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HomeMy WebLinkAbout2019-04-23Meridian City Council April 23, 2019. A Meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 23, 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. Members Absent: Genesis Milam. Also present: Chris Johnson, Bill Nary, Caleb Hood, Bill Parsons, Stephan Leonard, Warren Stewart, Shawn Harper, Joe Bongiorno and Hillary Bodnar. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts _X _ _Joe Borton X__ Ty Palmer _X__ Treg Bernt _O___Genesis Milam _ X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Well, good evening. I would like to welcome you to our City Council meeting. It's nice to hear all the energy and buzz going. Welcome to our City Council meeting. For the record it is Tuesday, April 23rd. It's a few minutes after 6:00 o'clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan of Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Justin Jordan. He is with Real-Life Ministries. If you will join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Jordan: Thank you, Mayor, City Council. Let's pray. Lord, thank you for giving us another beautiful day today and thank you for the leadership that you have given this city and the blessing that you have poured out in this city. We pray that tonight would be a meeting where people would be able to come and discuss openly and honestly and respectfully what's going on in the city and the decisions that need to be made . We pray that all the decisions we make would be made with what's best for the residents of Meridian City Council Meeting Agenda May 7, 2019 – Page 6 of 537 Meridian City Council April 23, 2019 Page 2 of 37 Meridian and that you would continue to allow the city to thrive and create safe places for families and for people to continue to grow and this community to build -- to become stronger. Just thank you, again, Lord, for the leadership of this Council and the leadership of the city, for you to use them and bless them and we thank you for all their hard work and the late nights that they put forth for our community. We pray this in your son's name, amen. Item 4: Adoption of Agenda De Weerd: Thank you. Item 4 is Adoption of the Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have a few amendments. We have added on an Item 6-AA and 6-AB. These are some easements that were received after publication of the agenda. Those are both placed on the Consent Agenda. We also have -- are correcting item 7-C. That is going to be an Action Item. Same topic, but there will be action taken potentially. And, then, we are also going to add on as a new 9-K, a letter -- a request to approve a letter of support regarding a grant with VRT and -- and COMPASS and ITD, a draft of that has been handed -- all of that came about just moments ago. So, that's the reason for the timing of the addition to the agenda. So , with those amendments I would 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 -- Cavener: Madam Mayor? Sorry. De Weerd: I'm sorry. Cavener: Maybe just a point of clarification for either Council President or Mr. Nary. The items that we are going to add to the Consent Agenda, 6-AA and 6-AB, do we have to read what those are as we are adding them to the Consent Agenda or we address that when we get to the Consent Agenda? De Weerd: We will address those when we get to the Consent Agenda. Thank you for that question. So, the motion is to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Meridian City Council Meeting Agenda May 7, 2019 – Page 7 of 537 Meridian City Council April 23, 2019 Page 3 of 37 Maximum) De Weerd: Okay. Mr. Clerk, any sign-ups under Item 5? Johnson: Madam Mayor, there were no sign-ups. Item 6: Consent Agenda [Action Item] A. Approve Minutes of April 16, 2019 City Council Regular Meeting B. Christian Brothers Automotive Sanitary Sewer Easement C. Permanent Easement Contract, Varner Trust as Grantor for James Court Widening D. James Court Sidewalk Widening Pedestrian Pathway Easement E. Whiteacre Subdivision No. 6 Sanitary Sewer Easement F. Final Plat for Oaks North Subdivision No. 2 (H-2019-0024) by Toll Southwest, LLC, Located at 6060 W. McMillan Rd. G. Final Plat for Oaks North Subdivision No. 3 (H-2019-0025) by Toll Southwest, LLC , Located at 6060 W. McMillan Rd. H. Final Plat For Volterra Heights Subdivision No. 4 (H-2019-0030) by Cottonwood Development, LLC., Located South of W. McMillan Rd., Midway between N. Ten Mile Rd. and N. Black Cat Rd. I. Final Plat For Volterra Heights Subdivision No. 5 (H-2019-0029) by Cottonwood Development, LLC ., Located South of W. McMillan Rd., Midway between N. Ten Mile Rd. and N. Black Cat Rd. J. Final Order for Baraya Subdivision No. 4 (H-2019-0036) by Schultz Development, Located at 3935 W. Franklin Rd. K. Final Order for Entrata Farms Subdivision No. 1 (H-2019-0040) by FIG Village at Parkside, LLC , Located at 3880 and 3882 W. Franklin Rd. Meridian City Council Meeting Agenda May 7, 2019 – Page 8 of 537 Meridian City Council April 23, 2019 Page 4 of 37 L. Final Order for Sky Mesa Commons Subdivision No. 3 (H-2019- 0038) by Sky Mesa East, LLC, Located West of S. Eagle Rd. on the South side of E. Taconic Dr. M. Final Order for Sky Mesa Commons Subdivision No. 4 (H-2019- 0037) by Sky Mesa East, LLC, Located West of S. Eagle Rd. on the South side of E. Taconic Dr. N. Final Order for Warrick Subdivision No. 1 (H-2019-0046) by Schultz Development, Located at 2445 E. Amity Rd. O. Findings of Fact, Conclusions of Law for Villasport CUP (H- 2018- 0121) and Villasport CR (H-2019-0011) by Sadie Creek Commons, LLC , Located on the SW Corner of E. Ustick Rd. and N. Eagle Rd. P. Findings of Fact, Conclusions of Law for Villasport MDA (H- 2018- 0121), and Villasport VAR (H-2019-0032) by Sadie Creek Commons, LLC, Located at 3055 N. Eagle Rd. Q. Professional Services Agreement for Artwork for Traffic Box Community Art Project with Bonnie Zahn Griffith for the Not- to-Exceed amount of $300 R. Second Addendum to the Development Agreement for Hill's Century Farms Commercial (H-2018-0127) with Martin L. Hill, Hill & Hill Properties, Located at 3625 E. Amity Rd. S. License Agreement with Settlers Irrigation District to Allow City Of Meridian to Cross Settlers Irrigation Southside Canal with Water Main Replacement Project T. Cost Share Permit with the Ada County Highway District- Meridian Rd., Cherry Ln. to Ustick Rd. U. Cost Share Permit with the Ada County Highway District - Ten Mile Rd., Ustick Rd. to McMillan Rd. V. Cost Share Permit with the Ada County Highway District - Ten Mile Rd., McMillan Rd. to Chinden Blvd. W. (Amended) Approval of AIAGMP Amendment to the A133 CMGC Agreement for “Homecourt Renovation Construction Management Services” for a Not-To -Exceed amount of $660,704.00. X. City of Meridian Financial Report - March 2019 Meridian City Council Meeting Agenda May 7, 2019 – Page 9 of 537 Meridian City Council April 23, 2019 Page 5 of 37 Y. AP Invoices for Payment - 04/12/19 - 681,492.01 Z. AP Invoices for Payment - 04/24/19 - 1,890,084.90 AA. [Amended on to Agenda] Paramount Directors Subdivision No. 2 Pedestrian Pathway Easement AB. [Amended on to Agenda] TM Creek Subdivision No 3 Pedestrian Pathway Easement De Weerd: Okay. Thank you. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: The two items that we added, Double A and AB, Double A is a -- is Paramount Director Subdivision No. 2, a pedestrian pathway easement, and AB is TM Creek Subdivision No. 3, a pedestrian pathway easement. Both of those being completed and made available after the agenda was published. So , with that explanation I would move that we approve the amended Consent Agenda, for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll? Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From The Consent Agenda [Action Item] De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Presentation from Idaho Transportation Department De Weerd: Item 8-A is a presentation from the Idaho Transportation Department. Good evening. Thank you so much for joining us. If you will, please, state your name for the record. Meridian City Council Meeting Agenda May 7, 2019 – Page 10 of 537 Meridian City Council April 23, 2019 Page 6 of 37 McKinnon: Absolutely. My name is Carma McKinnon. I'm the statewide coordinator for child passenger safety and I am based out of Lemhi County Sheriff's Office. Madam Mayor and Honorable Council, I am grateful here today to be a part of this proceeding. I appreciate the opportunity to take a few moments of your time to recognize one of your finest employees here at Meridian City and that is Miss Pam Orr. Pam, will you join me, please, up at the -- up at the podium. Pam started with Meridian City in 2005 and she became a certified car seat technician in January 12 th, 2006. At that point she started the car seat program at Meridian City fire. The first time that I met Pam was just on a phone conversation and trying to figure out what the needs were in Idaho and how I needed to help all of our inspections stations statewide and just meeting her over the phone I went there is -- there is nothing I can help this lady with. She is so driven. If there is going to be anybody helping anybody it's going to be Pam helping me with -- with this position. So, I truly appreciate her and all she's given to us. So, she implemented -- implemented the car seat program within Meridian Fire Department. She was given the full support to require that all of the firemen beco me certified in child passenger safety. This has been witnessed throughout the state and many agencies are trying to implement the same program that Pam has started here in Meridian. So , she is a true -- true leader with that and a hero. So , I so appreciate that. To date Pam has seen to it that 45 of your firemen here in the City of Meridian have become certified in child passenger safety and with that having those folks certified you have provided over 33 car seat inspections helping families with community education with car seats. You have helped families with their needs and providing those families with car seats for their children to be transported safely and correctly. Pam recently engaged the city of Emmett with their fire chief and -- and convinced them to send at least four of their members to a child passenger safety training that we recently had in March at the Meridian Fire Department. So, now we have that extra growth in -- in the city of Emmett -- Emmett and Gem county, so we can help some families in need there as well. So, she just keeps expanding and expanding and we can't say thank you enough. She has actively participated in two of the National Child Passenger Safety Week TV presentations with KM -- or with KTVB and she has continued to grow this program, becoming a technician proxy, which means that she helps the rest of us as instructors with our -- with our needs to help make sure that her technicians within the fire department stay certified, have all the resources that they need to -- to continue to be on board with this nationwide program. So, Pam, on behalf of ITD, the Idaho Child Passenger Safety Program, we would like to thank you for your continued expertise , your commitment to the program , making sure that families are traveling safely and correctly with their little ones and providing the resources that they need to do that. So, I would like to present you with our 2018 Champion of Child Passenger Safety Award. Orr: Madam Mayor and Members of the Council, I think that -- look, I couldn't do this without a million people; right? And so I just need to say that ITD has been amazing. Carma has been amazing. We have received numerous grants from ITD from Sharee. Thank you very much. Who has ensured that those grants have allowed us to be able to purchase car seats and Walmart in Meridian has -- has allowed us to purchase those car seats at cost. So, this has not been -- you know, this isn't about me at all. It's not about me at all. It's about all those project partners out there that have been able to do Meridian City Council Meeting Agenda May 7, 2019 – Page 11 of 537 Meridian City Council April 23, 2019 Page 7 of 37 that and I just have to thank my administrative team , honestly. So, if it wouldn't have been for Chief Niemeyer coming on board and saying I agree with this program, I believe that we need to keep the little people in Meridian safe, we wouldn't have the support to have all of our firefighters trained as car seat technicians and that's a huge thing in this community and the Treasure Valley. Fire departments are running away from this commitment. They are running away from the commitment; right? And this is a commitment that we need to have for these little ones period . Period. We need to have it for the little ones. We need to keep our community safe. And so I can't take this, you know, without saying thank you. I had your guys' support, I have had admin support and -- and it just keeps going on and on and on. So, thank you very much and I just appreciate you, so -- De Weerd: Now, Pam, I know it's very easy for you to pass the buck, but you just heard why it -- it really takes a spark and this woman doesn't have just a spark, she has a fire burning in her belly and it does take someone to really drive the conversation to push the -- the program and you are quite the force to deal with, especially when you get something in your mind that you're going to do . Stand out of the way; right? It's going to happen. So, all the kudos to you, Pam. And, yes, it does take more than one person, but you got it initiated, started, and you kept pushing. So, thank you on behalf of our community. Orr: Thank you, ma'am. I appreciate it. And thank you so much, truly. There is no way that this would have worked if Meridiem wasn't the type of community, the type of city to really allow for people who work here to be able to do things like this. Just -- it just wouldn't. So, thank you. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And, Pam, to that point, the reason why our community so great is because of great employees like you. Orr: Thank you. Cavener: So, I just want to say in addition to Pam, for those that are in attendance, Pam is not only exceptional at her job and cares so much for little kids , in my opinion you're one of the most amazing humans I have ever met and we are so lucky to have you serving our community. Orr: Thank you. Cavener: And I'm glad you got to receive that award. Meridian City Council Meeting Agenda May 7, 2019 – Page 12 of 537 Meridian City Council April 23, 2019 Page 8 of 37 B. Meridian Arts Commission: West Ada Student Art Show: Framed" De Weerd: Well -- and you can tell she's beloved, because she has a cheering squad out there, too. 8-B is under our Meridian Arts Commission and I will turn this to Hillary. Bodnar: Thank you, Madam Mayor, Members of the Council. We were fortunate enough with the Arts Commission to be able to go and judge the West Ada student art show Framed and select boxes to be nominated for traffic box wraps in the urban renewal area with a partnership with MDC. So, I wanted to share those nominations with you today and get your consent on reaching out to the students and offering them an opportunity to have a traffic box art wrap. So, this year with West Ada's student art show Framed they had a theme. They used to do themes in the past and they have kind of gotten away from it, but, then, they went back to having a theme, because they thought that it made a more cohesive show and might have made a more even playing field for some of the kids that are participating. So , this year's theme was celebrating Idaho and our community. I'm trying to follow the same format that I did in years past where you get to see the artist name, grade school, and, then, also now the artist statement. Because these wraps will be in the URA and we are out of the traditional size traffic box wraps, these ones before you today will be paired with an existing wrap on the white box. I know it's kind of a small picture. But on the white box adjacent to existing wraps here in the bottom right-hand corner. So, I'm just going to kind of scroll through these. I think you guys all have these in your packets and had a time to read the artist statements before the meeting, but I wanted to give you an opportunity to see the images again and ask any questions if you had any. De Weerd: I love the -- that's awesome. Bodnar: This year we got the Commissioners that were authorized with going out and making these selections got there before Mayor Tammy, so we might have snaked a couple of her choices. De Weerd: Yes. Bodnar: But it was -- it was a really great show. I do want to give a quick thank you to Amy Vaughan, who has coordinated the whole show. She's been amazing. She's helped me numerous times and she's also bringing the show to Initial Point Gallery. So, I'm really looking forward to that. And, then, also just kudos to all the kids that participated. It was really difficult to make decisions this year. So, please , take advantage of going up to the gallery in May and seeing all the student artwork. It is really -- there is some really incredible stuff to be seen. De Weerd: I think, Hillary, it's kudos to you to work with Amy in bringing that exhibit to Initial Point Gallery. That's going to be exciting. Bodnar: Yeah. I think it will be good. Meridian City Council Meeting Agenda May 7, 2019 – Page 13 of 537 Meridian City Council April 23, 2019 Page 9 of 37 De Weerd: And long waited and it does give our student artists even more exposure for their -- to highlight their talent. Bodnar: Yes. Yeah. De Weerd: So, that's cool. Bodnar: Yeah. I want it to be as easy for Amy as possible, so she will do it every year. Are there any questions or comments? De Weerd: Council, any questions? Okay. Bodnar: I'm going to stand for the next one, too, I guess. C. Meridian Arts Commission: Fire Station #6 Public Art Project Request for Proposals Re-Release [Action Item] De Weerd: Yes. We will move right into Item 8-C, which is a discussion about the Fire Station No. 6 public art project. Bodnar: Yes. So, the Meridian Arts Commission is asking City Council to approve a re- release of the Fire Station 6 public art request for proposals. Upon review of the initial proposals the selection panel weren't -- weren't entirely thrilled with the range of the proposals received and, then, in the process of reviewing those proposals, I think there was kind of -- it kind of brought to light that the Fire Department is really looking for actively engaging in making their staff a more diverse staff in the highest-scoring proposal from the original selection, what looked kind of like a traditional white male firefighter and in light of the fact that the fire department has been actively looking to diversify their -- their staff, they didn't think that that was necessarily the right first foot forward as far as public art installations go and I think they really realized that what they were mostly looking for was something that could be not only gender inclusive , but also may be symbolic in nature. So, that's referenced in the revised RFP draft. Chief Niemeyer suggested something like that could include bugles or trumpets or the Maltese cross, other things that are symbolic of -- of the work that our firefighters do or the history that they have that might make as big of a statement as something that is more of a figurative person. The other addition to the RFP is an additional 5,000 dollars towards the budget. That 5,000 dollars was -- the whole project was debated when we were going back for new -- or when we were talking about looking for more proposals or new proposals and the Arts Commission had originally budgeted for a 5,000 dollar downtown public art project in their fiscal year '20 budget, but they -- especially in consideration of MYAC having their recycling bin program that will be bringing art to downtown, they decided that they could move that 5,000 dollars towards -- towards this project and, hopefully, get a little bit broader of a range or encourage people to apply or propose when they might not have proposed in the first round. Are there any questions? Meridian City Council Meeting Agenda May 7, 2019 – Page 14 of 537 Meridian City Council April 23, 2019 Page 10 of 37 De Weerd: Council, any questions? Mrs. Little Roberts? Little Roberts: Madam Mayor, do we need a motion on this, even though it's not an action item? Cavener: It is an action item. De Weerd: Yes. We did amend it to be an action item. So, we are looking for a motion to approve the re-release for request for proposals. Little Roberts: In that case I would like to move that we approve the proposal for the re - release for the RFP for the public art project for the Fire Station No. 6. Cavener: Second. De Weerd: Okay. I have a motion and a second. Discussion? Okay. Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. Thank you, Hillary. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. D. Meridian Arts Commission: Net-Zero Budget Amendment for Contribution to 2019 Concerts on Broadway [Action Item] De Weerd: And, last, but not least, Item 7-D is also under the Arts Commission. Bodnar: Yes. So, this item is a net zero budget amendment for a contribution to the Concerts On Broadway series, but also the budget amendment includes an arts development component. So, the Arts Commission is engaging this year in revising their strategic plan and they applied for a technical assistance grant through the Idaho Commission On The Arts and were awarded that grant. So, they are just seeking spending authority for the contributions from the Idaho Commission On The Arts and from the partnership with the Meridian Development Corporation for Concerts On Broadway. De Weerd: Thank you, Hillary. Council, you do h ave a budget amendment in your package. Any questions? If not I would entertain a motion. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda May 7, 2019 – Page 15 of 537 Meridian City Council April 23, 2019 Page 11 of 37 Little Roberts: Madam Mayor. I move that we approve the budget amendment for net zero for the contribution to the 2019 Concerts On Broadway. Bernt: Second. De Weerd: I have a motion and second to approve Item 9-D -- or 8-D. Sorry. Mr. Clerk, will you call roll. Palmer: Madam Mayor? De Weerd: Oh, I'm sorry. Mr. Palmer. Palmer: Just wanted to explain my vote on this one. I will be voting no. Although it is coming from the Meridian Development Corporation, which is loaded with debt and I can't support spending money on other things until the debt is taken care of. De Weerd: Okay. Any other comments? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. De Weerd: Thank you, Hillary. Bodnar: Thank you. Item 9: Action Items A. Final Plat for Caven Ridge Estates West Subdivision No. 2 (H-2019-0048) by Lasher Enterprises, Located East of S. Meridian Rd. and South of E . Victory Rd. De Weerd: Okay. Under 9-A we do have -- it's the final plat for H-2019-0048. The applicant has requested a continuance to May 7th. Staff , the request is based on -- what is the rationale behind the request? Parsons: Certainly, Madam Mayor -- Madam Mayor, Members of the Council. Staff and the applicant were working diligently to get the final plat staff report wrapped up . The applicant felt like there was an error in their application and they want ed to go back through their records and verify items before they solidify their staff report with us and so they have asked for that continuance, so that we can -- they can go through their record, verify everything is accurate, and, then, bring forward an application that meets their expectations. Meridian City Council Meeting Agenda May 7, 2019 – Page 16 of 537 Meridian City Council April 23, 2019 Page 12 of 37 De Weerd: Okay. Thank you, Bill. Council, any questions for Bill? If not, I would entertain a motion to continue this. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we move Item 9-A, H-2019-0048 to May 7th, 2019. Cavener: Second. De Weerd: I have a motion and a second to continue 9-A. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Final Plat for Movado Greens No. 2 (H-2019-0028) by DevCo LLC , Located at 4155 E . Overland Rd. De Weerd: Okay. 9-B is a final plat for 2000 -- or H-2019-0028. This item was not on the consent, because we had not heard from the applicant . Any comments from staff? Parsons: Yes. Madam Mayor, Members of the Council, again, the applicant's in agreement with the staff report. Again, we just didn't meet the time frames in order to get that placed on the Consent Agenda, so if the Council is amenable to not listening to all this application in its entirety, we just ask that you approve as written in the staff report. De Weerd: Thank you. Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there is no discussion, I move that we approve Item 9-B, H-2019-0028 as set forth in the staff report. Bernt: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9 -B. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda May 7, 2019 – Page 17 of 537 Meridian City Council April 23, 2019 Page 13 of 37 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Final Plat for Whitecliffe Estates No. 1 (H-2019-0033) by Engineering Solutions, LLP, Located at 943 W. McMillan Rd. De Weerd: Item 9-C is a final plat for H-2019-0033. This received comment from the applicant after the deadline and after publication, but they are in agreement with staff comments. Parsons: That's accurate. Madam Mayor, Members of the Council, same situation as the previous application. I did want to go on the record. I did speak with the applicant this afternoon and they wanted to go -- at least have me go on record to remind the Council and remind staff that the -- they did receive a waiver of the Lemp Canal to remain open along the frontage of this particular project. There was a condition of approval in the staff report that they tile all ditches and laterals, but I told them that I would bring that to your attention this evening and staff remembers the waiver and we will get that corrected in the staff report as we prepare the final plat order. De Weerd: Great. Thank you, Bill. Appreciate that. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Unless there are questions, I move that we approve Item 9-C, H-2019-0033, inclusive of the conditions within the staff report and to reflect the amendments that Bill's referenced here today as well. Bernt: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-C. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing Continued from March 19, 2019 for Alpina Townhouse (H-2018-0090) by A Team Consultants, Located NE of W. Ustick Rd. and N. Linder Rd. Meridian City Council Meeting Agenda May 7, 2019 – Page 18 of 537 Meridian City Council April 23, 2019 Page 14 of 37 1. Request: Preliminary Plat consisting of 15 multi-family building lots and 7 common lots on 3.99 acres; and 2. Request: Conditional Use Permit For a multi-family development consisting of 60 multi-family residential units within 15 multi-family structures on 3.99 acres of land in an existing C-C zoning district; and 3. Request: Modification of an Existing Development Agreement to change an existing development agreement to change the previously approved concept plan with a new concept plan De Weerd: Okay. Item 9-D is a public hearing on H-2018-0090. This application has been requested to be withdrawn by the applicant. Is there anyone here in the audience that wanted to comment on this item? Bill, is there a statement on what was behind the withdrawal? Parsons: Madam Mayor, Members of the Council, this was definitely a unique situation. This application was before our commission, continued multiple times. It was going to come before you with a recommendation of denial . In discussions with the applicant it appears the property had sold to a different entity and so they no longer wanted to pursue the particular project. So, they are asking for your acknowledgement of the withdrawal this evening. De Weerd: Okay. Thank you. Council, I will need a motion to accept the request for withdrawal. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we accept the request to withdraw as to H-2018-0090. Cavener: Second. De Weerd: I have a motion and a second to approve the request to withdraw the application on Item 9-D. Mr. Clerk, will you call the roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda May 7, 2019 – Page 19 of 537 Meridian City Council April 23, 2019 Page 15 of 37 E. Public Hearing for Bengal Parking (H-2019-0045) by West Ada School District, Located 915 E . Central Dr. 1. Request: Short Plat for two buildable lots on approximately 18.974 acres of land in the I-L zoning district De Weerd: Item 9-E is a public hearing for H-2019-0045. I will open this public hearing and ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Bengal Parking Lot Short Plat application. The site consists of 18.9 acres of land, currently zoned I-L in the city limits and located at 915 East Central Drive. The applicant is here to discuss subdividing the property from one parcel into two parcels. The northern parcel, which is Lot 1, Block 1, will be a future school site and Lot 2, Block 1, is planned to be a future parking lot for the Idaho State University campus, which you can see in the graphic on your right-hand side. A 25 foot wide landscape buffer is required along the frontage of Central Drive as it is a collector roadway. I would let -- make mention to Council that the applicant did submit a concurrent alternative compliance request, because currently Lot 1, Block 1, is developed with athletic fields and a parking lot and so a portion of the site doesn't meet the 20 foot wide landscape requirements of code. They have received a director's approval of that alternative compliance to allow the remaining buffer to stay as is until the lot redevelops with the school site, but there is approximately -- if you can see my cursor here -- there is approximately 200 plus feet that is undeveloped at this point. So , as part of that alternative compliance request the director was amenable to allowing the existing buffer to remain, but anything in this location had to come up to current U DC standards. So, they are required to put in a 20 foot landscape buffer for approximately 200 feet of that frontage as part of the alternative compliance request. Staff did receive ACHD comments for the new access point to Central, which is also located along the eastern boundary. ACHD did not have any comments or require any additional right of way to be dedicated with this particular application. However, they did state that that future access will be reviewed and approved when ISU comes in with their certificate of zoning compliance and design review for the parking lot. I would also mention to Council that there is an existing access that was approved just to the east of this one that will be closed in order to facilitate this new one. So , there will be some adequate spacing between this one and the closure of the other one and, then, also in the staff report you can see here in this particular graphic we called out that the existing parking lot accesses could remain as is until such time as Lot 1, Block 1, develops as well. I also wanted to make mention to you that late this afternoon staff did receive some comments, new conditions of approval that need to be added to the staff report. The applicant was working with our parks pathway coordinator Kim Warren. She did prepare a memo for you this evening that's included in the packet and there is approximately seven conditions of approval that need to get incorporated as part of your motion this evening and I would also mention to you that one of the conditions need s to be reworded, because one of her -- one of her conditions stated that prior to submittal of a level final plat they need to record pedestrian easements. Well, this is -- the short plat Meridian City Council Meeting Agenda May 7, 2019 – Page 20 of 537 Meridian City Council April 23, 2019 Page 16 of 37 is, essentially, a short -- a final plat. So, the application's already been submitted, so the -- that condition number two in her memo needs to be rewritten to say prior to city engineer signature on the short plat you will have to record the easements. So, if you can make those modifications -- I believe the applicant is in agreement with all other conditions of approval and with that I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Bill. You said the memo that was added to our packet. Is that a supplement that was added? Is that -- maybe I missed it within the packet of information. Agency comments. Parsons: Ye ah. It might be under agency comments. Thank you. Cavener: Thanks. I was looking for a separate memo. I appreciate it, Council President Borton. De Weerd: Okay. Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Morgan: Ryan Morgan with Keller & Associates. Business address is 131 Southwest 5th Street, Meridian, Idaho. De Weerd: Thank you. Great address. We hope you move, but -- Morgan: Oh, that is -- yes. No. We are in the process of looking at new place to work here in Meridian. We have currently outgrown our existing site and need to relocate. But that's a different topic. I would just like to say that based on the latest and greatest staff report that came out, including the stuff from Kim Warren this afternoon, we appreciate the efforts there. We kind of scrambled a little bit yesterday. That kind of caught us off guard with the pathways request, but staff was very open and we have had multiple conversations with them over the last 48 hours. They have been very supportive. We have all come to an agreement that -- that my client is -- is happy with and we are in support of the staff report as it is currently written. Just a little background. With the construction of the ICOM building and classes now in session there, parking there at the campus has become tight and the purpose of this whole process is to split the lot, so that Idaho State University can buy a portion of ground from West Ada School District to construct up to approximately 600 parking stalls. There is an alternate that will allow up to the 600. It may only be 450. That's still to be determined -- determined. But it is much needed parking. If anybody has been on that campus is well aware of and ISU would like to actually physically own the ground that their parking lot is on. So, it's the purpose for this application at this time. Meridian City Council Meeting Agenda May 7, 2019 – Page 21 of 537 Meridian City Council April 23, 2019 Page 17 of 37 De Weerd: Thank you. It seems like parking is the theme tonight . Council, any questions for the applicant? Thank you. Morgan: Thank you. De Weerd: This is a public hearing. Mr. Clerk, is there anyone that has signed up to testify? Johnson: Madam Mayor, there are no sign-ins. De Weerd: Okay. This is the public comment period. Is there anyone in the audience who would like to provide testimony on this item? Okay. I take that as an enthusiastic we support this. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: A quick question for staff. Bill, remind me on -- on the alternative compliance, is it -- does the director approve it or do they recommend it for us to approve it? Parsons: Madam Mayor, Members of the Council, Councilman Borton, the director's already approved the alternative compliance. Borton: Thanks. De Weerd: Okay. If there is no further questions, any further comments from the applicant? Okay. Council, if there is nothing further, I would entertain a motion to close the public hearing. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we close the public hearing on H-2019-0045. Cavener: Second. De Weerd: I have a motion and a second to close public hearing on Item 9-E. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda May 7, 2019 – Page 22 of 537 Meridian City Council April 23, 2019 Page 18 of 37 Borton: Move that we approve H-2019-0045, short plat application, to include the conditions of approval that are put in the Parks Department memo dated April 23rd, 2019, referenced tonight as well, understanding that Condition No. 2 in that memo will be amended to read: Prior to the city engineers signature on the short plat, as opposed to prior to submittal of the final plan for the city engineer. So , with those included conditions as changed and clarified here, move we approve all of that. Cavener: Second. De Weerd: Okay. I have a motion and a second to approve all of that as stated . Any questions or comments? No? Mr. Clerk, will you call the roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing for Quintale Condominiums Project No. 1 (H-2019-0031) by T-O Engineers, Located 4574 N. Ten Mile Rd. 1. Request: Short Plat to convert existing 17,800 square-foot multi-tenant commercial building, which has received building permits for construction, in to three (3) tenant spaces and two (2) common areas De Weerd: Congratulations. Item 9-F is a public hearing for H-2019-0031. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the Quintale Condominiums Project No. 1 short plat application. The applicant is -- the project site is located at 4574 North Ten Mile Road. The applicant is here this evening to discuss subdividing airspace for an existing 17,800 square foot medical office building that is currently under construction. Essentially, what the short plat will do is nothing is changing to the site, basically what you can see here, the exhibit on the right- hand side is they are taking a large building and creating three separate tenant spaces that they could sell to other potential owners and buyers. The applicant -- received written testimony from the applicant. It's pretty straightforward, nothing he needed to add to the staff report. He is in agreement. So, I will conclude my presentation and stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? No? Is the applicant here? Do you have any comments? Okay. There are no comments from the applicant. Mr. Clerk, are there any members signed up to testify? Meridian City Council Meeting Agenda May 7, 2019 – Page 23 of 537 Meridian City Council April 23, 2019 Page 19 of 37 Johnson: Madam Mayor, no one has signed in to testify. De Weerd: Okay. Council, any questions for staff or the applicant? Okay. If there is nothing further, I would entertain a motion to close the public hearing . Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we close the public hearing for Item 9-F, H-2019-0031. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on item -- Item 9-F. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I, Madam Mayor, move that we approve Item 9-F, Quintale Condominium, H- 2019-0031. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9 -F. Is there any discussion? Hearing none, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing for Bainbridge Hess Subdivision No. 2 H-2019-0047) by Dallas Hess Inc., Located 1/2 mile south of W. Chinden Blvd., East of N. Black Cat Rd. 1. Request: Modification to the UDC (11-3A-6D) requirement for irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, to allow the irrigation easement on Lots 4 - Meridian City Council Meeting Agenda May 7, 2019 – Page 24 of 537 Meridian City Council April 23, 2019 Page 20 of 37 12, Block 3 Bainbridge Hess Subdivision No. 2 to be located within adjacent building lots and not a common lot De Weerd: Item 9-G is a public hearing for H-2019-0047. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Bainbridge Hess Subdivision No. 2 Miscellaneous Application. The applicant is here this evening to discuss modification to UDC 11-3A-6D, which basically they are requesting that an irrigation easement that runs alongside buildable lots be on an easement on those buildable lots, rather than a common lot. So, the Council did approve this final plat back in July of 2018 and, again, the applicant did go out, met with the lateral association's user group. You can see here on the exhibit on the right -hand side that they have signed off at -- to allow their 20 foot easement to be along the rear of those lots. So, currently the way UDC reads is if you have an irrigation facility that needs to be contained in an easement greater than ten feet it needs to be in a common lot. In this particular case this easement is 20 feet. Based on the irrigation's requirements the applicant would like you to take action on their request to leave it as an easement in lieu of a common lot and it's similar to what you guys did in a previous phase a couple years ago. They went through the same process where the McMullen Lateral was spanning against a -- between two subdivisions and the Council was amenable to allowing that to remain an easement versus the common lot. The applicant's in agreement with staff's recommendation to keep that in as an easement and I will stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just real quick -- this will prevent the homeowner from changing the landscaping in the back yard and along the -- do I understand that -- Parsons: Madam Mayor, Members of Council, Councilman Borton. If -- the one that we acted on a few years ago, the developer came, testified and agreed to put some signage along their fencing and inform the homeowners that they need to limit their encroachments within that easement. So , typically, no trees, no sheds, no structures. Hopefully -- and the developer also communicated to putting that in their CC&Rs or in their -- their purchase and sales agreement, if I recall -- if my memory serves me correct. So, we are hoping that they will have that same verbiage or -- and take those same additional steps to inform homeowners that there is limited things that you can do in that easement. But landscaping will certainly be something that they do and the re are just not trees or anything that's real aggressive roots. Meridian City Council Meeting Agenda May 7, 2019 – Page 25 of 537 Meridian City Council April 23, 2019 Page 21 of 37 De Weerd: And I see the applicant's representative here, so we can ask him to comment on that as well. Any other questions for staff? Okay. Hi, Jonathan. Wardle: Madam Mayor, good evening. Jon Wardle. 12601 West Explorer Drive in Boise, until tomorrow, and, then, we move. So, Mr. Borton, the question regarding that easement. We have actually entered into a license agreement , which is recorded with McMullen, and that goes both on the plat, but it also is recorded against those lots and as Bill had noted, we will disclose that, as we have done with every single phase. They are limited on what they can put back there. No trees. No sheds. Things like that. If you went to Google Earth some people do that, but it really is at risk and the irrigation district will come in and remove that and it would be both the obligation of that homeowner and in some cases the HOA if it's on common lot , to make any repairs, so -- De Weerd: I have seen beaches in backyards going down to the creek or irrigation canal. Borton: Madam Mayor, just for disclosure -- it sounds like you guy have it -- certainly have it covered and it's at their own risk if they want. Wardle: Madam Mayor, Mr. Borton, that's correct. So, we request your approval for this. We apologize we didn't pick up on it in July. It was an easement. It was actually -- it was installed after phase two was built. Typically, there is a ten foot easement on each side. We needed to put it in at the request of McMull en sooner than later. So, we did that and we have just picked up at this point. These lots actually are deeper on that side to accommodate for it. I think the y are about 135 feet deep, instead of your typical 120 or 115. So, we tried to make accommodation for it. De Weerd: Awesome. Thank you. If there is no further questions, we appreciate you being here. Mr. Clerk, are there any citizens signed up to testify? Johnson: Madam Mayor, no. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony? Okay. Council, seeing no further comments or anyone signed up -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on H-2019-0047. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-G. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda May 7, 2019 – Page 26 of 537 Meridian City Council April 23, 2019 Page 22 of 37 MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve H-2019-0047 the request for modification to UDC 11- 3A-6D. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-G. Is there any discussion from Council? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Just to be clear, the -- the staff report says 3A-6C. Is it C or D? The fact that I mentioned it might have screwed it up. Parsons: Madam Mayor, Members of the Council, I will go with the hearing outline and say 6-D. Borton: Okay. I heard D as in dog? Parsons: D. Yep. 6-D. De Weerd: D. Borton: Okay. All right. I'm good. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing for ICOM Parking Expansion (H-2019- 0019) by The Land Group, Located 885 S . Locust Grove Rd. Meridian City Council Meeting Agenda May 7, 2019 – Page 27 of 537 Meridian City Council April 23, 2019 Page 23 of 37 1. Request: Annexation and Zoning of 2.34 acres of land with a C-G zoning district to accommodate the construction of a parking lot for the Idaho College of Osteopathic Medicine (ICOM) De Weerd: 9-H is a public hearing for H-2019-0019. I will open this public hearing with staff comments. Leonard: Thank you, Madam Mayor, Members of the Council. The last land use project before you this evening is for annexation and zoning of 2.34 acres of land. It's currently zoned R-6 in Ada county and is located at 885 South Locust Grove. The Comprehensive Plan future land use map designation for this parcel is commercial. The applicant is requesting to annex and zone this property to C-G to construct an offsite parking lot with approximately 190 spaces for the Idaho College of Osteopathic Medicine or ICOM. The applicant is proposing one access point via East Central Drive , a seven foot wide sidewalk that exists along Central Drive and Locust Grove Road. The applicant is also planning to install wayfinding signage to guide pedestrians to the signalized crosswalk at the intersection of East Central Drive and Locust Grove. Right here. A detailed site and landscape plan and elevations for the maintenance building that's proposed will be required fo r the CZC and design review application. The applicant is proposing to keep the Hunter Lateral open and locate a section of the city's ten foot multi-use pathway to the east -- that's right here. And the applicant has also provided a drive aisle stab to the northwest part of the site for future redevelopment should it happen. The Commission is recommending approval of this application. Testifying in favor of the application were Dr. Robert Hasty, the applicant, and Tamara Thompson, the applicant's representative during the commission hearing. There was no opposition of the project, no written testimony, and there weren't any key issues of public testimony during the hearing. Key issues of discussion by the Commission were safe pedestrian crossing from the proposed parking lot across Central Drive to the ICOM campus. Alignment of proposed access point to the existing ICOM parking lot access point to the south. Way finding signage to direct pedestrian traffic to the crosswalk at Locust Grove and Central Drive. Coordination with ACHD for the crosswalk and a HAWK signal to align with an existing access point to the south and location of the multi-use pathway. Commission changes to the staff's recommendation were to strike condition 1.1.B requiring the applicant to coordinate with the property to the west, just right here, to align parking lot access with the existing ICOM parking lot to the south. They did add a condition that the applicant work with ACHD to construct a crosswalk from the proposed parking lot across Central Drive. The applicant has done such and they have actually submitted a site plan that's shown on your screen now with the crosswalk to the west of the subject site. Outstanding issues for City Council tonight is that the applicant would like to keep the Hunter Lateral open, so they do require a Council waiver to do so, so that will be something that you will need to grant them if you choose -- if you so choose. There was no written testimony since the Commission hearing and with that staff will stand for any questions. De Weerd: Thank you, Stephanie. Council, any questions? Meridian City Council Meeting Agenda May 7, 2019 – Page 28 of 537 Meridian City Council April 23, 2019 Page 24 of 37 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Stephanie, is there already a -- I guess a signalized crosswalk right there at Locust Grove and Central? Leonard: Madam Mayor, Councilman Cavener, yes, there is. It's right at this location. You can't clearly see it on the map, but, yes, it's signalized right there. Cavener: That's my question. Thank you. De Weerd: Okay. Any other questions? Is the applicant's representative here? Good evening. If you will, please, state your name and address for the record. Thompson Absolutely. Madam Mayor, Members of Council. My name is Tamara Thompson. I'm with The Land Group. 462 East Shore Drive in Eagle. We have worked closely with ACHD. Staff mentioned that one of the items that Planning and Zoning Commission wanted was a second crosswalk. So, we have worked closely with ACHD and we do have that approval from them at this location and as Councilman Cavener mentioned, there is a second walk here, but Planning and Zoning thought walking backwards when the front door is -- is over on that area that there would have been a lot of jaywalking. So, we were able to -- to solve that. With me I have -- I have members of ICOM here if you would like to hear from them. One of the -- the main reasons for the parking lot is for their accreditation. It's a very important part of the accreditation and Dr. Hasty can talk to that if you would like to hear from him. If not, we have read the staff report and agree with staff's analysis and the conditions of approval as proposed by staff and by Planning and Zoning Commission. So, I will stand for questions or if you would like to hear from Dr. Hasty he is here to talk as well. De Weerd: Thank you, Tamara. Certainly if Dr. Hasty has any comments, we always love to hear from him, but, Council, any questions for Tamara while we have her up here? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Hello. How are you? I have just one question for you. Why -- why -- why the -- the move to have the access a little bit further west from the existing access on the other side of the road? Thompson: Madam Mayor, Councilman Bernt, the property -- and I don't know if you have the -- I have a PowerPoint I can bring up, but you can see the property in question is -- is right here and to align with that driveway is not -- is not part of this property. That's an off-site that would be dealing with the state on -- on that and, then, it also Meridian City Council Meeting Agenda May 7, 2019 – Page 29 of 537 Meridian City Council April 23, 2019 Page 25 of 37 doesn't provide a real good throat before it turns. It's an awkward -- it's not very deep and, then, it has to cross that -- that canal as well, that lateral. So, it really didn't make sense and we went into all of that in the Planning and Zoning side and they agreed with us and -- and -- for those three reasons. Bernt: Makes sense. De Weerd: Any other questions for Tamara? Borton: Tamara -- Madam Mayor? De Weerd: Mr. Borton. Borton: Sorry. Thank you. I'm skipping a step. It was kind of a sideways question , so I'm sort of excited to ask it. That little triangular piece where the crosswalk is just to the north of Central, who owns -- do you know who owns that? Whose parcel is that? Thompson: Yeah. Madam Mayor, Councilman Borton, I believe the state of Idaho does. It's part of the state. That's their -- their police facility there. Borton: Just a little unfenced triangle. De Weerd: Okay. Any other questions? Thank you. Thompson: Thank you. De Weerd: Dr. Hasty, would you have -- do you have any comment? Okay. Mr. Clerk? Johnson: Madam Mayor, there were no sign-ins. De Weerd: Thank you. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing nobody jumping up and down to testify, I move we close the public hearing on Item H-2019-0019. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-H. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda May 7, 2019 – Page 30 of 537 Meridian City Council April 23, 2019 Page 26 of 37 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item 9-H, Item H-2019-0019, the annexation of 2.34 acres and include all applicant and staff testimony that's referenced in the staff report. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 9-H. Any discussion from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Does that include the wavering of the requirement to tile the lateral? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thank you, Council Member Palmer, for reminding me. Yes, my motion did intend to include that, although I did not reference it. I appreciate the point of clarification. Little Roberts: Second concurs. De Weerd: Very good. Anything further? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. I. Public Hearing for Community Development Block Grant CDBG) Substantial Amendment De Weerd: Congratulations. You have a parking lot. Or soon. Item 9-I is a public hearing for CDBG amendment and I will -- I see Crystal is in the room and I will turn this over to you, Crystal. Thank you for joining us. Campbell: Thank you, Madam Mayor, Members of the Council, so just a reminder you guys have seen this several times -- sorry. I just talk really quiet or something. So, you Meridian City Council Meeting Agenda May 7, 2019 – Page 31 of 537 Meridian City Council April 23, 2019 Page 27 of 37 guys have heard this several times, so I will try to give you a quick overview. This is the substantial amendment for the MDC projects. They have two open sidewalk projects right now. The first one it came in higher than anticipated in the bids and so we are wanting to amend the action plan to canc el the second project and move that money towards the first project, so we can cancel it -- or so we can complete it. So, this is a map of the first one. The purpose of this one is to improve connectivity and increase safety for students walking to and from school. The orange is the area where the sidewalk will be. Again, it's been out for bid three times and all the bids were substantially higher than what they had available. The project that we are wanting to cancel is this one that is on East 3rd from Broadway to the train tracks. It is to eliminate blight and it's a step towards the planned parking area that we had wanted to do. So , in the actual action plan then these are a summary of the changes that we will be making. Basically all the changes are just removing the name of the project and changing it to the new name and, then, updating the funding amounts. So, again, on this slide, then, it shows the changing names. This one gives a little bit more detail on the description of the project, the beneficiaries and the location description and the final narrative that we will be updating is to remove the information about slum and blight and to add in the information about the new sidewalk project that was previously approved. The final change that we will be making is to the attachments. So, we will be adding the substantial amendment summary, the legal notices for the public hearing, the public -- the public comment period and, then, if we receive any public comments, which we haven't received any written to this point. So, here is what it looks like. MDC did apply for funding for this year for the East 3rd right of way project. Today we are having the public hearing, closing public comment period and, hopefully, approving and adopting the resolution. Tomorrow MDC has the amendment on their agenda, so that it can be signed by the board and I will inform HUD of the amendment on -- or no later than Friday and the next meeting that you guys have, then, I will have the signed MDC amendment for you guys to approve. And with that I will stand for questions. De Weerd: So, Crystal, that will come back then, in May, but the Resolution 19-2140, is for the plan itself? Campbell: Correct. De Weerd: Okay. Thank you. Council, any questions? Okay. We appreciate that. This is a public hearing. Is there anyone that was signed up, Mr. Clerk? Johnson: Madam Mayor, no one signed up to testify. De Weerd: Okay. Is there anyone who would like to provide testimony on this item? Thank you. Bernt: Madam Mayor? De Weerd: Yes, Mr. Bernt. Meridian City Council Meeting Agenda May 7, 2019 – Page 32 of 537 Meridian City Council April 23, 2019 Page 28 of 37 Bernt: I move that we closed the public hearing for Item 9-I. Palmer: Second. De Weerd: I -- do we want to keep the public hearing open? Campbell: No. This was the final day of the -- De Weerd: Okay. Campbell: -- comment period. De Weerd: Okay. I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Madam Mayor, how do we proceed? Do we -- were we going to conjoin Item I and J together with the resolution? How would you like to handle it? De Weerd: Well, this is a public hearing on the amendment, which will come back in May for your action at that time. As I understand it. Is that correct? Campbell: So, the amendment -- what will come back in May is actually just the signed amendment. So, this is -- the resolution is to complete this today, so it is connected to this. De Weerd: Okay. And so authorized the signature today, so MDC can sign it tomorrow. Campbell: Sorry, I'm not making myself clear. So, authorizing the substantial amendment to the action plan and, then, we will go through with the steps to do the amendment and the amendment will come through next time . De Weerd: That makes sense. J. Resolution No. 19-2140: A Resolution Approving Adoption Of A Substantial Amendment To The Community Development Block Grant Annual Action Plan For Program Year 2018; Authorizing The Mayor And City Clerk To Execute And Attest The Same On Behalf Of The City Of Meridian; Authorizing The Community Development Program Coordinator To Submit The Same To The United States Department Of Housing And Urban Development; And Providing An Effective Date. Meridian City Council Meeting Agenda May 7, 2019 – Page 33 of 537 Meridian City Council April 23, 2019 Page 29 of 37 Bernt: Madam Mayor, do we approve 9-I and, then, go to Item J? Is that how I'm reading that? I is done; right? Just go J? Okay. Madam Mayor? De Weerd: Yes, Mr. Bernt. Bernt: I move that we approve Resolution No. 19-2140, a resolution approving adoption of a substantial amendment to the Community Development Block Grant annual action plan for program year 2018. Little Roberts: Second. De Weerd: I have a motion and second to approve the resolution under 9-J. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. K. [Amended on to Agenda] Request to Sign Letter in Support of Valley Regional Transit’s (VRT) Request for Low/No Emission Grant Funding for Eight Battery-Electric Buses De Weerd: Okay. Item 10-A is under our Public Works. Borton: Madam Mayor, we had -- De Weerd: Oh, the -- the letter. Borton: Okay. and I think Mr. Hood is going to open it up for our opportunity to provide some response and some support, quite frankly, to a grant that's been made available and a letter has been drafted, presented, passed out today, that would encompass that recommendation. De Weerd: Council, you have the draft letter in front of you and I will turn this over to Caleb. Hood: Madam Mayor, Councilman Borton, you just stated, essentially, what I was going to say. I was made aware about two weeks ago. Councilman Cavener is one of the city's VRT board members -- contacted me, asked me to inquire about potentially writing a support letter. I did get some talking points from VRT. I have got a little over four pages and I kind of went through those and cust omized them a little bit and that's the letter you see in front of you, more or less, or you like it as is. I did briefly talk to Meridian City Council Meeting Agenda May 7, 2019 – Page 34 of 537 Meridian City Council April 23, 2019 Page 30 of 37 Councilman Cavener just before this meeting, right when I was handing out the letter. I have already unbolded Valley Connect 2.0 from the letter. The clerk does have that letter, but I can print another -- another copy. I stand at the ready to make any other tweaks, changes, whatever you would like to do with that letter they do -- they are asking for any support letters no later than April 30th. So, this being your last meeting of the month, if we are going to support this it is something we need you to act on today, though. So, if there is any questions I can stand for them, but with that that is what is before you right now. De Weerd: Thank you, Caleb. Mr. Cavener, do you have anything you want to add? Cavener: Madam Mayor, nothing extra. I just -- thanks to Caleb for flipping this around quickly and working with VRT staff to make sure we hit the highlights. Everything else you guys have going on to be able to crank this out. So, support would go towards a grant that would provide some purchase of some buses that would be like a clean air bus, similar to the update that we had heard from VRT, from Steven earlier this spring having municipal support is somewhat critical in these types of requests. So, appreciate Council's support on this. De Weerd: Thank you. Any questions, comments? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Caleb, I assume this is going on our letterhead? Hood: Correct. The clerk has -- Madam Mayor, Council, the clerk has a copy on letterhead. I just gave you guys draft copies. Again, I will run and print another one, I just didn't want to be premature in printing another copy. I have made the one change. It will be on letterhead and, then, again, Valley Connect, will be unbolded. Yes, on our letterhead. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: The federal government has no money, so I ha ve a hard time asking them to pay for electric buses that can continue to be more buses than we have in the valley without people on them. Can you white my name out? De Weerd: No. It is under my signature. The letterhead has all elected officials. I f the majority decides to support this and move forward, it goes with all elected officials' names on there. Palmer: Madam Mayor? Meridian City Council Meeting Agenda May 7, 2019 – Page 35 of 537 Meridian City Council April 23, 2019 Page 31 of 37 De Weerd: Mr. Palmer. Palmer: At the beginning it says the City of Meridian is submitting a letter in support. Any chance of wording that in a way to say most of the City of Meridian Council support. Cavener: Madam Mayor? Palmer: I'm just trying not to be attached to it. De Weerd: Mr. Cavener. Cavener: I guess just a point of clarification. We are elected as a Council to represent the city. There are votes that go down week in and week out that I'm not in favor of, but when the ordinances are approved, my name is still listed, just like all of our names are on it. If the Council supports this letter, it would represent the city. I can appreciate the perspective that's coming from Council Member Palmer, but we are elected to represent an entire city. De Weerd: Okay. Any further comment? Mr. Clerk, will you call roll? Oh, I'm sorry. We probably need a motion. Cavener: Madam Mayor, I move we approve Item 9-K, a Federal Transit Administrative Grant request support letter, for the Mayor to sign and submit to VRT. Little Roberts: Second. De Weerd: I have a motion and a second. Is there any discussion outside of what we have already had? Sorry, I -- Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: As the representative to the Air Quality Board, I just would like to say that I support this and I believe that it -- that if it was in front of the Air Quality Board they would support it as well. De Weerd: Thank you. Okay. Mr. Clerk, will you call roll. Roll Call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. Thank you. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Meridian City Council Meeting Agenda May 7, 2019 – Page 36 of 537 Meridian City Council April 23, 2019 Page 32 of 37 Item 10: Department Reports A. Public Works: Budget Amendment Request for Spending Authority of Existing Community Recycling Funds [Action Item] De Weerd: Item 11 -A is Ordinance 19-1822. Nary: Madam Mayor. 10-A. Cavener: Doing 9-K. De Weerd: Oh. I had already moved on. Public Works. Nary: Actually, Madam Mayor, I have the -- De Weerd: Oh, this is for you -- Nary: This is SWAC. De Weerd: -- under Public Works. Nary: Yes. It's a SWAC item. It's under Public Works because now the Public Works staff are the leads with the SWAC commission, but David Miles couldn't be here tonight, I told them I would explain this. This is the annual appropriation the SWAC commission has authorized up to 500 dollars for parts and tire goop for the Recycle A Bicycle program that's part of the Unplug And Be Outside that's in association with the parks activities. So, the main sponsorship of the Recycle A Bicycle is from Republic Services. They provide the bicycles. They provide the refurbishing. This is the things that happened on that particular day in promoting this -- this project. So, the SWAC has authorized the 500 dollars. We have also put in requests -- they will be talked about at the budget time, to have a small appropriation for SWAC on an annual basis of up to 1,000 dollars, so that the SWAC commission simply appropriate that without it having to take the longer process to go back to the Council for a small project. They only have one or two small projects a year, most of anything else is more significant than a thousand dollars. So, those would always come back to you. But, anyway, this is the annual requests for up to 500 dollars for Recycle A Bicycle. De Weerd: Thank you, Mr. Nary. Any questions for Mr. Nary? Okay. Do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda May 7, 2019 – Page 37 of 537 Meridian City Council April 23, 2019 Page 33 of 37 Little Roberts: I move that we approve the budget amendment up to 500 dollars for spending authority of the existing community recycling fund. Bernt: Second. De Weerd: A motion and a second. Any discussion? Mr. Clerk, will you call the roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11 : Ordinances A. Third Reading of Ordinance No. 19-1822: An Ordinance Amending Title 1, Chapter 7, Section 5, Paragraph (A) 2) Of The Meridian City Code, Regarding Days And Time Of The City Council Work Sessions And Regular Meetings; And Providing An Effective Date. De Weerd: Okay. Now we are at 11-A. Mr. Clerk, will you, please, read Ordinance 19- 1822 by title. And this is the third reading. Johnson: Thank you, Madam Mayor. This is an ordinance amending Title One Chapter 7, Section 5, Paragraph A-2 of the Meridian City Code regarding days and time of the City Council work sessions and regular meetings and providing an effective date. De Weerd: Okay. You have heard this reading. Is there anyone who would like to provide any further testimony? Okay. Council, any final comments? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: It's been no secret for a long time that I'm not running again and so I have had numerous people, especially lately, coming to meet with me and ask questions and kind of learn about the experience I have had on Council and what they might go to expect should they decide to run. I have taken that opportunity to ask every one of them what their thoughts were on this, them already understanding that Council meetings are 6:00 and usually already knowing that on the second Tuesday it's at 3:00, but letting them kind of know, hey, the plan is to move it to 4:30 every week and every one of them expressed pretty strong concerns about that, about how much more difficult it would make it for them to be able to run and I was expecting it to be more of kind of the younger people that might be interested, but it's been 40 years old plus, sometimes 50 Meridian City Council Meeting Agenda May 7, 2019 – Page 38 of 537 Meridian City Council April 23, 2019 Page 34 of 37 year old plus, where I thought maybe their situation might allow for it to not be as big of a deal, but every one of them expressed a concern about it. If it -- if we were to assume that you have to plan ahead for half an hour to get here every meeting , then, that -- and that the average workday ends at 5:00, that would be four hours per month taken out of work to be able to attend the regular Council meetings. Whereas , as we have it now with that same half hour, it's two and a half hours a month . So, we are adding an extra hour and a half and making it a weekly occurrence , as opposed to just once a month having to make that arrangement. I think the -- the difficulty that's added does not justify the potential benefits. You know, we also -- usually on our workshop meetings we will provide meals for Council and staff that are sticking around and dealing with different issues after 6:00. You know, are we anticipating that meals will be provided every single week for Council and those that are here, even though we are going to be here at 4:30 or is there an assumption that people are going to plan ahead for that? Maybe that would be an additional time commitment that would need to be planned for in addition to having to make sure they have time to get here before 4:30. So , I can't support it, because at first, you know, like I mentioned , I was 76 and a half percent or whatever it was there, because I kind of like the idea, but after talking to people and really thinking about it, I think it would make it too difficult for some people that might be interested in running to move forward with it. De Weerd: Thank you. Any other comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate the input and those remarks. Hadn't shared them with me before and once -- I think the trade-offs, quite frankly, the benefits outweigh any potential cost. I have heard -- I have heard the opposite with regards to concern on -- on the meeting impact and some of the things that we discussed awhile back, the benefits clearly -- at least in my mind still seem to outweigh any costs. I don't think is going to have an impact on whether individuals run or don't run. The time commitment is massive regardless of when you start and this -- I think 4:30 verses 3:00 o'clock is just a tip of the iceberg and the commitment that it's going to take for anybody to run for Council, let alone Mayor. So, the benefit to the public who participates and to our staff I think is the greatest improvement that this provides. But certainly we are going to watch and see how it unfolds and nothing has to be set in stone. It's probably not the last evolution of meetings within our community either. So , that's the reason I still want to support this now and watch it be successful. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I think when this was first presented by the clerk and Council President Borton, a comment that I didn't want to leave our workshop meeting and part of that was Meridian City Council Meeting Agenda May 7, 2019 – Page 39 of 537 Meridian City Council April 23, 2019 Page 35 of 37 because I -- I believed in the functionality that is afforded our body during that meeting , but also as a little bit of change and naturally we all fear change. I think it's -- I'm going -- I'm going to say if the motion is made I'm going to support it tonight. I appreciate the comments from Council Member Palmer and, actually, the follow-up questions of Council Member Borton -- seven months or nine months from now we have a -- a new Mayor and three new Council Members, I think we as a body will get together and say is the way we function still working for everybody and do we need to bring back a workshop meeting? Do we need to change our times and that's something that I'm committed to making sure that this body is able to perform the needs of our public , but also for those that are elected as well. So , appreciate the concerns. I think they are valid and if those individuals that you speak to are elected and those concerns still remain, I think that's something that we as a body can look to try and make some adjustments as well. De Weerd: Appreciate the discussion and -- and, certainly, this is not cast in -- in concrete, so it can be changed, as Councilman Cavener mentioned. Any further discussion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Ordinance 19-1822. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Item 12, any items under this number? And, Mr. Clerk, I think if we can put on the agenda any announcements on upcoming events at the beginning of the -- the agenda, as was suggested earlier, I think that would be appropriate. At this point do want to remind Council about the town hall meeting at Siena Elementary tomorrow. It goes from 6:30 to 8:00. Topics that have been requested to comment on are a Discovery Park update, the Comprehensive Plan update, and someone from the library to talk about the -- the levy. We also have a Fire Department promotional and award ceremony on April 24th, which is Thursday here at City Hall. It starts at 6:30. And , then, Meridian City Council Meeting Agenda May 7, 2019 – Page 40 of 537 Meridian City Council April 23, 2019 Page 36 of 37 the drug take-back and free shred day is this Saturday from 10:00 to 2:00 at Blue Cross of Idaho in their parking lot. Item 13: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated and 74-206(1) (d) To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code De Weerd: So, with that said, I would move to Item 13 and entertain a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we go into Executive Session pursuant Idaho State Code 74-206(1)(f) and (d) and 206 -- yeah, (d) and (f). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call the roll? Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. (Executive Session: 7:17 p.m. to 8:11 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. No. First out of Executive Session. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we come out of Executive Session. Little Roberts: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda May 7, 2019 – Page 41 of 537 Meridian City Council April 23, 2019 Page 37 of 37 MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Little Roberts: Second. Cavener: Second. De Weerd: I have a motion to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:12 P.M. �DIO RECOAG-0E OF THESE PROCEEDINGS) 5 / - / ZO l �i DATEAPPROVED QDapJEDAuc>ATTEST'dGOP0CHRI JO tv CI CLERK DAHp SEAL 'F� '