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HomeMy WebLinkAbout2019-09-17 Regular Meeting minutesMeridian City Council September 17, 2019. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, September 17, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. 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: -- hearing under Item 7-A, the applicant has requested a continuance and I think that notice has been given on NextDoor, as well we called the HOA representative, but it is always good to come and make sure it is continued, so I'm assuming that's why you're here and so we love to see guests, so thank you for joi ning us. For the record it is Tuesday, September 17th. It's 6:02. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the pledge of allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake of Calvary Chapel Meridian De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. Thank you for joining us. He is with Calvary Chapel here in Meridian. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Drake: Mayor Tammy and Council Members, would you pray with me. Oh, Lord God, we just want to first acknowledge you as the creator of all things and, God, we appreciate the life that we all have and -- and, Lord, of course, the -- the country that we live in. God, we appreciate our freedom to elect our representatives and to live where we want and -- and -- and pursue our dreams. We appreciate this country very much. God, we also thank you for the City of Meridian, what a great place it is and -- and all those who contribute to it. Lord, we are praying especially tonight for the first responders, all those who -- who keep this city safe and -- and -- and come to our aid when we are in trouble and so, God, I just pray for them, that you bless them tonight and that you keep this city safe and, Lord, we are also thinking of those who don't have Meridian City Council Meeting Agenda September 24, 2019 – Page 47 of 257 Meridian City Council September 17, 2019 Page 2 of 10 much or are frightened tonight and I pray that they could find themselves to safety and that they would have their needs met, Lord, and -- and somehow that that would -- people would come to their aid and, lastly, Lord, but not least, I would just like to pray for our Council Members tonight and the Mayor as they get to go through the business of the city, at least this portion of it, Lord, and I know you care abou t the big things and the small things and so I pray that you just give them lots of wisdom and grace for being our representatives and spending this time to serve us, God. So, bless them. And we love you, God, in Jesus' name, amen. God bless you guys. Item 4: Adoption of Agenda De Weerd: Well, Pastor Drake, I appreciate you. Thank you for being here. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There are no changes to the agenda as published, so I move that we adopt the agenda. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 5: Announcements De Weerd: Item 5 Under announcements, we have a couple of upcoming events. Car seat inspection is Thursday, September 19th, from noon to 3:00 and that is by appointment. If anyone wants to have their car seat inspected, please contact our fire department. Treasure Valley Youth Safety Summit is this Friday, the 20th, at Wahooz, if anyone wants to join us. It's always a very interactive day with more than a hundred youth, 150 youth, so we would love to introduce you should you choose to come by -- drop by. Main Street Market is Saturday from 9:00 to 2:00. Concerts on Broadway is this Saturday from 2:30 to 5:00. At that event we will be announcing the arts awards and so we would love to have you there at 3:00 o'clock to present to our award winners. And with that any other announcements? And -- and that Concert on Broadway is weather permitting. I have no idea what the weather is, but crossing our fingers. Pastor Drake, maybe you can pray on that one. Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Meridian City Council Meeting Agenda September 24, 2019 – Page 48 of 257 Meridian City Council September 17, 2019 Page 3 of 10 De Weerd: Item 6 under future meeting topics. Mr. Clerk, do we have anyone signed up? Johnson: Madam Mayor, the only sign up was regarding the active hearing project. De Weerd: Okay. Johnson: And no others. Item 7: Action Items A. Public Hearing Continued from August 20, 2019 for Delano Subdivision (H-2019-0027) by Devco Development, LLC, Located at 14120 W. Jasmine Ln. and 2800 E. Jasmine Ln. 1. Request: Comprehensive Plan Map Amendment to include 4.10 acres of land currently in Boise' s area of City Impact in Meridian's area of City Impact with a Mixed Use-Regional future land use designation; and 2. Request: Annexation and Zoning of 15.21 acres of land with R-15 11.57) and R-40 (3.64 acres) zoning districts; and 3. Request: Preliminary Plat consisting of 85 single-family residential building lots, 1 building lot for a multi-family development and 12 common lots De Weerd: Thank you. Item 7 is Action Items. Oh, I'm sorry. Is Action Items. Yes. Item 7-A is the public hearing for H-2019-0027. The applicant has requested that there was a continuance to October 15th. Caleb, any additional information that Council should be aware of with this request? Hood: Madam Mayor, Members of the Council, that -- we did receive a transmittal this week from the city of Boise stating that this same applicant has applied through the city of Boise to amend their comprehensive plan and remove the subject area from Boise's planning area and that is scheduled before Boise City Council on October 8. That would be the week prior to this if it is continued. Yeah. If the city of Boise -- it doesn't get continued or -- or something. That's the main reason for the continuance. And, again, we got confirmation from the city of Boise that they have applied to remove that area. De Weerd: Okay. Thank you, Mr. Hood. Council, any questions? I do open this public hearing, but, Council, certainly it is up to you if you want to have it renoticed at the cost to the applicant please include that in your motion. Borton: Madam Mayor? Meridian City Council Meeting Agenda September 24, 2019 – Page 49 of 257 Meridian City Council September 17, 2019 Page 4 of 10 De Weerd: Mr. Borton. Borton: A question for staff. Caleb, is the -- the city of Boise's meeting on the 8th, is that the final decision before the Council potentially? Hood: Mayor Council, Councilman Borton, I'm not all that well versed in their process. The transmittal -- the hearing date 10/8 and who they send it to. The applicant is here. So, maybe he knows if there is -- I imagine there is a follow-up ordinance or something two weeks later, but I believe this action is not just -- and they have noticed it up as a public hearing, so there may be some procedural things after that process is over, but -- De Weerd: Would the applicant be able to answer this question ? Yes, please. Good evening. If you will, please, state your name and address for the record. Bailey: Madam Mayor, Council Members, my name is Laren Bailey. My business addresses 4824 West Fairview Avenue, Boise, Idaho . To answer your question, our understanding in speaking with the city of Boise and -- and about this topic is that, yes, this would go before city council and they would make a decision that evening whether they are going to, you know, move to retain this property within their area of impact or whether they would allow it or -- not allow, but whether they would recommend that it goes to the City of Meridian. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: While I have got you there, is -- is Boise city staff supportive of it and did P&Z act on it? Bailey: So, P&Z did not act on it. It's not gone in front of P&Z. They don't have a formal process for this. So, what they have decided is to have us just go straight in front of Council. We are not going to go to P&Z is what they have told us. As far as whether staff's in favor or not, I don't know that I have an answer for you. We are -- we have talked about it with them at length. They understand the conundrum we are in and how difficult the situation is where this property is split between two jurisdictions. I think now that they have dug into it they are starting to see that this isn't just a cut and dry, you know, yes or no answer, we need to -- you know, they have understood that there is utility services involved and there is other city services. There is also a landowner that's caught in the middle trying to -- and I don't mean the developer, I mean the actual -- the landowner today is caught in the middle trying to retire and -- and move on and sell his property and that he's stuck between two cities trying to figure out which way to go . I think at this point from a development standpoint I don't know that we -- we care anymore which way it goes, but it needs to go one or the other and -- and there is not an easy process to do that either, because of the fact that it's split between the two. Meridian City Council Meeting Agenda September 24, 2019 – Page 50 of 257 Meridian City Council September 17, 2019 Page 5 of 10 De Weerd: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Do you feel like maybe it would be wise just to maybe wait and see what the Boise city council has to say about this, instead of, you know, scheduling to come before us and having the public come and having to renotice and renotice again. Does that make sense? Bailey: It does and I don't -- you know, obviously, time is always a factor, but I don't -- I don't think we would be opposed to that if -- if the idea was maybe to wait longer to make sure we have all our ducks in a row, I don't -- I don't think we are opposed to that. The thought process was that we feel like Boise will make a decision one way or the other and, then, we will be back in front of you to see what decision you're going to make. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Borton: I move we continue Item 7-A to October 15th. De Weerd: Okay. I have a motion to continue 7-A October 15th. Do I have a second? Borton: Madam Mayor, I will second the motion -- De Weerd: Mr. Borton. Borton: -- I will second the motion and for some discussion. If the motion includes the renoticing at the applicant's expense. Palmer: Madam Mayor, absolutely. De Weerd: Okay. So, I have a motion to continue this public hearing to October 15th with the renoticing and mailings at the expense of the applicant. Okay. Any -- anything further? Borton: Madam Mayor -- oh, go ahead. De Weerd: Mr. Cavener. Cavener: Madam Mayor, thank you. I'm going to oppose the motion. There is so many people that turned out for a meeting in this and a significant amount of correspondence that we have received, what I don't want to have is a scenario of which October 15 th is Meridian City Council Meeting Agenda September 24, 2019 – Page 51 of 257 Meridian City Council September 17, 2019 Page 6 of 10 come and something's happened at the city of Boise that it had to continue or something along those lines and now these people come out only to invite them back a week later or two weeks later. So, recognize the challenge, I think you used the word conundrum, Laren, that's a very polite way of putting the challenge that you guys are in and want to make sure you guys have ample opportunity to address that with the city of Boise before we invite the public back for their very important testimony. So, I will be opposing, not because I don't support the continuance, I just think it needs to be a little bit further out. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I would agree with -- I will be voting no as well for the same reasons that Mr. Cavener is. De Weerd: Okay. Any further discussion? Mr. Borton. Borton: Madam Mayor? De Weerd: Yes. Borton: I appreciate that. To give a little context of why I was supportive of it, in -- a couple things. The written testimony is -- is extremely valuable for us. We go through all of it and this particular application, because it has implications with an area of impact, I -- it's -- it's dead on arrival to me absent Boise's approval. The area of impact is something that cities cooperatively work together and we -- we do not encroach upon each other's areas of impact and we do not cross over. In my mind that's a -- that's a no no and there is nothing about an application that would make me ever support doing so absent the consent of the relinquishing city. So, the reason I'm comfortable moving forward is for that reason. Unless that is consented to and agreed to by the city of Boise, then -- so, that's a fatal flaw in this application. So, I think there is an opportunity for the public to, hopefully, appear on the 15th, but certainly provide written testimony as well, because it all goes into -- into what we weigh in making a decision. But this is a critical element in my eyes, that it can't proceed without it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I agree with Councilman Borton, but I also agree that I don't want to see these fine people coming back on the 15th and, then, coming back again later should something happen. If Boise says no or if they -- if they have to continue their meeting, so I will not be supporting this motion for that reason. De Weerd: Okay. Well -- Meridian City Council Meeting Agenda September 24, 2019 – Page 52 of 257 Meridian City Council September 17, 2019 Page 7 of 10 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just -- sorry. Just briefly. First some discussion. Is it -- is it desired to have a continuance to a later date or to have a public hearing right now? What's -- what's the -- De Weerd: It sounds like to a later date. Cavener: Madam Mayor? Milam: Mr. Cavener. Cavener: The only reason why I bring it up is -- as I know that at -- at times the city of Boise has struggled with some quorum issues with their meetings and agendas have had to be renoticed and -- further out and what I would hate is that something happens, city of Boise has to reschedule their October 15th meeting to the 22nd and now -- right. And now we have -- we have kind of painted ourselves into a corner. Well intended, but -- Madam Mayor, I think Council Member Borton was maybe inquiring how further out I would want to continue this out. For me I -- I would think that we would put it out maybe middle of November or maybe the first or second week in November to give ample time for this issue to play out in the city of Boise and at least have that question answered long before this is before us. De Weerd: Well, then, I will just call for the vote. Those in favor of continuing this item with the renoticing to October 15th, please indicate by saying aye. Palmer: Aye. De Weerd: Those opposed say nay. Okay. The motion fails. MOTION FAILED: ONE AYE. FIVE NAYS. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we continue this item to the 12th of November and have the applicant provide the proper renoticing to the public at their expense. Milam: Second. De Weerd: I have a motion and second to continue this item to November 12th with the appropriate renoticing. All those in favor say aye. Any opposed say nay. Okay. This item is continued to November 12th and thank you for joining us tonight. Meridian City Council Meeting Agenda September 24, 2019 – Page 53 of 257 Meridian City Council September 17, 2019 Page 8 of 10 MOTION CARRIED: ALL AYES. B. Public Hearing for Proposed Fiscal Year 2020 Consolidated Citywide Fee Schedule and Solid Waste Fee Rate Adjustment De Weerd: Item 7-B is a public hearing for the proposed fiscal year 2020 for the consolidated citywide fee schedule and solid waste fee rate adjustment. I will -- I will pause for a few minutes. To open this public hearing we have Brad here with us from our Finance Department. Purser: Thanks for having me back. Round two. Good opportunity for everybody to see if we have anymore input, which we will welcome. I just would, again, refer to the public record, what -- my presentation from a few weeks ago. Stand for any questions. If anybody else had any questions I'm happy to talk, so -- De Weerd: And that question -- those questions would be regarding the consolidated citywide fee schedule. We do have Rodney here to talk about the solid waste fee rate adjustment. Anything for Brad? Okay. Thank you, Brad. Purser: Thank you. De Weerd: Rodney, thank you for joining us. If you will, please, state your name and address for the record. Remling: Thank you, Madam Mayor, Council. Rodney Remling. Business finance manager for Republic Services. 11101 West Executive in Boise, Idaho. So, I am -- I'm here for questions if there are any. We presented this before. Are there questions or do I need to present again? I'm a little unsure. De Weerd: I think, Council, do you have any questions specific to the requests in front of you? Okay. Remling: Okay. Thank you. De Weerd: This is a public hearing. Mr. Clerk, do we have citizens signed up? Johnson: Madam Mayor, there is nobody signed up. De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Very good. Council, seeing there is no further comment from Republic Services or our Finance Department and no testimony, what is your desire here? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda September 24, 2019 – Page 54 of 257 Meridian City Council September 17, 2019 Page 9 of 10 Milam: Oh. I move that we close the public hearing on Item 7-B. Little Roberts: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 7- B. 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 the fiscal 2020 consolidated citywide fee schedule and solid waste amount. Nary: I was just waiting -- I was going to wait until you -- Madam Mayor, Members of the Council, Council Member Milam, would you include we will provide a resolution for next week's agenda for approval. The statute requires a resolution and since we did them together we thought we would provide one resolution next week. Milam: We don't need to do anything? Nary: You need to move to -- to approve it and provide a resolution for next week. Milam: What word was I on? And solid waste fee adjustment and to include a resolution in next week's agenda. Bernt: Second. De Weerd: I have a motion to approve the proposed fiscal year 2020 consolidated citywide fee schedule and solid waste free rate adjustment and with direction to have a resolution on next week's agenda. 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. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Future Meeting Topics De Weerd: Council, any items under Item 8? Cavener: Madam Mayor? Meridian City Council Meeting Agenda September 24, 2019 – Page 55 of 257 Meridian City Council September 17, 2019 Page 10 of 10 Cavener: Mr. Cavener. Cavener: I will acknowledge the young man that's in the audience. Probably here for some school credit. You hit the lottery. Best meeting to be at all year. Nice job. Bernt: Maybe he wants to say something. De Weerd: I hope you get good credit for this. Council, I would entertain a motion to adjourn. Borton: Move we adjourn. Cavener: Second. De Weerd: I have a motion and a second to adjourn. All those favor say aye. All ayes. Motion carried. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:22 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA MY DE DATE APPROVED ATT N Is, IV6llW) rolIV• h 01p of w IOAHO SEAL