard two last fall. And so that was seven in total, bringing it to a total of 17 that you have had close out s on. So, in addition to the close out, in the updates we have key updates on previously closed out high priority areas. As well we have a key update on a medium priority that is regarding Public Works and utility infrastructure. So, I will get to that. We thought the senior leadership team thought that it would be important to highlight the one strategy or objective under the Public Works. So, under Objective 1.A.2, this is out in the Ten Mile area. I think many of you heard the update that was provided during the State of the City where you have Paylocity, Horrocks, Ball Venture Ahlquist, AmeriBen, Zennify and Capital Auto Loan and Premier Pool. They are all residing out there. They moved there in 2018. And 2019 we see Kristin Armstrong's PIVOT. Brighton hopes to have a ribbon cutting on May 1st. They are going to start move in later this month. So, they are excited about that. AmeriBen is already expanding outside of the building that they origina lly moved into out there and that's currently underway. And Marriott Hotel has announced. We have a 6,000 square foot food pavilion and some exciting food choices that are going in out there and just announced a four story 200 -- or 120,000 square foot building just came in for a permit as well. So, that will be on the east side of the Paylocity building. There has been no payout today on the tax increment financing piece of it . They haven't gotten enough increment yet and nor has the developer submitted for reimbursement, but anticipate that by year end. Objective 2.A.2. This is an objective that we had to look a little bit -- it's a legacy objective that hasn't disappeared. We did look at refining the -- the performance measures on this. Vince has been going around with each of the departments and with all of the objectives looking at the performance measures and -- and trying to find some consistency in the KPIs and -- and really what is it we are looking to track and how do we know that we are moving the dial, so -- and performance measure number one, the economic development steering committee has not met. So, it came to the question of is this committee needed. It was determined, yes, it is needed, but putting in some of the measures is set defined goals for each meeting that we are engaging, that we are leading and that the participants are engaged and are appropriate to be at the table. Also in this performance measure we are looking at what does success look like. So, with this committee in the long term we want to know what are the top three things that we want to accomplish with this growth or with this group and those are things that Meridian City Council Meeting Agenda March 19, 2019 – Page 86 of 652 Meridian City Council March 5, 2019 Page 47 of 62 are important to the success of that committee and -- and even giving it reason to meet and to be involved in -- in this area. Performance measure two with the partnerships, brokers, developers and property owners, what are the outcomes that we -- we want to accomplish with these partners. Are their marketing materials that are shared both directions. Are we sharing? Are they sharing? And are they being used? Are they relevant to what these partners are needed? And we want feedback from these partners on what can we be doing better and where can we be improving. So, just keeping that constant communication is -- is very important that it's consistent and it's regular. Performance measure three on the annual leads. What is our follow up on the leads and -- and what is the outcome. How are we utilizing our partners in that for the referrals and where are we succeeding and do we do a debrief and understanding where those successes are. In the area that we pulled a medium priority into a Council update is 1.B.4. This is to provide and guide desired growth with investments in utility infrastructure and services ahead of growth. This objective is about providing our citizens with planning and building infrastructure in a timely manner and it's -- it's really indicative to good growth and what are those good growth patterns. So, some of the key activities in that -- first we have our Public Works that do their capital financial plan and the ir rate models. These are updated annually and they are on ten year schedules. So, these are very in depth and they are looked at annually as to relevance. Our water masterplan and sewer facility plan are also currently being updated and when you grow as fast as we are growing that's really important to the integrity of our systems and the long term planning and how we are -- we are spending our dollars. The second area is in that infrastructure investment and service impact tool. This is being developed along with the Comprehensive Plan. So, another aspect. The Comprehensive Plan is producing a number of different outcomes for this strategic plan. This impact tool will rate and score developments based on criteria, including how close they are to trunk sheds, pipe and infrastructure modifications that might be needed. So , this tool will give City Council, our staff, and developers more information before they pursue a development in a certain area of our community to know do we have the services in there, what will the cost impacts be and are we ready to serve. This effort should be ready by the end of 2019 or early 2020 and it will provide great insight into how development will impact and affect our future services. One last area is just to touch on the mass amount of capital investment that's going on right now. Seventy million dollars in projects that include Well 33, we put in the infrastructure in the south Meridian area, having that poised for development and can can't forget the wastewater treatment plant -- the waste resource recovery facility and their capacity and headworks projects. Those are major and right now our staff are really engaged with how to put these improvements online. So , now we will delve into item number four, the high priority objectives for a deeper dive on the plan with the high priority and if you want the deeper dive , the software program or tool that was developed has a wealth of information in it. Vince really makes sure that the departments are going on on a regular basis and updating their activities and -- and putting relevant information regarding the -- the objectives and the progress that they are getting. So, I encourage you to go on and take a look at those. So, the first area 1.A.1. This area is in regard to our Old Town and we do have a proposed modification on this. First I will give you a brief update. Certainly the percentage complete is -- is still unchanged at 25 percent and what we did find is it needed that modification in order to move it off of dead center, because Meridian City Council Meeting Agenda March 19, 2019 – Page 87 of 652 Meridian City Council March 5, 2019 Page 48 of 62 of how it was -- it was worded. So, this was one of those that was closed out. It was reopened because we didn't think it should be closed out yet and we did want to refine the wording so it could be more relevant. Certainly the first project to highlight is exciting with the transfer of ownership of the former city hall into the private sector ownership. It's no longer publicly owned and we look forward to -- the environmental testing is currently in progress. The demolition begins this month and they anticipate the groundbreaking in April. They do estimate 2021 occupancy -- early in 2021, so that is going to be a catalyst project to our downtown. 2nd 1/2 Street, the -- the townhouse project that was discussed well over a year ago has been transitioning into a number of different things. Right now they are marketing it as a high end apartment development and they are seeing what kind of interest and activity that they can create there. Not necessarily the place I would put high end apartments, but maybe they have a long-term vision on that that this will be a catalyst project in that area. There are a couple of other developments that have been coming and talking to the city and our city staff and we hope to be able to talk more about that in the near future. The city -- the community development director and the administrator with the MDC are -- have been working well together over the last year to collaborate on a number of things and I think you saw that most recently in the CDBG project with the sidewalks, trying to get that moving forward and Crystal was just a rock star in trying to figure out how we can get those connections in an older part of our community that does need a safe route to school and -- and make that a higher priority. That was a great collaboration. MDC approve the recommendation that City Council heard by Crystal a week or two ago. And, lastly, in communication we are having the joint meetings between City Council and the board, as well as quarterly updates by the city -- by the MDC administrator. We hope those are proving helpful to City Council. Now on the modification, the downtown needs to be supported by o ur city and this objective change should allow us to focus more in doing that. We feel that there is value in what the city can add. In fact, early into the development of MDC a lot of the work was created from the city in trying to evaluate our codes and look at how we can be part of the success of a redeveloped downtown. The tactics to support this modification are really centered around engagement with MDC on the parking policy and parking solutions , utilizing a committee within the city realm to evaluate current and future city employee parking and engaging with firms that look at community design in the downtown, as well as review of codes for flexibility that are supportive of redevelopment. So , that -- that modification is in the red lined version that you have in your packets. Objective 1.B.1 is to define and articulate the city's growth goals. Last year this -- this was at zero percent and this is also one of those that are tied quite closely to the Comprehensive Plan activities that we have going on. This will be a future growth and guiding document for our city and how we work with our Comprehensive Plan, as well as starting conversations on managing our growth for the next generation. Completed or the evaluation of the strategic plan and comp plan goals and that is really information that was gleaned from the participants, in the public processes, on the surveys and on the online forums. These have been used to bring to the steering committee to inform the document and how it's going to be brought forward to public comment. They have also formed focus groups in the areas of housing , economic development, community design transportation and others that also will take the information gained from the public participation, the focus group, truth that and brings it well into the -- the plan. Our next steps are to compile our growth goals , both short, Meridian City Council Meeting Agenda March 19, 2019 – Page 88 of 652 Meridian City Council March 5, 2019 Page 49 of 62 medium and long term. Engage our stakeholders, such as MDC, property owners and to further refine the city's draft and, then, to publicize the growth goals with a plan for adoption by City Council. This is looking to complete by November of 2019. In Objective 1.C.1, this area was 33 percent complete last year. It's now 66 percent. We feel that is a major accomplishment to have come up with an agreed on line with the city of Kuna that with both cities -- you heard about it at the joint meeting with Council and the Planning and Zoning Commission. W ith the nod that we received there, we will be moving it forward into the Comprehensive Plan and -- and so will Kuna. Once both of our elected bodies adopt that, that will move to the county to -- for their -- their action. Okay. Was that you, Mr. Harper? How did I know that? I didn't even have to look. Okay. 2.A.1. This was previously -- previously reported to you at 68 percent last fall. It is now 84 percent complete. We have established the Executive Pulse software and implementation. They will be walking through that tomorrow for training. Th is software will -- will allow the city to track, monitor and instantly bring up information on existing businesses , as well as catalog the efforts to bring business into our community. The second area , the key performance indicators, they have been drafted to complement the efforts of the economic development administrator and Vince continues to work to refine those to make sure that they are relevant to tracking the kind of information we would like to do. So, a next steps to develop tools. The final piece will be to our new target industries and that will bring all the pieces together in -- in terms of how to move forward in the economic development plan with the Comprehensive Plan. The other tool is the economic development opportunity zone and using those to further our -- our goals to attract business to grow our business and to continue to grow the number of jobs in our community. The date has changed. The complete date was moved to align with the industry analysis and so it is moved out to May 31st of 2019. Objective 2.A.3. There is no change in the percent -- percent complete. This effort is so important to the kinds of industries that we are looking to in the future to keep our -- our economy vibrant and to bring those family wage jobs. Research has been completed on the certified sites and target industry analysis will be changing this objective and so you do have a modification that is proposed and that is to really reflect what the new industries should be as we complete the Comprehensive Plan industry analysis. Now, the draft industry suggested -- and I think Mr. Cavener had asked what those are looking to be. They are coming back as manufacturing, healthcare, professional services and technology and they are looking at a projected ten year growth in those areas that would, one, create 2,600 jobs in healthcare, 765 jobs in finance insurance and 460 jobs in the professional and technical services. This also projects growth in office space of over a million square feet. Industrial space at two million square feet and to continue to be a live -work area, not just someone that exports our residents in the morning, but can leave them here in our community where they can live and work. Objective 3.A.2 is to improve citizen access to government. This is also at 90 percent. It hasn't changed and a lot of that reason for kind of being frozen in place is because we are looking at how we can use live video testimony and that was found that it is not viable and that we need to explore other options for testimony here for the City Council public testimony. What we have completed is that NextDoor is being fully utilized and all of our commissions are now live streamed. The completion of the telephone Town Hall and that will be highlighted in two weeks at the Mayor's Office update and the executed polling on the e-scooter ordinance was another way NextDoor Meridian City Council Meeting Agenda March 19, 2019 – Page 89 of 652 Meridian City Council March 5, 2019 Page 50 of 62 was being used. So, this changed because of the barrier we -- we hit with the live video testimony is being moved out to September 1st of 2019 and we will bring updates within the next six months on that. Objective 3.B.4 is now 55 percent complete. It was 40 percent last time I updated you. We have reviewed and approved the future program content that was related to the employee engagement program with the senior leadership team. This was really brought through the survey of our employees, as well as the follow- up plans from each of our departments and some of those things said their employees gave in feedback of what -- what kind of programs are important, such as community engagement, employee communication, awards and recreation or recognition programs and those are being now looked at in terms of how can we implement them. Will they be effective, developing KPIs, and any cost impacts that can be considered with the budget process. In Objective 3.B.5, this is being actively worked on and it's not reflected in the ten percent completed. However, there is a lot going on. We have Councilman Bernt and Borton involved in this. We have been plowing through the -- the documents in terms of what is the policy. The committee has affirmed to keep our pay for performance philosophy. They have reviewed the existing program and we have also used input from our employee exit analysis that we do every year and that has helped inform that as well. So, next steps are looking and considering new forms of compensation. What program impacts will be and the committee will be deve loping recommendation and performance reviews are put in place to meet these outcomes. We are looking to change this to keep alignment with the committee assignment and that will move it out to October of 2019. That is also noted in your spreadsheet. 3.D.1. This has moved from ten percent complete to now 65 complete. We have evaluated the needs, the budgets and the future opportunities for the current written objectives. Most departments have also looked at what resources they have available and what is needed to work both the high and medium priorities and if working the low priorities would necessitate new resources. So, they have been working with Vince on that. One of the things that has come out in this is a desire for a couple of our departments to utilize interns. These would be used to help facilitate programs and we have an intern in the Mayor's Office that is for credit, so it's at no cost to the city. So, it is exploring what some of these programs would do. The next steps are complete the plan on time. That would be good , Vince. Use the vision and data gathered from the Comprehensive Plan and put those into our objectives and tactics and really what are the lessons that we have learned over this first three years and how we can use them to inform the updated five year plan . For Objective 3.D.2, that was just begun and it's ten percent complete and this area of developing and deploying a city wide performance measure, monitor and reporting program, has been more complicated and I think that Vince has really been working well with all of the departments and they have really stepped up in seeing what can they do in developing key matrix and indicators in establishing goals and outcomes that are relevant to the strategic plan. What does success look like? How do we measure it and what outcomes do we want to achieve in each of these programs. And right now Vince and I are going over the numerous different indicators and -- and seeing how they work and we are working with the departments on that. There is a change on this one. Reality is the -- the objective only had nine months from start -- from the start date to the completion day, so we are moving this objective out to better reflect the time that's needed to refine, collect data and to developing a reporting platform that makes sense. So, estimated completion date is December of 2019. Meridian City Council Meeting Agenda March 19, 2019 – Page 90 of 652 Meridian City Council March 5, 2019 Page 51 of 62 Objective 3.D.3 is the Peak reporting and Vince will be providing an update on that in two weeks and so I think I'm just going to -- unless you guys are dying to hear this right now, I will let him provide the update in two weeks on what the -- what's going on in this objective, but I think that we will be bringing a recommended course of action to develop a city wide continuous improvement plan and that's really what they have been doing. I will highlight an example of what the Peak training has gone though. There is a pilot program going on in community development. These are all staff members that have an interest in process improvements. They volunteered to be part of this group. They call it the I Team or Innovation Team and they took a very small -- they wanted success, so they took a small project that now takes duplicative and redundant action of uploading documents to laserfiche that was already being done and they eliminated that step in their process. Also many of our departments are now tracking phone calls within their departments and they are looking at why are people calling, should that information be available online and how can they train their staff to answer the questions, so they don't have to transfer the call and so that's going on in a number of our departments and -- and there is great collaboration working together on that . Objective 3.E.4 on priority based budgeting. Our financial analyst has compiled work from all of our departments. This is a load of work that he's put into it. So have our departments. They have identified every program and effort in their departments and they have assigned time resources to it. How -- how much of their department time goes towards that effort and now they will be looking at what are the costs. So, we are trying to drill down into the cost of services and so this -- this is moving into the next phase and prioritizing programs and having them align to the strategic plan. Objective 4.A.4 is under our deploy programs and identify gaps to enhance the community's perception of public safety. One of the steps that was involved in this is our SRO leadership team worked together to identify key programs that they do and what those demographics are, such as parent engagement, social media, et cetera. So, with that they will be evaluating the effectiveness of these key programs and ensuring that they are meeting the established outcomes that they want in those areas. Another effort is our new crime prevention specialist is being trained in multi-family housing crime prevention and they will be tracking the effectiveness and the outcomes regarding that. And another area they really wanted to highlight was in their records management system. It's now online. IT really assisted with that. They are excited to have that online and data is being tested. Some of the next steps with this is to evaluate key programs for their cost benefits and their effectiveness. They are developing a communications plan and they are excited to do their first joint Meridian and Nampa police academy that is due in April. So, finally, item number five -- you can clap. Okay. Proposed modifications that weren't part of the high priority areas, I have two that we will discuss and -- and, then, three that we want to remove. So, the first one really is -- if you have your plan in front of you it's on the first page of the plan. It's 1.B.2. Identify growth -- priority growth areas and incentify growth and development. It's part of our annual review of this plan and with the upcoming Comprehensive Plan modifications, this discussion of priority growth areas must be a point of our conversation and so we felt that this was really important to move from medium to high priority. As I mentioned in my State of the City, density and strategic growth decisions as part of the Comprehensive Plan update has been raised to a new level of importance. Discussions such as what tools do we use to steer or guide growth. Should we look at continuing to expand our areas of impact or annex within the area that Meridian City Council Meeting Agenda March 19, 2019 – Page 91 of 652 Meridian City Council March 5, 2019 Page 52 of 62 our city limits -- we have a lot of enclaves and having it closer to where the services exist and looking at fee model discussions. The second area is 1.C.3 and in reframing this objective -- the original was written to a Pegasus report that is starting to evolve with the update of the Comprehensive Plan on defining the open space aspect. This reword is to reflect our 2017 citizen survey, as well as the comments that we have gotten in the Comprehensive Plan. That is to support preservation of our community's heritage and a commitment to open space. We need to know what is open space and to our residents and how are we going to define that. Is there a community desire to identify areas to keep rural heritage and what does that mean and ag preservation and what does that mean in a city area of impact and not in a county aspect. So , this objective really should modify -- be modified to fit the comments that we are getting and , again, this is an evolution of the strategic plan from where it was when it was originally written to where it is now. Mr. Palmer. Palmer: Madam Mayor, Mr. President. I mean when we first had the presentation from the organization that came saying, hey, let's lock down property forever as -- as farmland and I started going, whoa, whoa, whoa, everybody stop, this is crazy. People were saying you're crazy to worry about it. Now here we are moving this to a high priority to look into maybe possibly making this happen. Man. De Weerd: I don't -- I don't think that anyone is suggesting that. It's what is it. We are getting these comments frequently and in order to have a relevant conversation you really have to know what is this conversation. You heard from one specific group. I don't think that that is what the feedback is that we are getting, but until we -- we find out and -- and put time and resources into figuring out what does this mean, your definition, my definition, their definition probably all different and -- and that's why we want to move it as a higher priority is what is it, because it's on -- it's top of mind on people's concerns and -- and you have to be able to respond to it and so it is just moving it to a higher priority, so we can have the conversation. And we can provide it in the updates to all of you. Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: A question -- De Weerd: I'm sorry. Cavener: Sorry. Sorry. Mr. President. My apologies. De Weerd: Mr. Cavener. Yes. Cavener: Thank you, Madam Mayor, Mr. President, Mr. Nary. I guess may be a question for Mr. -- Mr. Palmer. Is -- is your concern with the word preserved? I guess I can understand from a John or Jane Q citizen seeing that if -- if I had some aversion to the city preserving land, as opposed to the city working to acquire land -- either way do you Meridian City Council Meeting Agenda March 19, 2019 – Page 92 of 652 Meridian City Council March 5, 2019 Page 53 of 62 -- are you bent out of shape? I hear where you're coming from, I guess I apologize for the term bent out of shape. Palmer: No. Cavener: But I'm hearing your concern, I'm just curious if your aversion to the changes because of the word preserved or your aversion to the proposal is holistic in nature. Palmer: Whoever is in charge. I -- there are several reasons why it concerns me and bends me out of shape, even though I feel I'm well rounded, not just because of my eating habits, but -- jokes tonight. One of -- one concern I have is, you know, I look at what Boise is doing. You drive through Salt Lake, you look at their -- you know, the lower portion of their mountains and they are gorgeous, because there is homes and landscaping and they are amazing. You look at ours and they are beautiful foothills for about two weeks while they are super green and, then, they are a muddy, brown, ugly mess the rest of the year and I wish that we were building up those, because where we do have subdivisions they are gorgeous and landscaping green and -- and -- and help with fires from my understanding thanks to the landscaping and irrigation and whatnot that's happening there. But we have Boise spending tax dollars, given the citizens voted for it, to lock down foothill land, so that it can't be built on in the future. As the -- the left side of our political spectrum continues to move west into our city, I fear that if we go down this road generally pretty much all we have is -- is flat land with the exception of our two rims and so if -- if we are going to be locking down anything it's going to be some cornfields and whatnot and I think that if somebody who owns the property wants to hold onto it and -- and figure out some kind of contractual obligation to any future landowner that it can 't be developed, go for it, because I am all about that property right, but I don't think it's the role of the city, even if the people were to say, hey, yeah, let's -- let's get everybody to chip in to lock down land, it's not the role of government to even contemplate that idea. Whoever owns the property should be allowed to kind of decide what they are going to do with it going forward. My other concern with -- with this moving up as a priority is within that same objective we have still a tactic that ment ions the Fields District and is actually being worked on. It's my recollection that we def unded any Fields activity, yet there is meetings taking place about implementing the Fields District plans and investigating opportunities around that. I feel like if we move this objective to a higher priority that it could be kind of a workaround into still keeping that alive when this Council has made clear it's dead. Borton: Madam Mayor. De Weerd: I'm not sure if I'm -- I'm supposed to talk. Mr. President and Council Members, this is -- is -- and if we need to put -- to cross to be preserved, but it is an area that has to have further discussion and our citizens -- this is one of the number one things that have come back with the Comprehensive Plan. It's something that needs to be discussed and -- and by raising this as a priority we will -- if Council agrees with the rewording of this -- because we did try to take out as you see the -- what we lined out, identify economic opportunities for interactive educational and agricultural industries, it is more in what is Meridian City Council Meeting Agenda March 19, 2019 – Page 93 of 652 Meridian City Council March 5, 2019 Page 54 of 62 open space, what is historical significance, and -- and cultural heritage, so we can better understand what is the direction our citizens are coming from. Once this is approved , the tactics will be written to support it. Right now we can't rewrite tactics until we know what the objective is. So, that's why you don't have rewritten tactics, because we don't have an objective that is relevant. So, there you go. Okay. Our last area is removing 4.A.3, 4.B.3, 4.C.3. These are seen as -- and needed as full objectives and these can be accomplished in their respective goal areas is tactics. So, we don't think they need to be written specifically as an objective. These each -- legal will evaluate, they will take action on items to look at what needed changes are in each of these areas as it relates to policy codes as part of the development of the safe, healthy and secure initiative -- initiative and we think that by removing it it removes redundancy in the plan. So, with that the next step we will bring this back in two weeks. If you have questions, if you want further detail to be brought back, we can -- we can do that and at that time look to adopt the amended plan and the proposed modifications. Borton: Thank you, Madam Mayor. De Weerd: Thank you. Borton: Appreciate the update and information and the directors who presented as well, so -- Council, any wrap up questions? Otherwise, we will see it in a couple weeks. All right. Thank you. De Weerd: Thank you. Borton: There is a request to take a five minute break before we get into the next topic , so, Madam Mayor, if that's okay. Take five and, then, quick break. Okay. (Recess: 8:53 p.m. to 9:06 p.m.) B. Mayor's Office: Update on Government Accountability Officer Position De Weerd: Thank you. Okay. I will reconvene at our meeting under 10-B -- I'm sorry, I'm losing my voice already, because of that riveting strategic plan update I'm sure. Item 10- B, update on government accountability officer. I have met and discussed with all of you in some form or fashion and this has been discussed in various forums since 2014. I think what -- in discussing with you, with our senior leadership team, we all agree that we want strong, internal controls and systems, we want good oversight of department spending, on policy review and -- and how that policy is being applied. Process improvement review. That's something that Vince is very active in. Strategic plan oversight and program audits on a -- kind of a program-by-program request from the Council or the Mayor and -- and looking at what are priorities for the city. So, a lot has happened since the initial discussions in 2015 in terms of addressing some of those through our Finance Department, our support services director when we had it, with our strategic analyst, our finance analyst, the policy review from HR and Legal. So, it has -- Meridian City Council Meeting Agenda March 19, 2019 – Page 94 of 652 Meridian City Council March 5, 2019 Page 55 of 62 it has changed a lot over that period of time and so how -- I would like to bring a budget enhancement for this upcoming budget to address areas that positions like the financial analysts, the strategic analysts, our CFO and our Finance Department and their oversight and HR and Legal and policy overviews, that Council would have a line item specific to those special project or program audits that are desired to talk about at the budget year, so we can give a good indicator of what costs might be and we can find specific people that would be qualified to delve into the different areas that Council would have a desire to have a deeper dive in. So, I will be bringing that for this budget year for the discussion and the detail at that time. So, I just wanted to give an update. Those were the key areas that I tried to summarize feedback that we received in both written and verbal form and I wanted to bring an update. So, I guess stay tuned. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sorry, I guess I had maybe trouble following the bouncing ball. Can you maybe share this again what it is that you're planning to bring? I heard at one point it sounded like maybe resources for staff , but, then, another comment it sounded like multiple positions and I guess what I'm hearing is what you're planning to bring is what you think addresses the concern or questions brought up by Council for the government accountability officer without creating the government accountability officer. Is that accurate? And, if so, maybe summarize for us what you're planning to bring, so I have a better understanding. I just was very confused from all the words. I'm sorry. De Weerd: Okay. Well, in 2015 when the position was discussed and a position was defined, there were more statements in areas desired that would be focus of an individual or individuals and so I summarized that in the -- the different areas and I could even say that in those different areas a number of programs and positions have been created that are addressing certain aspects. It's not in one person, but it's in several, whether it is the CFO in looking at strong internal controls and systems and your oversight of department spending, which is not only the Finance Department, the financial analyst, department directors, there is a number of people that have responsibilities in -- in those areas with the policy review and application or how that's applied . Legal and HR will be bringing within the next couple of months that review and -- and ask for City Council feedback. You have our strategic analyst and our department directors that are overseeing strategic plan implementation and accountability, as well as process improvement reviews and areas. You have individual requests that have come up on occ asion from either myself or the Council and we have had consultants like John Croy that have come in and done an independent audit on something very specific in relation to that request. So, a lot has happened in the last three years that have addressed a lot of the different things that have come up in those conversations. My -- my path forward that I will be bringing for Council discussion and consideration would be for a budget line item that can be used for specific program audits that should be identified by Council during those budget discussions on prioritization of where those programs are desired to have an audit and -- and we can appropriately fund those with that line item. Meridian City Council Meeting Agenda March 19, 2019 – Page 95 of 652 Meridian City Council March 5, 2019 Page 56 of 62 Cavener: Madam Mayor? And, again, my apologies. So, if I'm -- if I'm hearing you correctly your -- what you would plan to bring forward is a -- a line item request for outside sources or an outside resource to respond to inquiries that come from Council as part of the budget process; is that accurate? De Weerd: Yes. A neutral third party -- Cavener: Perfect. De Weerd: -- that's probably more specific -- has more qualifications that would align with whatever program audit that's being requested. Cavener: Okay. So, Madam Mayor, then, just for clarification, from your perspective, then, that would fulfill the request or discussion from Council around the government accountability officer. De Weerd: I think the duties that were contemplated have been parceled out to a couple of different positions that have been approved by Council since the original conversation and that those different aspects are within the responsibility of different people in the city organization. Cavener: Okay. Madam Mayor, then, maybe just one more question. Where does the conversation by the government accountability officer go from here then? De Weerd: In terms of you want someone doing duplicative duties? Cavener: So, Madam Mayor, I'm just -- I'm trying to follow what you have presented. I understand that you have had ample time to review and put this together and we are just getting this for the first time, so I'm just trying to merely see what it is you're trying to accomplish and what -- if that is in line with what the City Council wanted to accomplish. De Weerd: I think my -- my -- I was to update on the government accountability officer position and the -- I was to take feedback from the Council in areas that they would like to see focused on and this -- this list was more from two of our six Council Members, but I did want to point out that much of this is already within position responsibilities and for those audit requests that seem to be a higher interest in the majority of the feedback that I received, I think can be accomplished through a professional services line item that can go specifically to those program audits that Council prioritizes during the budget and requests. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: I thought I understood this really well until -- until you just explained it. So, I guess the part that I'm confused about is do the specific -- okay. So, here is how I -- thought I Meridian City Council Meeting Agenda March 19, 2019 – Page 96 of 652 Meridian City Council March 5, 2019 Page 57 of 62 understood it to be. Well, since we have discussed having this accountability officer, we have -- now we have Vincent and Brad who are doing a lot of the duties that this person would have done. Now, we are going to have a line item during the budget tha t's not specified for anything necessarily, other than a line item to have outside services come in when there is something that we need looked into. That's the part that -- that doesn't -- I -- why should it have to be identified specifically a year in advance? If something comes up six months into the budget year -- I guess that's the part that I'm struggling with. Borton: Can I interject? Milam: Yes. De Weerd: Uh-huh. Borton: I think the disconnect is -- as I understand it, what's happening is there is -- there is a funding line item available for outside resources as needed , the dollar figure to be determined. Stay tuned. How then -- once that's approved, how that money, if any of it, is utilized over the course of the year is determined over the course of the year when and if the need arises. It's not -- and so I heard it the same way. I don't think it's decided how it would be spent -- Milam: The amount. Borton: -- is part of the approval process and it will be utilized as needed, as directed by the Council if and when the opportunity arises. That's the extent of what now is. That's the update. So, when I hear you say stay tuned, it's stay tuned for what the dollar figure is and, then, our discussion on if and when and how we want to fund it and ever use it. De Weerd: Yeah. Because -- and I think what we tried to show in the AIA contract review and audit is that a lot of that can be done in house. If Council wants a third party -- someone that is not an employee to do the audit, then, that would come from the -- the line item budget. So, you -- you and Joe -- or Councilman Borton had the correct. Milam: Okay. Thank you. Amount to be determined during the budget, not where it's being spent necessarily. Because maybe it won't be spent; right? De Weerd: Yeah. Milam: Okay. Hopefully. All right. Thanks. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: So, we -- as we all know we have been talking about this for a long time and discussing it and now have a little time to , you know, maybe ponder what I would think Meridian City Council Meeting Agenda March 19, 2019 – Page 97 of 652 Meridian City Council March 5, 2019 Page 58 of 62 that this -- this job would entail and I realize -- just preliminary, but just maybe some talking points that I would be interested in discussing in the future. Number one being I feel if this is something that we are going to pursue, I feel like this needs to be independent of the Mayor's Office, which would include Vince. Love you, Vince. No -- no -- no -- you're fantastic. This is nothing with -- with you at all. Or Brad. It has to be truly independent and so I don't know what that is right now, but in order to have it be unbiased I feel like it wouldn't -- it would just -- bottom line needs to be separate from the Mayor's Office for it to be a true independent -- whatever that may be. So, that would be one of the things that I would want to discuss going forward. De Weerd: Yeah. And I think that's why my recommendation to bring back a budget request enhancement for external resources for those areas that you think you need someone not associated with the city to do an independent audit and -- because some of them, you know, use the -- the expertise from your finance team and -- and your -- your strategic analyst and -- and efficiency and -- and we have, what, six trained individuals in -- in the process improvements that -- that can do a lion's share -- because I have yet to know what the problem we are trying to solve is yet, so -- but that's what you would bring the budget enhancement for resources that would provide that third -party neutral view that would answer to the elected officials in reporting back on. So, I will bring that back as part of our budget discussion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess the request when that comes back with as much details as possible. I think it's good for Council to clearly have formulated kind of what you want this to be. I'm still having -- I'm struggling to try and see it through your eyes and so as much detail as possible, so Council can have a clear vision of what you're hoping to accomplish in the amendment prior to us being asked to support it. De Weerd: Oh, absolutely. You have to support -- I mean this is a Council discussion and approval process anyway, so -- C. Police: ITD/OHS Alive at 25 Budget Amendment Not to Exceed $15,000 (Net Zero) [Action Item] De Weerd: Okay. Item 11-A -- or, I'm sorry, 10-C. Chief. Lavey: Madam Mayor, Council, what you have in front of you is a budget amendment for 15,000 dollars. We are asking for spending authority. It's -- it's a net zero to the city. It is an Office of Highway Safety grant that we received. We just received it and we need that spending authority, so that's why you have the amendment in front of you. The purpose of this is dedicated solely for the Alive At 25 and this will just give us the revenue to continue providing those services, that training to our youth. If you recall, Alive At 25 is an educational program for any youth under the age of -- or 25 and under, because Meridian City Council Meeting Agenda March 19, 2019 – Page 98 of 652 Meridian City Council March 5, 2019 Page 59 of 62 statistics have shown if we can keep them alive to the age of 25 their driving habits improve, the maturity levels improve and they are less risk at dying in a traffic collision after that. So, it's for a good cause and this is merely the spending authority to continue that program. I will stand for any questions. De Weerd: Thanks, chief. Council, any questions? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Hopefully, at some point we can have Alive At 35, so that maybe I can learn some additional skills. But since we don't have that for now, I move we approve the police budget amendment for not to exceed amount of 15,000. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-C. If there is no discussion, 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: Ordinances [Action Items] A. Ordinance No. 19-1813: An Ordinance (H-2018-0112– Shelburne Subdivision) For Annexation Of A Parcel Of Land Located In The NW ¼ Of The SE ¼ of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 35.09 Acres Of Land From Rut To R-4 (Low Density Residential)(23.58 Acres) And R-8 (Medium Density Residential)(11.52 Acres) Zoning District 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 Meridian City Council Meeting Agenda March 19, 2019 – Page 99 of 652 Meridian City Council March 5, 2019 Page 60 of 62 Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 11-A is Ordinance 19-1813. I will ask our clerk to, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1813, an ordinance file number H-2018-0112, Shelburne Subdivision, for annexation of a parcel of land located in the NW ¼ of the SE ¼ of Section 28, Township 3 North, Range 1 East, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 35.09 acres of land from RUT to R-4, low density residential, 23.58 acres, and R-8, medium density residential, 11.52 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: Okay. You have heard this read by title. Is there anyone out there that wants to hear it read in its entirety? Seeing none, Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. H-2018-0112, with suspension of rules. Palmer: Second. De Weerd: I have a motion and second to approve 11-A. 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 12: Future Meeting Topics De Weerd: Anything under Item 12? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda March 19, 2019 – Page 100 of 652 Meridian City Council March 5, 2019 Page 61 of 62 Milam: Unleased dogs. Unleashed dogs. De Weerd: Unleash. Dogs unleashed. There you go. Milam: Sounds like a movie. De Weerd: Yes. Mr. Borton? Borton: I was anticipating you going to 13. De Weerd: No. I do want to remind you of the groundbreaking tomorrow at 11:30 for Fire Station Number 6. We have our police recognition awards tomorrow evening at 6 :30 at Renaissance High School and maybe you qualify for this , Mr. Palmer, but the Mayor's Senior Advisory Board has keys to safe driving. That is Saturday, March 9th, from 10:00 to 12:00 at the Public Safety Training Center. So, you would be welcome. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I have to take advantage of it as much as possible , because I realized tonight that I'm not always the youngest person in the room, though I am right now. Item 12: Executive Session per Idaho State Code 74-206(1)(b): To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges brought against, a public officer, employee, staff member or individual agent De Weerd: Okay. With that I will entertain a motion to adjourn into Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we go into Executive Session pursuant to Idaho State Code 74-206(1)(b). 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. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda March 19, 2019 – Page 101 of 652 Meridian City Council March 5, 2019 Page 62 of 62 EXECUTIVE SESSIONS: (9:28 p.m. to 10:48 p.m.) Palmer: Mr. President? Borton: I would entertain a motion to come out of Executive Session. Milam: Move we come out of Executive Session. Little Roberts: Second. Borton: All those in favor say aye. MOTION CARRIED: ALLAYES. Borton: Motion to adjourn. Milam: I move that we adjourn. Little Roberts: Second. Borton: All those in favor? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 10:48 P.M. (AUDIO R CQ�EitFr41SI-F-1 OF THESE PROCEEDINGS) 3 / I q MAYOR TAMMY DE WEERD DATE APPROVED ATTES . C. rY COL S CITY CLERK Com►'[ E jDIAbq � ANO SEAL/ TEDA