Loading...
HomeMy WebLinkAbout2009 04-28Meridian City Council Meeting April 28, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, April 28, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bob Stowe, Tracy Basterrechea, Mark Niemeyer, Bruce Freckleton, Kyle Radick, Sonya Watters, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Good evening. I'd like to welcome you all here. For the record it is Tuesday, April 28th. It's a few minutes after 7:00. We appreciate all the young faces we see in our audience. We always enjoy having our Boy Scouts join us and, hopefully, they are kept -- we keep your attention. So, with that said I will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: Boy Scout Troop No. 93. De Weerd: Item 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by the Boy Scout Troop No. 93 and, Mr. Bird, before I ask you to stand up -- I will read off their names. Dustin Barton. Conner James. Zach Carlson. Andrew Gerhardt. Ryan Dempsy. Nick Thorpe. Steven Hopper. Greg Quintana. Spencer Hiner-Stolhand. And John Fritz. If you will all join us in the Pledge of Allegiance and ask our Boy Scouts to come forward and lead us in the pledge. (Pledge of Allegiance recited.) De Weerd: If you guys will stay there for a moment. Thank you for leading us in the pledge. It's always great to have our youth lead us in that particular item. Item 3. Community Invocation by Steve Moore with Ten Mile Christian Church: De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Steve Moore. He is with the Ten Mile Christian Church that just recently opened on Easter Sunday on Ten Mile and Franklin Road. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Meridian City Council April 28, 2009 Page 2 of 42 Moore: Thank you, Madam Mayor and Council and all the departments on behalf of our congregation, I think it's just appropriate for me to say publicly we are grateful for the support we received and the many ways that our city cooperated. We hope to continue to make a difference in this community and thank you for that. Our God and Father in Heaven, it does our hearts good tonight to be witnesses of these young men who have already figured out in life what we all need to know and remember, that it's better to give than to receive, that they have, by their involvement in the scouting program, determined to use their free time for something beyond themselves. I ask you to bless them and their leaders and their families as they endeavor for those high ideals. God, tonight decisions are going to be made that affect people's livelihood and their lifestyles and this community's well being. You have said in your word to seek your wisdom and ask on behalf of these Council members, these who volunteer, and also who are employed in the city and our Mayor, I pray, God, that what's done tonight will be in your will. We thank you, God, that -- that life is well and reflection bigger than ourselves and we need that. We realize from time to time that we are in over our head just in the daily pressures of life, but we take comfort in the fact that you are our God, you are a keeper of your word and we turn to you in this community. We really are a community under you, God, in Jesus' name I pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda we need to remove the last item, Item L. That will be discussed some other day. On the regular agenda, Item 9 regarding Pinebridge Subdivision No. 1 has been withdrawn by the applicant. Items 11, 12 and 13 regarding Fig Nut, there has been a request to continue that. And we will continue it to May 26th. Item 16 is published as a second and third reading, but it will, in fact, only be the second reading. With that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 14, 2009 City Council Regular Meeting: Meridian City Council April 28, 2009 Page 3 of 42 B. Findings of Fact and Conclusions of Law for Approval: AZ 08- 016 Request for Annexation and Zoning of 36.27 acres of land from the RUT zoning district in Ada County to the M-E (Mixed Employment) zoning district in the city for Southridge 31 by James L. Jewett -northeast corner of Overland Road and Ten Mile Road: C. Beer, Wine & Liquor License Renewals for: Limelight 3575 E. Copper Pt. Dr. Beer & Wine Famous Dave's BBQ 2038 Overland Rd. Beer & Liquor Ricks Press Room 130 E. Idaho St. Beer & Wine Meridian Speedway 335 S. Main St. Beer & Wine Grains of Montana 1505 S. Eagle Rd. Beer & Wine The New Frontier 116 E. Broadway Ave. Beer & Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Beer Smoky Mountain Pizza 980 E. Fairview Beer & Wine JB's Restaurant 1565 S. Meridian Rd. Beer & Liquor Rudy's Pub & Grill 2310 E. Overland Rd. Beer & Liquor Siam Thai Restaurant 2951 E. Overland Rd. Beer & Wine Good Thyme Grille 750 S. Progress Beer & Wine Lakeview Golf Club 4200 W. Talamore Beer & Liquor Lotus Garden 2120 E. Fairview Beer Muggsy's 501 S. Main St. Beer & Liquor Flatbread Comm. Oven 830 N. Main St. Beer & Wine Cheerleaders 3541 N. Eagle Rd. Beer & Liquor Legacy Feed & Fuel 3100 S. Meridian Beer & Wine Miss Tami's Tea Room 1031 N. Main St. Beer & Wine Vina 1534 N. Main St. Beer Firehouse Pub & Grill 1767 W. Franklin Rd. Beer & Wine Jakers 3268 E. Pine Ave. Beer & Liquor St. Luke's Meridian 520 S. Eagle Rd. Beer & Wine Fuddruckers 3421 N. Eagle Rd. Beer & Wine Whitewater Pizza 1510 N. Eagle Rd. Beer & Wine D. Initial Point Gallery Ac ceptance Agreement: Russell Biaaane for Tundra Studios: E. Approve Proposal from Nampa Paving and Asphalt for ACRD 2009 Federal Overlay Proiect for $6,100.00: F. Amendment to Task Order No. 0766 with Parametrix for Franklin Road -Ten Mile to Linder for $18,100.00: Meridian City Council April 28, 2009 Page 4 of 42 G. Task Order Agreement with T-O Engineers for a Letter of Map Revision and Flood Study of Eight Mile Creek for the Not to Exceed Amount of $20,000.00: H. Change Order No. 1 and Change Order No. 2 for Overland Road Sewer and Water Improvements Project for the Amounts of $10,127.00 and $17,500.00: I. Approval for New Beer, Wine and Liquor License for Taviiaroen & Dullaphan dba Sa-wad-dee at 1890 E. Fairview Ave.. J. Approval for Beer and Wine Owner Transfer from Double D Home and Ranch to Ridgewood Enterprises Inc., dba Leaacv Feed & Fuel at 3100 S. Meridian Rd.: K. Mutual Aid and Assistance Agreement for Idaho Intrastate Water / Wastewater Agency Response Network (IDWARN): De Weerd: Item No. 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item L has been removed from the Consent Agenda. Other than that I move we approve the revised Consent Agenda and for the Mayor to sign and the Clerk attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Police Department: 1. Discussion on the Justice Assistance Grant: Meridian City Council April 28, 2009 Page 5 of 42 De Weerd: Item 6 under Department Reports, we will start with the Police Department. Discussion on the Justice Assistance Grant. Basterrechea: Madam Mayor, City Councilmen, we have before you a memorandum of understanding for the metro -- Boise metro area, which would include the Meridian Police Department, Boise City Police Department, Ada County Sheriffs Office, and the Garden City Police Department and, basically, what has occurred is we have received a JAG grant or Justice Assistance Grant, known as the Bryne grant, and they have allocated the Treasure Valley a certain amount of monies. Our share of that is a hundred -- approximately 133,000 dollars. And with that Treasure Valley law enforcement agencies have agreed to set aside 15 percent of that and pool that money together to purchase certain equipment. These equipments are needed, because we have currently switched over to the 700 megahertz radios and some of the equipment that we have used for some of our domestic violence cases are not compatible with 700 megahertz. And so once we looked at the best way for cost savings, we thought it would be better if we pulled our monies together and bought an allotment of equipment that the different agencies could utilize together. Along with that we are also looking at utilizing some surveillance and investigative technologies, as well as switching over to upgrade our records management system from AS-400 platform to a Windows based platform, which would ultimately make for cheaper upgrades and make it much more user friendly. And with that I'll answer any questions that you might have. De Weerd: Thank you, Lieutenant. Any questions, Council? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the Memorandum of Understanding for the Justice Assistance Grant and authorize the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council April 28, 2009 Page 6 of 42 Basterrechea: Thank you. B. Mayor's Office: 1. Economic Development Update: De Weerd: Thank you. Okay. Item 6-B under the Mayor's office is our economic development update. We have Bill Stiffler. Stiffler: Good evening to Madam Mayor and Councilmen. It will not just be me speaking. That may make some feel good about, because I won't talk quite as much. So, Josh will also participate in this, because there is some areas I'd like to have him cover. If -- I think the point is what we would like to do is be able to give a quick update and be able to answer any questions also about what's -- I guess what's happening, what's not happening, and what can be happening, I guess to a degree. So, with that still staying the course, which the Council and Mayor and I think the city has outlined referenced economic excellence and I think we are going to continue that course in a way that continues to make Meridian very proud and that economic excellence, as we have said before, relates strictly not only to looking at what we consider to be new business, but it looks at the idea of where the future business would be. Can I advance it there? Should be able to with the pointer. There we go. And I'm going to go past, as the Council has seen before, we are still maintaining the mission and the vision that we have outlined in the past and still stay that course. I think the one thing that I would want to mention -- and it's interesting -- I'll cover this later on in the presentation -- is just had the opportunity to attend an actual workshop convention that was made up of the National Association of Business Writers and Editors from throughout the United States. I just returned at 3:00 o'clock today. At that actual meeting we had some of the top business writers from Forbes, Fortune, Wall Street Journal, all the major newspapers. As a result of that we participated in that with the state Department of Commerce. One of the things that I'd like to mention out of that is I had a chance to participate in part of a forum with the actual authors of this book that just came out and it's called Battling the Big Box. What the story is all about is where the future of America is related to small business and I am going to take a minute, because I'd like to share just about four or five facts in here, which I think points out the emphasis that we have continued to look at reference small business and small business growth and emerging businesses in this community. And these statistics are fairly current, which is kind of interesting as being a current book just published in 2009. Small businesses account for more than 99 percent of all the employer firms in the United States. These businesses employ half of all the employees in the private sector. Firms with fewer than 20 employees account for 32 million workers. Throughout the past decade small businesses provide 60 to 80 percent of the new jobs annually. 2004 is the most recent data available, but it is being confirmed in the 2008 data. Small firms accounted for all of those new jobs. A net new job refers to new jobs in excess of the number of lost jobs. What that is in small business, there is a net increase. In large business there is a net loss. These small companies hire 40 percent of the high tech workers, including scientists, engineers, and computer workers. They also make up 97 percent of the Meridian City Council April 28, 2009 Page 7 of 42 exporters and produce 28.6 percent of the known export value. This is all from the U.S. Small Business Administration. The reason I only bring that up is that, yeah, I think you have heard from me personally as kind of looking at the representation of why I think it's so important that we stay our focus on where really the economy and the business side is, as we said before, not going out to try to seek out that 10,000 employee company, but finding where those employers and those entities that we have here that maybe 20 employees today, but a hundred tomorrow. So, then, going into the identified areas on the slide that's up right now, as you're well aware our business enterprise corridor or program -- and I would say our approach is alive and well. The first thing -- and the last -- the last time that I was able to give the update it was still in process, so I want to confirm, so that you're aware of that in combination with the city and with Idaho State University and with the ISU Alumni Association, a hundred thousand dollars was raised for a strategic communications plan to go ahead and push the health sciences and technology corridor forward. I will say right now that the new -- the new identity branding of that will be launched in the month of May. It will be unique. It will be very much similar to what you might think of a North Carolina triangle kind of concept. And the focus of that, again, will be the focus towards the same kind of business enterprise we see already presently found -- or the foundation of that corridor. At the same token we are going to tie in a marketing that sits in the heath science tech corridor to get all their marketing representatives on the same page with us and I say they are very excited about being part of that, because they see that as the kind of growth that they would like to see in that corridor and the synergistic type of entities that exist there. We are also still proceeding forward on actually preparing a white paper. I discussed that with the Council the last time I was here, looking at the feasibility side of what we refer to as the field district or innovation center as we might say or innovation -- fields innovation and research center that could locate someplace in northwest Meridian. We have had meetings with the University of Idaho and we are proceeding forward to look at the feasibility where that would fit long term in the vision for another corridor for the community. At the time that we are ready to have that white paper it will be presented to the Council for your review. We will continue -- and as you know with the coordination between jobs in particular with MDC, we continue to work with the downtown area and want to continue to push that as much as we can forward. I would say it's very interesting in contacts that we have, we still get the inquiry what's going on downtown, what's going to be happening downtown, and it's nice to be able to make those -- make those positive statements about that. I must say the building we sit in right here continues to be a positive example of that to the people that see it. Lastly, but very importantly, is getting all the businesses engaged that are in the corridor today. The press and publicity that we can get for them to give identity to understanding how important they are is very important. Again, what I will give you out later is that some of those companies that I just had a chance to be at this conference at and actually getting a chance to tell Meridian's story -- I'll give you one a little bit later. But these thumb drives here we gave out over 200 of them to business writers from around the country. These thumb drives have a small little story about Idaho. They, then, have a story of the participants. Participants included part of the southern Idaho -- southern Idaho -- excuse me, the southeastern Idaho economic development group covering Twin Falls and that area. Covered some out of Moscow. We were the only representative out of Meridian City Council April 28, 2009 Page 8 of 42 the Treasure Valley was Meridian. And in this we got stories that are now in the hands of -- stories of the businesses here in our community that are in the hands of those writers. With that I'm going to go to the next slide and I'm, actually, going to let Josh come up and talk to you about this next slide and one of the reasons I'd like to have him do that, he's been very instrumental as a catalyst, particularly with the upcoming Meridian Business Day, which I will tell him a lot of the volunteers and some of the small businesses we have participating in it I think the momentum and the traction are because Josh has actually kept that traction going and that enthusiasm with them. Josh: Good evening. A few brief comments in addition to what Phil mentioned on the Meridian Business Day, which I will get into and you're currently being handed out the invitation that's going out to Meridian businesses and actually valley businesses. To date this year -- we started off this year creating a top 30 site visit list, obviously, engaging existing businesses with the Mayor continuing to be a priority. It's not, obviously, just about bringing in new business, but helping our existing businesses to grow and supporting them. So, we started off by creating that site visit, so we had a target list and, then, we have currently been working from that list to engage those businesses, not only with the Mayor, but also as we have opportunities to go out there and follow up with businesses and meet with them even on a one-on-one basis day to day. Meridian Business Day event that Phil touched on has a collaborative event with not only the Department of Labor, but also educational and business leaders and owners in the community. They have been instrumental in organizing this event out there. We are creating this event to be free to participants, which we feel is extremely important and critical, so it's not -- you know, obviously, in this economy not having them pay for it -- various workshops have been identified by the businesses and educational institutions that are participating that are needed by businesses and those individuals have stepped up to provide their services for free. As you -- I don't know if -- and, actually, I will send you out an agenda -- Councilman Hoaglun, I think I sent it to you, I don't know if you saw that, but I'll make sure to get it out to all the Council Members so you can see -- some of the names that are associated with those workshops, definitely some leaders in our community and this valley really stepped up to help out, as well being capped off by a networking luncheon where we will do something similar to the Taste of Meridian from the State of the City as that was a very successful event and really showcases the great restaurants we .have here in this community. This will all be done and take place at City Hall, so we can not only showcase our downtown, but also this great building we are standing in, as well as the plaza out front. Again, sponsors have really stepped up so far and we are looking for new sponsors, but that's what's really helping us drive this event and make it free for participants. If you have any questions on that I'd be happy to answer them, but -- De Weerd: Council, any questions about Meridian Business Day? Bird: I have none. De Weerd: Okay. Thanks, Josh. Meridian City Council April 28, 2009 Page 9 of 42 Josh: We have also recently conducted a business survey over the last month and a half. To date we have only received 58 responses. We were hoping to get a lot more feedback than that. We have attacked it from several angles, whether it be the website, e-mails, the chamber, but the responses that we did get were very valuable and we are collecting those responses and we will share them with you when we have those consolidated. We are also reaching out to technology groups to help us get more engaged with various emerging businesses, groups like Kickstand and Tech Boise, participating in their activities and events and their monthly meetings helps us stay in front of what's going on in the community. And we are also exploring a database resource to help us -- obviously, the city does not have a business license, which makes it difficult sometimes to know who is out there, but driving around and making a list of businesses, which could be very time consuming at times, but this resource that we recently -- are recently exploring provides a current and accurate database of businesses in Meridian. Actually, the library's looking at adding it to their research that they offer and we might be able to tap into that if they do so. This company not only mainly enters data from, again, Yellow Book, but they phone verify all these businesses, so getting additional data on these businesses and find ways that we can quiry the number of employees, size of businesses, et cetera, which might be very valuable to us to have to know what's going on in our community. With that I'll stand for any questions on these items. De Weerd: Thank you. Stiffler: The one thing I would like to add about the Meridian Business Day is there is kind of another -- a background theme to that that we found that's very important and think it's something that ties into the rest of that slide on site visits. I think every time that the Mayor has been with me on a site visit or Josh and I go visit businesses, right now the biggest message that we can get to those people is the fact that there is a positive side, there is a proactive side, kind of the spirit behind entrepreneurialism and small business is alive and well in Meridian. And I can tell you that the Mayor and I were just over meeting the new president of SSA last Friday, same comment, and I can say the excitement -- I think, Tammy, I don't know if you got achance -- we already got an a-mail back from him telling how he was appreciative of the kind of efforts that I say to all of you in facing you that looking at the fact of how we are trying to do the right thing for Meridian for the future. The next segments, which we have referred before in those five -- in our major objectives areas is positioning for sustainable economic base. I would tell you that right now I would say that we are looking at exploring every potential tool that we can to draw investment into the community. There are some things being considered right now that having to do with actually Bill Nary, along with some private legal counsel, because of some clients and people that looked at investment in this area that we are working with the Department of Commerce and other parties to look at being able to help facilitate that. I would say that we will be able to divulge a little bit more and talk more about that as those come to play, but it's all in the idea of saying how can we help -- to be blunt, our developers, our stakeholders, our citizens and those people in today's economy to see how do we get investment into our community. Our participation still continues with BVEP and I would say that that Meridian City Council April 28, 2009 Page 10 of 42 participation is mentioned here a couple times and I would say this that -- I only want to make clear that I would still say our participation, we will respond to every request that we see that comes in from any of the inquiries from the Department of Commerce or through BVEP. Generally we sometimes get them from both and the reality is we may have already responded and we find some our developers have already received that response. But I would tell you that we still stay very focused on that small to medium sized business, because sometimes in today's marketplace we find out very quickly that some of those big business things that sound very good on paper are not quite there unless the state and the city wants to cough up three to five million dollars worth of cash or if we are looking at the realities and so I would say this, we still remain focused on the realities, not on what I would call the rainbows in another realm. Working with developers, leasing agents, and commercial realtors to provide support. We are going to -- we continue and it's interesting, we talked to the people at all the various developments pretty much both on a routine basis in the context of related to them giving us inquiries or information, we have provided our marketing packets to them, so they can actually use them in their marketing efforts and we will continue to do that. still think we are very blessed in this community as the Council knows with some -- a group of developers who are very professional, experienced, down to earth business people that are trying to do their best job given the economic time. We are also -- in fact, we have another meeting -- we probably would say -- I think the Mayor might say that when we formed the Mayor's Advisory Workforce Development Council, I would say the meeting -- our previous meeting of a month ago was probably one of the most energetic meetings I have seen by a group of people. Josh did not mention, but the reality is part of the actual enthusiasm and excitement that's come out of the Meridian Business Day has come from some of those leaders on that advisory council to the Mayor. They are the same ones that have stepped up. And I could name them. Bill Bock from the University of Phoenix has been fantastic and the reality is with those kind of enthusiasm we are getting it from representatives from bodybuilding.com, we are getting it from representatives from Vengaworks, it's kind of ongoing and I think the point is that it's very exciting to see that they are looking forward in a positive way. We also were the ones that actually served as a stimulus to -- actually, we defer to the Mayor, but because of her roll on the business retention committee for BVEP, we started this whole thing, she taps me with kind of the education committee and looking at how we can get people involved in looking at our labor force and education and where they connect. We were able to get Leandra Burns from the Department of Labor on board and she -- I would say this, that she took the football and ran with it. So, as a result I just got two more a-mails today. I will say that we will take the credit for being the catalyst for it, but the momentum is going on. There is actually going to be a summit where we now got participation throughout the valley on labor force and work force development just what the Mayor had intended out of that whole plan. And I would say in that same token that summit will also be tied into a date potentially in June and there is going to be some more specifics to that related to the health science and technology corridor. It was interesting that one of the workshops that I got a chance to sit into at this -- this conference in Denver was also -- also on healthcare for the future and they had the chief financial -- excuse me -- the chief medical officer for Signa Insurance Company, the former governor of the state of Colorado and the third person was the Meridian City Council April 28, 2009 Page 11 of 42 actual person who was the -- I should say the actual editor or writer of President Obama's actual research topic that he had done on healthcare and she presented part of that. And out of that they started talking about actually the labor force and the realities, again, the demographics we see in healthcare and it got repeated over and over and over again, the economic engine that can help pull things back out. It still has problems in it, there is lots of issues to be solved, but it still comes in that healthcare and the related technology in the development and research. What we have termed target marketing to attract new value added business is very important to what we see the future and I would mention there, again, you will see here a couple things -- we just listed examples of projects and these are code word names that come from BVEP, so I -- we didn't -- Josh and I didn't come up with those. Bright. Everest. Hardwoods. That type of thing. I must tell you that in many cases some of those that we picked, the Mayor knows this, we look at the ones that we think are really realistic. Many times part of our developer group will already have awareness and we are working -- you know, we will work with them and some of the information -- the planning department works with us to look at identifying possibilities for that. But at the same token you never know. One of those ones that makes really good sense or hits and the idea is that that's why we -- that's why we will still follow up with them. If you go down to working with several start-up companies and businesses interested in relocating to the area, I would say right now, which is maybe an indication of the economy, I can't name the name of it -- we have another new restaurant that will be moving to Meridian out of another community, which I'm not privy to say. I have had conversations with them at the end of the week, but I can say this comment, they said to me that they want to move to a business friendly city and that's the direct comment. We have a medical device development entity that right now is choosing between really Idaho and Nevada. That's ones that have contacted us directly. I'm not sure yet of the success of that. It could be potentially 60 jobs. The nice thing about it it falls right into the corridor kind of concept that we are doing in the whole health science and technology corridor. And so they are looking at -- Nevada's throwing some incentives out to them, which is not a surprise. It's a matter of whether -- it happens the gentleman who is the CEO has a ranch and a farm less than an hour away. So, that's got -- that may be an incentive that's a little bit closer than being in Nevada. And we -- Josh and I just met last week -- we have a home healthcare group that was looking at wanting to place themselves right in the corridor. They would have about eight to ten jobs, but they would have up to 200 people under their -- under their wing. This is not a new start up in not having impact or the understanding, the gentleman already has contracts for part of those services and it's really an enhancement. He has all his medicaid -- all the approvals to be able to provide that out source service. We will continue and have -- I would say this, Porter Novelli, the marketing PR firm for BVEP, has continued to work with us and we continue to try to get exposure where ever we can with regard to any of our existing businesses and how that ties to some of the emerging entities that could be here. Lastly, I hope all of you do go out to Gino's restaurant. As you know that we were -- you know, as a city we were instrumental in getting that thing going there. It's not a huge employer, but is a good employer and I think it provides another -- another resource. I know that at least the Mayor and Charlie and myself live pretty close to it. I know Brad -- yeah. Kind of like I'm going thumbs up. I tried to go -- even here I thought I was the guy that got them Meridian City Council April 28, 2009 Page 12 of 42 all out there on a Saturday and put it all together, but I couldn't even get in the restaurant. Gino just laughed at me. He said you need a reservation, so -- so, part of our direct effort, which I totally agree with and the idea of targeting the Mayor has -- the Mayor and -- has sat down with us, we have talked about where do we really -- how do we get our best bang for our buck on targeting the kind of businesses we want. So, we have targeted four trade shows for our attendance. I just came back from the SBEW. That's the Society of Business Editors and Writers. That was the national conference. There were, like I said, only two states represented. Wyoming and Idaho. And Isay -- that started on Sunday and the first four people that walked up to the booth we had there, the first four said why are you guys here, what are you here for. Couldn't have been a better question, because, you know, it's kind of a lay-up, you know, why would you be here. And so I would tell them -- and the Mayor has -- when I have a chance to give this report, because I just got back today, but I will just tell you it's one I would strongly recommend that if we can stay participating in I think it will be well worthwhile. The one thing we were available to do, actually, because of the strategic communications plan that ISU participated in funding and everything, Scott Perrin of Scott Perrin and Associates worked the booth with me, as well as Julie Howard from the Department of Commerce and also a representative from the Southeastern Business Council in Idaho that's based out -- she's actually based out of Twin Falls. So, we were the four people that worked the booth at the show. I would say that the good news out of that, we took a direct approach. We found out that a lot of discussion going on had to do with financial crisis and financial items, but we actually targeted an a-mail right at the show, those regional and free-lance people that were looking at kind of the more new exciting stories. We do not have a commitment, but the Los Angeles Times and San Francisco Chronicle have both indicated that they are interested in doing a story on the business enterprise corridor, particularly related to when we launch the new name and we actually gave out some of that information to them. The other ones I will skip through, because my time's up. I just would tell you that I hope most of you possibly saw the IBR construction article, the Mayor and I had a chance to take one of the -- one of the writers for the IBR out, it was just in this last -- this last week's issue. The one thing I will say that same comment here is -- here is taking someone around again and every time we seem to do this I -- they will -- they just get shocked. And I sometimes think that people that maybe live in the -- in Boise or they live in another part of the valley, it's just -- when you drive them around and they go, wow, I didn't know that was happening. We know we drove them by Complex Care Hospital over in EI Dorado. We took them to the building -- the buildings at Portico. You took them into Silverstone. You take them out to the areas and they just go we didn't know that was happening. And as you saw in the pictures there, you saw construction workers working at Portico and they saw the ISU building and it's just -- it's -- it's something the more and more we get out -- every time we take somebody on a tour they kind of go, wow, I didn't know that existed. I'll skip down -- the rest of it is kind of -- I'll skip down to the last one. New businesses locating at Vengaworks. These are just a few. You have heard me talk about and we have talked about Vengaworks before. I guess what I would say to you -- when we first looked at getting that and working with them -- and Tammy can talk about the first time that we first met them, we said, wait aminute -- and the reality is go over Meridian City Council April 28, 2009 Page 13 of 42 there -- if you get a chance go over there, because it's already happening. You're seeing -the businesses move in and come in and be active and continuing to do that. De Weerd: Have any of you been over there? Zaremba: I haven't -- I have been by it. I haven't been in. De Weerd: You really need to -- if we arranged atour -- maybe, Phil, you can pull that together, but -- Stiffler: I have lunch with Mark tomorrow. De Weerd: It just is a new concept and there is some very aggressive upstart businesses in there that we have been working with directly that have a lot of potential. We just got back from an economic kind of summit and heard of the hot -- hot markets for new trends over the next 20 years and these fit the bill and it's very exciting what's going on in our city limits and we've had a lot of fun discovering those -- those hidden assets in our city and seeing how we can be part of their success. Stiffler: Actually, interesting, most of you know who Rick Ritter is with Tech Health and with the state and the -- part of the incubator emerge -- out in Nampa. Josh has spent one day -- is it one day or -- De Weerd: One day a week. Stiffler: Yeah. One day a week. I met with -- and he's over there, because he wants to be in touch with all the businesses that are actually the little enterprises that are going in and out of there. So, with that, the one thing I would like to answer any questions, but also -- I also would like to give each of the Councilmen one of these. I think that you might find it very interesting -- De Weerd: You can't talk unless you're on the record. Oh, I need to use that one more often with you. Stiffler: Actually, the Department -- the Department of Commerce actually gave me -- have apart of another briefcase full, because this other conference that I mentioned that's coming up that I'm going to, I got a bunch of them to take with us now, plus it's kind of nice to have. You will find on here when you get a chance to look at it, you will find on here some interesting stories about PKG, about Vengaworks, and about companies -- like I said, it's kind of exciting. We also when we go to follow up with them you can say, hey, this story is in the hands of those people. De Weerd: I think before you hand them out you need to have little stickers made Stiffler: Okay. Meridian City Council April 28, 2009 Page 14 of 42 De Weerd: Put our sticker on the back. Stiffler: We didn't pay -- I want to tell you we leveraged it. We didn't pay for them, the state did. De Weerd: It's just a sticker. Stiffler: Okay. I'll get the sticker. I would tell you that one of the people came up to the booth -- one of the writers and he took one of these and all of a sudden he pulled it off and I noticed that Keith was saying -- he pulled it off and the guy starts going like this and I said, wait aminute -- as it happens, Julie Howard from the Department of Commerce had bought -- she had a box of Chapstick. So, the guy went like this and I said, no, and I reached in and gave him the Chapstick and he said you guys are prepared. So, with that I will answer any questions. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Phil, you have been to a couple conferences with national exposure. What's the sense of those national experts as it relates to small business success and the availability of finances for them to move on right now? And are you seeing the small business or any business -- any up tick in interest in the area and is the future looking a little less grim? Stiffler: The answer is, yes, I think it is looking less grim. I'd have to tell you that being at this one I just came from, I said to myself -- I was actually talking to Scott Perrin back on the plane -- when we were coming back on the plane, I said, you know, it's really too bad that some of the sessions they had planned were not more -- there was several sessions that we are talking about, you know, where is that next -- that next -- and I think a little bit with the Mayor went to over in Sun Valley -- where is that next industry, where is that next growth, where is that next thing going to happen. At this conference, because, like I said, the chairman of the SEC was there and everything, there was about half of the conference of the business session were very much about financial accountability, financial responsibility, what the SEC and the regulators were going to do about regulating that. On the flip side they had like three sessions that were more about business successes, the new business kind of era kind of thing . My sense of the groups that were there and the people that we pulled in, our discussion of actually -- and I'm not just saying ours -- the state of Wyoming was right next to us, too. It was very interesting, because how the people really even when we think about it -- I will say sometimes depending upon the news networks, it seemed that Fox news and the Wall Street Journal and Forbes and Fortune were a little more upbeat than maybe the Washington Post and some other newspapers as we do it. But I'd say right now the feedback that I'm getting is sort of like small business is alive and well. There is a Meridian City Council April 28, 2009 Page 15 of 42 concern still -- I'd say the bigger overriding concern is are the banks going to fund them. That's the one, you know, that just is -- just there. You know, it's -- it's kind of like that small business is going no matter if I'm doing really well, are they going to fund me. And I would share that I was sitting at a chamber luncheon here, the chamber economic development luncheon, and there was about 24 of us in the room and there have been all kinds of discussion going on and in the room out of 24 12 of them were bankers and one of our citizens here and one of our businesses stood up and said -- he said, you know what, we have been here for over an hour and a half and I heard Phil talk about this, and I have heard talk -- what I want to know are when are you guys going to start loaning some money so that we can go out and have our business, run our business, grow our business. So, I guess with that, Charlie, I'd say that the main -- the main issue to me is I think they are concerned about having the financial commitment and availability of the funds to make things work. But I would say their attitude and I think one of the things Ilike -- I think the attitude of our businesses in Meridian are a lot better than they are in a lot of other areas, but I think we all have a responsibility to continue to keep that attitude and that direction. De Weerd: You know, I guess, Mr. Rountree, I would also add one of our local businesses, a very small business in one of our industrial parks, called Ultra Clean, they have a monthly smoke out -- and it's not sitting around smoking, they smoke meat. But it is a networking phenomenon that you just have never seen. It always created of word of mouth. The social networking plays a large part of it, but he gets -- it's a free lunch and you say there is no free -- no such thing as free lunches. But this is a free lunch and it is a super networking opportunity. People come with fists full of business cards and Brandon Wright is the owner and he is Mr. Host and introducing this business to that business and it is truly the most amazing networking experience 1 have ever had. They have over 300 businesses there during the lunch hour and Brandon is on our planning committee for the Meridian Business Day and he has said that the benefits of -- of this monthly luncheon has impacted his and other businesses in a very positive way and they are just thrilled with the business helping business type of attitude in this community and certainly in the Boise Valley. So, it's hopeful. Rountree: Good. Hoaglun: Madam Mayor, just -- De Weerd: Mr. Hoaglun. Hoaglun: -- a comment. Just wanted to thank Phil for your work and a lot going on and that's exciting, because we are being proactive and I know for our scouts and other young people that are here tonight, you heard a report and it probably didn't make much sense or -- but you just had a glimpse of your future here in this community, because what we are doing is laying the groundwork for jobs as you enter the workforce to have a job and look at a career that you can do it here in Meridian, Idaho, in this valley and that's what's exciting, because, believe it or not, there was a time in this state when if you wanted a good job you were going to have to leave and we don't want that and the Meridian City Council April 28, 2009 Page 16 of 42 Mayor has a vision and the Council has a vision and people like Phil and many others are working hard to -- to make that a reality and, like I said, that may have been just a report and you probably didn't get much out of that, but that is laying the groundwork for you to stay here, live here, and have a great, great life in this community. So, thanks for your work on that, Phil. Appreciate it very much. De Weerd: Thank you, Mr. Hoaglun. Council, I also would invite you -- the senior management team has been working on raising the position accountability description, the pads to the next level to establish a better matrix and timelines. The economic excellence team has refined their pad and put in deadlines and measurable, so I would certainly get you a copy if you would like to see that and see how they are hitting the mark. Thank you, Phil. Stiffler: Thank you. Rountree: Thanks, Phil. C. Planning Department: 1. Update on High Priority Transportation Projects and Potential Partnerships: De Weerd: Okay. Item 6-C is our Planning Department. Caleb. Hood: Thank you, Madam Mayor, Members of the Council. I just wanted to take a few minutes to apprise you of what's been going on in my world the past couple of weeks. Before I go to that, many of you are probably aware that the surface transportation bill is set to expire this September and in Washington there is scuttlebutt that there is a new authorization bill that's in the works. There will probably be several renditions before the final version is drafted and acted on. But Overstar there in DC has sent out acall -- request for high priority projects and we scrambled over the past couple of weeks to identify projects and get the applications together. So, I just, again, wanted to give you an update, make sure I'm going down the right track, maybe get some further direction from the Council. So, last week applications were due to Congressman Simpson's office for these high priority projects. They also are called earmark projects in the highways and transit world. As part of the process for putting those together I worked closely with COMPASS staff, ACHD, ITD staff. The three highway projects that the COMPASS board and subsequently COMPASS's staff compiled and sent onto Simpson's office were an ITS request, which is intelligent transportation systems. So, signal timing and some high tech stuff along specified corridors, State Street, Highway 69 -- can't remember if Ten Mile is one, but there are three or four scientific corridors that were identified there. Their number two priority of COMPASS was Caldwell has an interchange 26 and, then, an ancillary road that ties into that that was also one of the top priorities of the board. And, then, the one that I want to highlight is Linder Road overpass. That moved up to the number three priority. After that action by the COMPASS board I was working with ACHD staff on compiling the application, kind of Meridian City Council April 28, 2009 Page 17 of 42 some back and forth extended the hand and said what can we do to help you out to make sure this goes forward and I think it really helped that we initiated that and we are willing to work with them. I think that partnership went a long ways to that moving up to the top of their list and, eventually, getting on COMPASS's list. But I do want to let you know that the way the application was submitted was a partnership similar to what happened at Locust Grove. So, if this gets picked up and Congressman Simpson picks up that application and it does make it into a bill and is appropriated, the feds will pick 80 percent of the tab. The other 20 percent is a local match portion and what we have worked out -- at least at this point is splitting that 20 percent ten and ten. So, City of Meridian would come up with ten percent and ACHD would come up with ten percent. That project is estimated as a ten million dollar project. That includes right of way acquisition, design, environmental, and construction, the whole deal from beginning to end. So, again, our portion at least today that I have somewhat committed to -- and that's why I'm bringing this up now is, again, to make sure I'm going down the right track and you're all on board with this. It is approximately a million dollars for that project. Back in -- I think the monies were allocated to ACHD in like 2003 or 2004, but the city ended up giving ACHD 1.8 million dollars towards the right of way at Locust Grove. I'm not trying to liken this to that, but it is similar in that it would be a partnership with -- with ACHD. They would be the lead designing this to federal standards. So, that's project number one. The other project that I want to highlight -- De Weerd: Caleb, I would also let you know that Congressman Minnick's office is also interested in getting the information. They will be working with the local jurisdictions and MPO's, TMA's on this particular transportation reallocation. So, we need to get that information to him. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And, Caleb, we committed up to 1.8. We did not use 1.8 on Locust Grove, we only used 1.1 million and it was for right of way. Get that straight. Hood: Thanks for the clarification. Are there any other questions on Linder Road or points on Linder Road before I go to the second project that I wanted to -- De Weerd: No. I'm sure Councilman Zaremba is jumping up and down. Hood: Don't jump up and down yet, it's just on an application list with other projects at this point, but -- Zaremba: I'm excited that it's being talked about in positive ways. Hood: So, the second -- the second project that I worked with ITD more on this application was for the Meridian Road interchange rebuild. That one carries a little bit heftier price tag at about 64.3 millions dollars is what they have estimated -- Meridian City Council April 28, 2009 Page 18 of 42 guesstimated, just based on what's happening with Vista and Ten Mile and kind of how those are penciling out. They see this to be a similar project. Not a lot of right of way costs and it can, essentially, be plopped down in the same footprint that the current interchange is. This one has -- I mentioned the ten percent of both the jurisdictions for Linder Road potentially. This one's a little bit more of a moving target. I have gotten some different answers from different folks at ITD about what a partnership should be on this project. It is right now an ITD project and we are offering support to them and we have done such by drafting a letter and submitting it to ITD. I haven't talked to find out if it was -- actually accompanied their application to Congressman Simpson's office, but we did fully support them in their support of funds to rebuild -- rebuild the Meridian Road interchange. They have alluded to, in various forms, maybe wanting to see some more, rather than just moral support or a written letter of support. Again, Idon't -- I don't know what that means. Of course, you know, money would be the first one that jumps out, but no one's able -- no one has said the city better come to the table with X amount of dollars or a certain percentage. I don't even know if that's where they are going necessarily. They have made comments that it sweetens the pot a little bit if we are willing to throw something in. So, at this point I'm not -- I don't want you to necessarily commit to anything, but I just want to let you know that that's hanging out there and as learn more and if they say, boy, if you don't come up with this amount of money, we are not going to do this or whatever -- I don't know what they are going to do. But Ihave -- I have tried to contact a couple of staff people at headquarters now. I was working with district three over the past week to get the applications compiled and get them some economic, environmental, connectivity type paragraphs that they can put into safety, that they can put into their application. So, it all moves very fast and that's why I'm just giving you kind of a download of what occurred, see if I can do something different, if you're okay with the direction this is heading, and, then, again, just let you know that I will be back before you if I do hear anything from ITD on wanting a firm commitment on anything regarding the Meridian Road interchange. So, with -- De Weerd: Caleb, is -- would the work that's being done in the phase one of the split corridor or even the intersection improvements and the signalization that has happened over the last several years, would that be seen as a credit because, because those are recent or current improvements that are being made on the local system that would not have to be made as part of this? I don't know if that's a stretch or not. I do know that talked to a couple of folks during this conference and it looked like, you know, any small way we could help assist and I do think with the local improvements that have been done that lessens the overall impact, as well as in making sure it lands into a system that will accommodate those changes. So, if you can see if any of that qualifies I'm sure they are looking for future not current or past, but whatever it looks like on paper is what counts. Mr. Rountree, do you know if that would be considered an offset? Rountree: Madam Mayor, I don't know that it would be considered an offset, but I think it would certainly be good to give them that information that -- within ITD's right of way, that the locals have made a significant improvement with the local street network and the connection with the interstate interchange, which would have been done with an interchange rebuild in the future. So, at least that portion that would have been Meridian City Council April 28, 2009 Page 19 of 42 wrapped up in that interchange project will be done. And let's hope that they were coordinated somewhat from concept to construction. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add that not only the split corridor phase one, but we very recently did a major rebuilding of the south side down to Overland and that was designed with the improvement of the interchange in mind as well. So, if -- if there is any horsepower being given to remind them about the split corridor phase one, we should also remind them the preparation that went into the south side. We are working on it. De Weerd: You know, I guess, too, any -- I don't know if they need safety numbers. I know we have come up with regurgitating their numbers back at them on the deficiencies of the overpass and the design with the amount of traffic that it carries, but if there is any traffic or traffic accident statistics that we can offer -- this is such a safety issue on that interchange that we will continue to hold that mirror in front of them. Hood: Madam Mayor, Members of the Council, I will follow up with the police department. I know for Eagle Road when you were trying to gather some of that information they had some great incident data that seemed to carry some weight when we were -- we brought that forward. So, I will see what they can come up with for the interchange, too. De Weerd: Okay. Hood: That's all I had, unless there is -- I'm hearing anyone jumping up and down saying don't partner with anybody or -- again, it's not a full commitment right now, but it's where this thing is heading, so -- De Weerd: I guess, Caleb, did you want to talk about Eagle Road? It's -- it's technically not the City of Meridian's application, but I did see in a recent a-mail from you that Congressman Simpson's office said they can't accept it unless it's from ITD or a city or county. Hood: Madam Mayor, Members of the Council, that's, essentially what the a-mail from Missy Small, Congress Simpson's assistant, sent back to Center Cal. Center Cal applied to -- for the same -- same dollars, high priority projects, and there was some question about who the funds would go to if it did get picked up and the answer to that is ITD, being it's ITD's roadway. There is nothing in the application itself that says you have to be a government .entity, it says you have to have a supported letter from a government entity, basically, willing to be a partner for you and vouch for you, essentially. It doesn't say that you can't be a private company applying for -- to do this public improvement and do apublic-private partnership. So, I'm not quite sure where -- how that's being interpreted at this point, if it's something they just want to steer it Meridian City Council April 28, 2009 Page 20 of 42 towards government agencies. It's not a requirement that I see of any of these projects. It may be just something internally that they want to do, so -- so, jumping back, I did help Center Cal put together an application for Eagle Road construction from I-84 to Ustick Road doing that -- the widening, medians, landscaping, pedestrian facilities, and we did a support letter for that application and they filled out a cover letter, basically, requesting the earmark funds for that project. I don't know where -- so, some of the back -- and I don't want to get into all this, but, again, our MPO COMPASS has three projects and three projects only to show a unified front that these are the most important projects in our region and they asked us all to play nice in the sand box I think was some of the discussion, but -- so, we didn't lead this, but we kind of steered Center Cal into applying for it if they wanted to invest some time in it and they have. The question, then, would be if it is -- if, in fact, that is how Congressman Simpson's office is going to apply, do we want to scratch out Center Cal's name and put our name as the applicant. My personal opinion is we probably shouldn't do that, but there is a question out there. So, we can talk more about that if you'd like, but that's -- that's where that's at. I would like to see how it plays out a little bit further with them. We could fall back there if we need to, but I don't think it's -- to me it shouldn't be a deal breaker that it's a private company. If they have the money to put up, their money's as good as anybody else's, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Caleb, did ITD support that application? Hood: Yes and no. The first time I asked Dave Jones he did -- did support that and said he would like to see it built. The second a-mail said with us being part of the MPO we can't technically support the project, because we have agreed to only work on projects that the MPO has said should be out of district three. So, the most recent is no. If they get thrown 80 percent of a 30 million dollar project, I think they will probably work on it, but their answer right now is no. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Question for Caleb, but I might need an assist from Councilman Rountree on this, but I recall reading somewhere that they are able to tap into the sales tax -- if they fund part of the roadway projects, that they will be repaid -- and I cannot remember the name of that -- De Weerd: Stars. Hoaglun: Stars. Thank you. Is that still on the table as far as you're aware? Meridian City Council April 28, 2009 Page 21 of 42 De Weerd: I guess I will -- I'll answer that one. It is to a degree. What the city has been working on is to see -- the Eagle Road improvement was number two on the stimulus request from the MPO and so we were kind of hopeful that we would see it on these appropriations or the HPP. We would like to see if we can take it off of their business pro forma, so we can see the project actually progress. It is -- I heard 30 million dollars. It was 15 million dollars when we first started working on modifying the Star legislation, so that there were some better consistencies in that piece of legislation and it did pass and it was signed into law by Governor Otter this session. They will still explore using Star reimbursement if that is the only option, but we are working with them to see if there are other ways of funding it, other than -- and even their match part, because there is a 20 percent match, they would cover that and hope to use the Star legislation for that reimbursement for the 20 percent. If we are not successful in the HPP, we are looking at EDA opportunities with the stimulus funding as well. Hoaglun: Okay. Thank you. De Weerd: And I would like to thank Caleb for all of his efforts. He has taken look under every rock to another level. So. Thank you. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Before we move on, this -- I have a transportation subject that's not necessarily one of the high priority ones, but at the conference over the weekend I had the opportunity at one point to be sitting with Boise Council Member Mary Ann Jordan and we were lamenting budgets for next year and I expressed my lament that we didn't think Meridian was going to be able to find a way to participate in 2010 on the new bus route that they were suggesting. One of Congressman Walt Minnick's staff was sitting right next to us and he said, well, if you're talking about a new bus route that doesn't exist, I think there is a grant available for that that would cover a couple of years and he fired off an a-mail back to Washington DC immediately and he and Mary Ann got up and went over and talked to Kelly Fairless of Valley Regional Transit and I just wanted to report that -- that I don't know how far that's going to go, but it sounds like it would cover both operations and capital as a start-up grant for Meridian's portion for two years and maybe even some of Boise's portion and I just want to let you know that that may not be a dead issue, that we may be able to have a new bus route like that. De Weerd: Thank you. Hood: Madam Mayor and Councilman Zaremba, will you keep me in the loop on that, please, and maybe I can take that torch and run with it and I'm sure you want to be involved to some extent. Zaremba: I, actually, was hoping to turn it over to you. Meridian City Council April 28, 2009 Page 22 of 42 Hood: Okay. Yeah. Any information you have on that front if you wouldn't mind forwarding the a-mail or contact information, whatever, 1 would appreciate it. Zaremba: Okay. Thanks. De Weerd: It would be John Foster in Congressman Minnick's office. Zaremba: Yes. That's who it was. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items pulled from the Consent Agenda under Item 7. Item 8: Request for Waiver of Fees of Extension Fees for The Hub by Mike McCabe with LightYear Development: De Weerd: So, we will move to Item No. 8, which is a request for a waiver of fees and I guess, Bruce, you can introduce this item. Freckleton: Certainly. Mr. President, Madam Mayor, Members of the Council, I believe you have in your packet the letter from Mike McCabe, the developer of the HUB project. He's here tonight. I think he would like to make his presentation to you and we can have discussion when he's complete, if that's all right. De Weerd: Okay. Mike. If you will, please, state your name and address for the record. McCabe: Madam Mayor, Members of the Council, Mike McCabe, LightYear Development. 372 South Eagle Road, Suite No. 378, Eagle. De Weerd: Thank you. McCabe: The trick here? You may have seen the letter I submitted. What I'm here for tonight is -- as you may or may not recall, we have been working with MDC on the HUB project for some time and we got our construction plans all approved and submitted back in July of 2008 to the City of Meridian and those plans have been approved for some time and in dealing with ACHD, our hold up is really boiled down to two things now. One is the development and disposition agreement with MDC and our approval with ACHD and ACRD in dealing with them has kind of tied our HUB project to the 2nd Street one way corridor project and we still as we sit here today do not have ACHD's approval, so, therefore, I cannot pull my building permit. So, what I'm here to ask and understandably so, the Building Department has policies and those policies are you pay 500 dollars to extend the permit process for six months. What I'm here to ask you tonight to extend it for one year and ask for your request to waive those fees. It's my understanding we have fees from Building of 500 dollars and Planning and Zoning of the 187 and 173 dollars. I can list some bullet point -- excuse me -- I can list some Meridian City Council April 28, 2009 Page 23 of 42 bullet point issues related to this or I can stand for questions, whatever Council feels is appropriate. De Weerd: Council, questions? Rountree: I have none. De Weerd: Okay. We have no questions. McCabe: Okay. Thank you very much. De Weerd: We understand your delay and I image, Bruce, you have no comment? Freckleton: Actually, Madam Mayor, I do have some comments. De Weerd: Oh. Thank you. Freckleton: You know, I really appreciate Mike developing in downtown Meridian. He's made a -- made a big commitment down there and to our redevelopment efforts. I just wanted to give you a little bit of a background on the extension process and as Mike mentioned, we did do a plan review of his plans. It's ran completely through our process. We have expended, you know, considerable amount of staff time and our contract inspection team has also -- Daunt has expended funds to complete the commercial plan review. So, we have -- we have spent some dollars on this. The 500 dollar fee to extend the application basically covers the employees' time to track and keep current the application. Most importantly what it does is it helps lock in the codes that his plans were reviewed under. Although I don't anticipate that we are going to have any code adoptions in this next year that would affect his plans, by paying the fee he does lock in the current codes. Mike and I have discussed a little bit some options to getting him to move forward. One of those suggestions that I had was to talk with ACHD and try and get them to consent to us going ahead and issuing the permits and, then, them working out the details with 2nd Street and their right of way improvements and prior to occupancy, then, we would collect their impact fees. Maybe Mike could speak to his discussions with ACHD and if he's gotten anywhere with that. I'm -- if not, if he hasn't gotten anywhere with that, I certainly would be willing to advocate on his behalf, if we can. I'd like to -- I'd like to get Mike moving forward if at all possible. The other option is to -- if he let the permits expire -- or the applications expire he has with us and, then, re-apply once he has ACHD's approval and that sort of thing. Basically, his application fee would be 500 dollars then. So, we are looking at 500 now or 500 then. That's, basically, my comments. Maybe if Mike could maybe speak to his discussions with them regarding them getting to -- you know, consenting to issuing the permits. McCabe: Madam Mayor, Members of the Council, I have had some discussions with ACHD and that's kind of where the road block has -- we have encountered. We have met with ACHD on seven different occasions since May of '08 and we have had five Meridian City Council April 28, 2009 Page 24 of 42 different plan submittals since October of '08 and even to this day we still don't have a commitment from them on our fee structure. We did ask about getting the final fee -- impact fees for our project so we could look at either -- as Bruce said waive them until we actually start construction, so we can pull your permit -- but I do need one clarification in my conversation with Daunt. Planning and Zoning's fee extends for a year. Building only extends it for six months and part of what I'm here to ask for is an extension for a year, because with the way ACHD is going I did get the DDA from MDC two days ago, so we are working through that. I expect that to take a little bit more time to get resolved, but we are -- we are making progress. We are still excited about the project and we are excited about downtown Meridian and with that I'll stand for any other questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: For either Mike or Bruce. When do the permits expire? McCabe: I think very soon. Like -- Rountree: Yesterday? McCabe: Yeah. Could be. Now. Freckleton: Councilman Rountree, we haven't actually issued permits yet. These are the applications. Per contract with ACHD -- per the agreement that we have with ACRD we can't issue the permits until ACRD has satisfied their process and so that's why we have the snag. Rountree: At what point could you not issue the permit based on work already accomplished? Freckleton: I'm sorry, Ididn't -- Rountree: What's the drop dead date where you couldn't issue a permit? Freckleton: Councilman Rountree, I'm sorry, I don't have that date with me. I think Mike is correct, though. I think that from the date of his application I think he's getting -- he's probably about there as far as the six months for expiration of the application. Hood: Madam Mayor? De Weerd: Who is talking? Oh. It was like -- it's not God, but -- Meridian City Council April 28, 2009 Page 25 of 42 Hood: Sometimes I think so. No. Councilman Rountree, I maybe can help in this, too, because the Planning Department issued our approval in July and typically after that approval is issued, then, a builder would go to building services and try to pull building permits. So, you're talking July -- they are pretty ready to go, so I'm thinking probably July. It may have been into August, but we issued our permits in July and they would expire this July. Hoaglun: And, Madam Mayor, by the letter I see you're asking that they be extended to a waiver of the fees through May of 2010, so -- Freckleton: That's correct. Hoaglun: So, a little over a year. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: What is it that ACRD is asking to you do that -- why aren't they being able to resolve this? McCabe: That's not a short answer. We -- our initial application we had asked for the HUB to be a separate plan check submittal and in the process it's kind of been tied in with the 2nd Street one way corridor and it's tied in with the license agreement. As you know, the HUB -- we have asked for outdoor cafe seating, which is technically in ACRD right of way. So, want the licensing agreement issue resolved before our permits can be issued, which is technically an MDC issue, not a HUB issue. So, we are all in this partnership together and we are working together to get it done, but it's just not a simple process. Zaremba: Is there anything they are asking that would involve you having to redesign the building or move a wall or anything like that? McCabe: No. Zaremba: Okay. McCabe: Not that I'm aware of. One of the technicalities we are dealing with on 2nd Street and the HUB project is as you come around Broadway into 2nd Street, the design elevation -- because we are making 2nd Street not as wide and widening the sidewalks that change elevation of the curb and gutter, which ties all those designs together. So, on that front I understand their position, but we have addressed that in the plans and we just don't quite have answers yet, if that makes sense. Bird: Madam Mayor? Meridian City Council April 28, 2009 Page 26 of 42 De Weerd: Mr. Bird. Bird: Mike, if ACHD was to give the approval within a week or so, you would be ready, then, to pick up the permits and everything and get going? McCabe: No. Bird: In your estimation how long would it be before you would be ready to -- with this economy ready to break ground? McCabe: It's not -- excuse me. It's not just the economy and the leasing and -- we do have a term letter from a lender that we are satisfied with. It does have a 50 percent pre-lease requirement and we are at 25 percent as we stand here today. The other issue that comes into play is the DDA and that has to get done and there is a process for that and that's probably about 60 to 90 days out with the process involved. So, best case scenario we could start this fall. If I can't get started by September 1, I probably would hold until spring, so we don't incur winter construction costs. With the present economy we don't -- we just can't afford to spend more money on the project than we already have allocated. So, that's why I'm asking for the extension this spring, because, honestly, the reality -- I'm forever the optimist and would like to start this year, but the reality is I think it's going to be spring of 2010. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Same question to Bruce. Could the building permit be issued in a week? Freckleton: Councilman Rountree, we could issue the permit tomorrow. It's literally sitting there waiting for ACHD's confirmation. Rountree: That's the only piece you need? Freckleton: I'm sorry? Rountree: That's the only piece you need? Freckleton: Yes. Rountree: Okay. Thank you. De Weerd: Thank you, Mike. McCabe: Thank you. De Weerd: Okay. Council? Meridian City Council April 28, 2009 Page 27 of 42 Rountree: Madam Mayor, just for discussion and maybe some directions from our legal counsel, but in my opinion, given the recent news about how well we are thought of by ACHD, I would certainly move, if it was in order and something we could do, to direct the Building Department to issue the building permit and let the ACHD issue resolve itself as it resolves itself. They certainly have had sufficient time to do deal with it. Nary: Madam Mayor, Members of the Council, Council Member Rountree, Iguess -- I'm trying to recall, Bruce, when you were talking about that -- the agreement that we have with them, is that a written agreement or is that just an understanding? Because I can't recall. Freckleton: Mr. Nary, it was -- it was an actual written agreement that was executed in '92. I think there was an amendment done '94, a couple years later. But it is -- it is a written agreement. So, without reviewing the agreement Council Member Rountree, can't advise you to simply ignore it, if we have an understanding and an agreement with the highway district, at least without doing a little more research. Certainly is a shot across the bow, but I'm not sure that that's something we can do without me looking at the -- De Weerd: Mr. Nary, I -- we did forward that agreement to you for your review, what, about two or three weeks ago. Iguess we can -- Nary: I don't recall that. I'm sorry. De Weerd: Okay. If you can resend that, Bruce, it would be good. We would like to see if, indeed, as Councilman Rountree has suggested, we have had -- over the last several weeks a handful of examples where building permits have been held up for ACHD approval, especially in TI and tenant improvements. City of Boise is doing some different things and have seemed to been able to avoid the bottleneck, so we would like to see what we can do. Mr. McCabe, did you have a comment? McCabe: Yes. Madam Mayor and Members of the Council, Imay -- Bruce, you could help me clarify. I think, if I'm hearing you right, say we pulled the permit tomorrow and I'm unable to start until spring of 2010, if I have no activity on that building permit for six months, aren't we back to the same problem we are at today? Wouldn't it expire in six months after you pull it? Freckleton: It does. McCabe: That doesn't a hundred percent solve my problem. Rountree: So, what you're telling me is there is more to your problem than ACHD. McCabe: Yes. City of Meridian building permit would expire in six months. You're correct. Meridian City Council April 28, 2009 Page 28 of 42 Rountree: All right. McCabe: Yes. Hoaglun: Madam Mayor, a question for Bruce, then. If he comes back in six months on a building permit and activity hasn't started and requests an extension, what -- is that 500 dollars again? Freckleton: Yes. Hoaglun: Is that what you said earlier? Freckleton: Yeah. It is. It's a pretty automatic thing. I mean there is no reason we wouldn't extend it. But there is a re-application fee. De Weerd: Any further questions? Bird: I have none. Rountree: I have none. I think I have heard the whole story. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just to express an opinion, I agree with Councilman Rountree it would be nice if we could just go ahead and issue the permit and get it started. I'm thrilled that you're looking at doing this project in our downtown area and whatever we can do to make it smoother is best and I guess it sounds like what you're actually applying for, which is an extension with a waiver of the fees, is probably as close as we can get to helping right now. It sounds like most of the other things we could do aren't going to work, so that's one person's opinion. I'd be in favor of approving the request. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With the whole story out here, I guess I'm hesitant to approve the request for a waiver. It sounds like the project's not ready -- won't be ready for multiple reasons, not just ACHD's lack of action. I think it would establish a precedent, you know, we would not see the end of. Don't forget that our Building Department and our Planning Department rely on fees to operate and in these times it's tough for them and we are looking at some possible tough decisions both places. So, I wouldn't be in favor of waiving the fees for the extension. Meridian City Council April 28, 2009 Page 29 of 42 Hoaglun: Madam Mayor, I guess I have a question for Mike to -- if building permits are issued now, that gives you six months and even if no activity takes place and you have to come in in six months, is that a better option to have that because economic conditions might change in six months? I guess I'm asking you to look in your crystal ball to see if that's -- if that's a better time, then, to have to pay fees. I don't know. McCabe: Not sure I could answer the question today. I think a lot of it depends on how this plays out with ACHD. We have a neighborhood meeting here tomorrow about the 2nd Street corridor and, you know, all that could again continue to be a slow down in the process and I just don't know yet. De Weerd: So, that might be the option is issue the building permit and revisit this in six months if need be. Hoaglun: That's my thought on this, Madam Mayor. Rountree: I'm comfortable with that. That's -- and maybe the motion would also include that we explore the Building Department and legal counsel explore the agreement with ACHD and see if we can't get that streamlined, so we get the problem resolved, as well as Mike's issue. Hoaglun: Question for, Mayor, legal counsel. Do we need a motion to issue the building permits or is that something that just -- it's in the process now ready to go. Well, they do not have ACHD's, that's the one piece missing, so we would have to make a motion to issue the building permits without that ACRD information component? Freckleton: Yes. Hoaglun: Thank you. De Weerd: Okay. Anything further from Council? Rountree: I have nothing. De Weerd: Do I have a motion for direction? Rountree: Madam Mayor, I move that we direct the Building Department, upon receipt of all the information, with the exception of ACHD's approval, to issue a building permit to the applicant and that the issue of extension of fees, if needed, be brought back in six months. Also directing staff to work with ACHD to resolve the apparent issues with the agreement we have with them. It seems if it's some 15, 16, 17 years old, it's time for a re-look. Hoaglun: I'll second that. Meridian City Council April 28, 2009 Page 30 of 42 De Weerd: Okay. I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. Thanks. MOTION CARRIED: ALL AYES. McCabe: Thank you very much. Item 9: Tabled from March 24, 2009: FP 08-018 Request for Final Plat approval for 5 commercial building lots and 2 common lots on 19.18 acres in a C-G zoning district for Pinebridge Subdivision No. 1 by Stanley Consultants, Inc. - 1830 East Pine Avenue: De Weerd: Okay. Item 9 was requested to withdraw. I do need a motion to accept the withdrawal of this item. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we accept the applicant's withdrawal of FP 08-018. Rountree: Second. De Weerd: I have a motion and a second to accept the withdrawal of this application. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Continued Public Hearing from April 14, 2009: TE 09-012 Request for approval of an 18 month Time Extension to obtain the City Engineer's signature on the Final Plat for the second phase of Zebulon Heights Subdivision No. 2 by Engineering Solutions, LLP -south side of East McMillan Road, west of North Eagle Road: De Weerd: Okay. Item 10 is a continued public hearing from April 14th on TE 09-012. will ask for staff comments at this time. Wafters: Madam Mayor, Members of the Council, the next application before you is a request for an 18 month time extension to obtain the city engineer's signature on the final plat for the second phase of the Zebulon Heights Subdivision No. 2 preliminary plat. The subject property is located on the south side of East McMillan Road, west of North Eagle Road, as you can see there on the vicinity map. This property was Meridian City Council April 28, 2009 Page 31 of 42 annexed and preliminary platted and a planned development was approved in 2005 under the old city code. The first phase of the preliminary plat has been recorded. The second phase has not yet been submitted. The applicant has delayed the design of the second phase due to the current economic slow down. For this reason the applicant is unable to meet the UDC time requirements. Written letter of testimony was received from the applicant in response to the staff report. Outstanding issues for the Council -- because of the preliminary plat for this development was approved in 2005 under the old code, the applicant does not feel the current open space requirements of ten percent versus five percent of the site should be imposed. Staff is recommending approval of the project with the condition that the applicant comply with current UDC open space requirements for the remainder of the subdivision and that's based on Council direction in the past on these time extensions. Staff will stand for any questions the Council may have at this time. De Weerd: Okay. Council any questions? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Isn't 18 months an atypical time? It's usually a year? Wafters: Excuse me, Councilman Rountree? Rountree: Extension -- time extension has typically been a year or is 18 months common? Wafters: Eighteen months is what the UDC allows for. Rountree: Okay. And is this the first extension request? Wafters: Just one second. I believe they received an administrative time extension on the -- yes, they did. That was for the first -- to record the first final plat and they have done that. So, this next extension is required to go before the Council. Rountree: Okay. Thank you. De Weerd: Okay. Any other questions? Would the applicant like to make comment? I think last time we were here my back was bad and now I have a cold. I'm not always sick. McKay: Okay. For the record. De Weerd: For the record. If you will, please, state your name and address. Meridian City Council April 28, 2009 Page 32 of 42 McKay: Becky McKay. Engineering Solutions, 1029 North Rosario, Meridian. I'm representing the applicant with this time extension application. I will be brief, because I know you guys are running later than you should be usually with so few items. Rountree: Oh, this is early. De Weerd: Yeah. McKay: To answer Councilman Rountree's question, we did submit for an administrative time extension on this particular project. The reason that time extension was submitted was our project was approved in April of 2005 and our project was contingent on getting to the Meridian sewer trunk line, which was in the middle of Settlers Bridge Subdivision and one of our conditions by the Council was that we would sit patiently and wait for that sewer trunk to come to us and we did finally work out an easement with Mr. Yorgason and some type of fiscal arrangement and we did get access to the sewer. But that was the reason that the first time extension was necessary. We built phrase -- the first phrase of this project was done in Boise city, because my client's property split by the Meridian and Boise city area of city impact, so phase one was Boise city, phrase two was a preliminary plat that Meridian approved and we did build our phase two I think two years ago and right now they are slowly going through the lots. These are large lots. They average I think 10,000, 11,000 square feet and so they are moving through them as quickly as possible based on the current market conditions. When we submitted this time extension we also submitted calculations on our open space. I gave a detailed letter delineating all of our open space categories and so forth. One of the things I'd like to address with the Council is the imposition on projects of this ten percent requirement. When these projects were approved four years ago they were approved under the old ordinance, they were approved with a different definition of what constitutes open space and now as we come in for time extensions we are being told that based on the direction of the Council, that anything that -- regardless of what they are, are imposed on these projects that can be four years old and we have built phases of them. We have some phases on other projects that are already designed. I'd like to make the Council understand that the impact on these projects is significant. Now, obviously, with this particular project we are fortunate that we can meet that ten percent requirement, but I still think it's on the principle of the thing, the reasonable application of these new standards I think should be the goal, not the blind application of these standards. Our industry -- the development industry, the building industry, we have been battered, we have been bruised, we are doing everything we can to keep these projects alive, to make sure that these projects are in good condition and maintained in the phases that we have already constructed and I guess what I ask the Council is to just think about the impact when -- when you impose new standards. To me that makes the entitlement process almost worthless, because you're not entitled to anything, because some of the impacts on projects are significant -- significant that I talked to some of the other planners, they have just allowed the projects to die based on their client's decision that Ican't -- I can't lose lots or I can't add additional open space, I'm already into this so deep, et cetera, et cetera. So, I would ask the Council to think about the application of these and I think Meridian City Council April 28, 2009 Page 33 of 42 they should look at each individual case and see how projects are impacted. I guess I'd like the Council to have a little compassion in these troubling times that none of us have faced -- at least I haven't in my lifetime. Do you have any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Before I have any questions I'd like to make a comment or two. We, too, are battered and abused, as is our staff. We as a Council made the conscious decision that staff would not be making these decisions and per your comment that we have compassion, we can only have compassion if they are brought before us. The people who choose to hear what staff says and fold up their tent, that's their choice. They have not brought them to Council. I think we do have compassion. So, I appreciate your enthusiasm and your comments, but this is one councilman that does not appreciate them particularly. You made a comment that you could provide the ten percent. Do you have any illustration that shows what is already included per the old ordinance requirements and what the difference might be? McKay: Madam Mayor, Council Member Rountree, we submitted a drawing where we color coded our open space. We had our site data all categorized and laid out for the staff to try to make -- Rountree: So, the question was to staff -- McKay: -- try to make it as easy as possible to try to -- you know, for them to make those comparisons. And I guess I want to go on the record -- you know, I'm not trying to be argumentative, I'm not taking punches at the staff, I'm just asking that -- that they look at these projects individually. And you're absolutely right, the projects where they just folded up their ten and haven't came before the Council and made their argument or their plea, you're absolutely right. But I just want -- I want the Council to be aware that this is happening, because I care about what's going on out in that industry. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do appreciate your comments, but the reason that that is in the ordinance -- well, let me start back a little farther. You wouldn't run into that if you weren't needing a time extension, you would be able to build the project on time with the original rules. What was considered when the new ordinance was being written about time extensions -- what began it, of course, is what if there is a change in the safety issues, if the fire code is changed or the police have discovered some new thing that they need to -- we definitely need to get those in. If a project goes on and on and isn't completed, we do Meridian City Council April 28, 2009 Page 34 of 42 need to have the new safety things. We also did apply that to things like open space and landscaping and street structures and everything else and I think it's right that we be open minded to consider each one individually, but the reason for that being in there in the first place is if you did it in your original time frame none of this would happen and possibly codes have changed. So, we do need to have the ability to require the new codes to be enforced. On a thing like open space I'm willing to consider that. McKay: And, Madam Mayor, Councilman Zaremba, as far as safety standards and things like that, I absolutely agree one hundred percent. It's things that significantly impact the project and in some cases the viability of the project that I'm concerned about. Hoaglun: Madam Mayor, question for Becky. I think I read -- I'm reading here that you originally -- the open space you originally provided was exceeding the five percent -- McKay: Yes. Hoaglun: -- it was around 8.37 percent. So, in your particular project you can make that ten percent work, it's just someone else coming along later may have met the five percent and we as a Council know firsthand what's happened to the price of land. They may not in their situation, is what -- the point you're trying to get across and what I understand. McKay: Yes, sir. Yes, sir. In this instance, like I said, we are fortunate that we had access to open space, you know, we meet the amenity requirements, but Ijust -- I'm getting concerned about, you know, some of these other projects and -- and I just wanted, you know, Council to be aware of what's going on, that projects are being abandoned because of the imposition of some of these standards. Hoaglun: Point taken. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If I could get Sonya to stabilize the view finder up there so we can see what -- Wafters: It's not cooperating with me. Rountree: -- Becky submitted an explanation of it. Wafters: These are -- this is the current layout that they are proposing with the open space that meets the current code requirements. This other one I am having a hard time getting up. It's coming up in a different format for some reason. So, I can show them one at a time if you would like. This is the current -- Meridian City Council April 28, 2009 Page 35 of 42 Rountree: Well, bouncing back and forth doesn't help me a lot, so give me one at a time and explain it. Watters: So, this is what's currently proposed and this is what was approved with the preliminary plat. Rountree: What are the designators? The print is too small to read. Watters: I'll have Becky respond to that. McKay: As far as the color coding, is that -- Rountree: Yes. McKay: The different categories? We have like the open space lots which you see in green. Micro paths that interconnect the multi-use pathway along the Settlers Canal there. We also have the -- I think the multi-use pathway is in blue. That's adjacent to the canal. And, then, we also have some street collector buffers that we delineated. And, then, all of our -- for a majority of our sidewalks are detached walks, so we also have the eight foot landscaping along the local streets. So, we far exceed the ten percent requirement. Hoaglun: Question for Becky. Is that setback on the sidewalk, is that on all streets or just the main -- some of the main streets? McKay: As far as the eight foot landscape? Hoaglun: Right. McKay: The eight foot landscape is on all the local streets. So, from -- from the back of curb to face of walk you have got that nice eight foot parkway through there. Gives it a soft look. Rountree: Now that was in the original proposal? McKay: The original proposal we had attached walks. That was added before the design of the first phase. So, we increased our open space between what we showed on the preliminary. De Weerd: Okay. Any other questions from Council? Hoaglun: A quick question for Becky and it's kind of unrelated to this, but if you were coming in with a new project, is that ten percent a good thing? Does it enhance projects from your perspective? Meridian City Council April 28, 2009 Page 36 of 42 McKay: The ten percent in the larger projects I am very supportive. Some of the smaller projects we do struggle to get that -- you know, make that ten percent work and not all areas are eligible to be counted as your usable open space due to storm drainage facilities or just configuration of that open space. Ten -- I wouldn't go any higher than ten I guess. Hoaglun: I'm putting you on the spot, but I just wanted you to comment. McKay: But, yeah, I mean is that a good thing? Hoaglun: I mean you have done a lot of projects and -- McKay: I think -- I think ten -- ten is reasonable for these new projects. It's the older ones that we are struggling on. Hoaglun: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Is the detached sidewalk compassionate enough for you? McKay: Pardon? Rountree: Just requiring the detached sidewalks, is that compassionate enough for you? McKay: Requiring them? Rountree: Yeah. As you submitted in -- McKay: I have one -- one area I can't do detached walks when I got to cross the -- Rountree: As you have submitted it. McKay: Okay. Yes. Rountree: Okay. McKay: As submitted. Rountree: Thank you. De Weerd: He just wants to feel compassionate tonight. Meridian City Council April 28, 2009 Page 37 of 42 McKay: Oh. Bird: Madam Mayor? De Weerd: Any other questions? Yes, Mr. Bird. Bird: In Becky's defense, in answer to Councilman Hoaglun, I think you will find that the projects Becky's brought through she has more than tried to get open space, regardless of the size of it, and I think if we look back 90, 95 percent of her plans exceed our open space requirements. So, she has -- and she's always tried to help us get extras out of her clients, so -- and I have appreciated that. McKay: Thank you. Hoaglun: Yes. Madam Mayor and Councilman Bird, I'm well aware of her projects and they do incorporate -- in fact, live in the middle of one and -- McKay: Oh, good. I like to hear that. Hoaglun: -- and that's why I was interested in her opinion on that, how that -- how that works, because it is an amenity, but how far do we go with that and how does it impact the smaller projects. Appreciate your perspective on that. McKay: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Hearing none, Council, any further questions for the applicant or staff? Okay. I would accept a motion to close this public hearing. Bird: So moved. Rountree: Second. De Weerd: Okay. I have a motion and second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion on this Item No. 10? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council April 28, 2009 Page 38 of 42 Rountree: I move that we approve the time requested for Item No. 10 -- time extension request for Item No. 10 and that the applicant incorporate into final plat the detached sidewalks as they have illustrated in their submittal to the City of Meridian. Bird: Second. De Weerd: I have a motion and second to approve Item 10. Any discussion? Rountree: Madam Mayor, maybe for clarification that that doesn't include additional open space, just the detached sidewalk. Bird: That's right. Second agrees. De Weerd: Okay. As depicted in the -- in the submittal in front of you. Correct? Rountree: Yes. De Weerd: Because there is extra green along the canal as well, so -- Wafters: Just for clarification -- excuse me, Madam Mayor. Councilman Rountree, your motion is to approve the site plan on the right-hand side. In addition you want the detached sidewalks provided; is that correct? I believe Becky's showing additional open space on plan on the left and you're approving this without that additional open space; is that correct? Rountree: Correct. Wafters: Okay. Thank you. De Weerd: Okay. Any further discussion? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Continued Public Hearing from April 14, 2009: AZ 08-015 Request for Annexation and Zoning consisting of 15.05 acres from Ada County RUT to C-G (General Retail and Service Commercial) and I-L (Light Industrial) zones for Fi nut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 12: Continued Public Hearing from April 14, 2009: RZ 08-009 Request for Rezone of 1.69 acres from C-G (General Retail and Service Commercial) Meridian City Council April 28, 2009 Page 39 of 42 to I-L (Light Industrial) zone for Fignut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: Item 13: Continued Public Hearing from April 14, 2009: PP 08-012 Request for Preliminary Plat approval consisting of 6non-residential building lots and 1 other lot in a proposed C-G and I-L zoning districts for Fignut by Ronald Van Auker -west side of South Locust Grove, north of East Overland Road and south of I-84: De Weerd: Item 11, 12 and 13 have been requested to continue. We have in the agenda that we set, we set the date as May 26th, as the 19th is a workshop. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we continue Items 11, 12 and 13 to our regularly scheduled meeting of May 26th. Rountree: Second. De Weerd: I have a motion and a second to continue 11, 12 and 13 to May 26th, 2009. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 14: Ordinance No. 09-1400 RZ 08-004 Request for Rezone of 93.64 acres from L-O (Limited Office) and R-4 (Medium Low-Density Residential) to C-G (General Retail and Service Commercial) (25.10 acres), L-O (Limited Office) (10.70 acres), C-C (Community Business) (37.84 acres) and R-15 (Medium-High Density Residential) (20 acres) zones for Volterra Mixed Use by Primeland Development Company, LLP -west of North Ten Mile Road and north of West McMillan Road: Item 15: Ordinance No. 09-1401 AZ 08-012 Request for Annexation and Zoning of 5.03 acres of land from RUT in Ada County to an R-4 zone for Shavs Cove by Landmark Engineering & Planning, Inc. - 3155 South Mesa Way: Item 16: Ordinance No. 09-1404 Reimbursement Code (2"d and 3ra Reading): De Weerd: Item 14 is ordinance 09-1400 and Item 15 is -- do you want to do these separate? And Item 15 is 09-1401. I will ask -- and 16, 09-1404. I will ask the City Clerk to, please, read these by title only. Meridian City Council April 28, 2009 Page 40 of 42 Holman: Madam Mayor, my mistake on the numbering of the ordinances. I'm punishing myself because the title is huge. City of Meridian Ordinance No. 09-1400, an Ordinance RZ 08-004, Voltera Mixed Use, for annexation of a tract of land as described in special warranty deed, instrument number 106099040, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106099041, records of Ada County, Idaho, together with a portion of a tract of land as described in special warranty deed instrument number 106041249, records of Ada County, Idaho, together with a portion of the right of way of West McMillan Road and North Ten Mile Road, situated in the southeast quarter of Section 27, Township 4 north, Range 1 west, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from L-O, Limited Office District, and R-4, Medium Low Density Residential District, to C-G, General Retail and Service Commercial District, L-O, Limited Office District, C-C, Community Business District, and R-15, Medium High Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian Ordinance No. 09-1401, an Ordinance AZ 08-012, Shays Cove, for annexation of a parcel of land being a portion of Lots 1 and 2 of Block 2 of Kachina Estates on file in Book 34, page 36, in the office of the recorder, Ada County, situated in the southwest one quarter of the southeast one quarter of Section 19, Township 3 north, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, Ada County, to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: One more. Bird: Madam Mayor? De Weerd: Yes. Bird: This next one is just a reading, so why don't we -- with your permission, I'd like to make a motion to approve these two and move it on. The next one is just a second reading and we are going to have a third reading. Would that be okay? Meridian City Council April 28, 2009 Page 41 of 42 Nary: Fine. De Weerd: Uh-huh. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 09-1400 and 09-1401, with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Items 14 and 15. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 16. Holman: City of Meridian Ordinance No. 09-1404, second reading. An ordinance of the City of Meridian repealing Title 9, Chapter 1, Section 13, and Title 9, Chapter 4, Section 19, of the Meridian City Code relating cooperative and/or reimbursement agreements, enacting a new section, Title 8, Chapter 6, Section 2, relating to reimbursement agreements for infrastructure enhancements and providing an effective date. De Weerd: Okay. You have heard this read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, we will go ahead and schedule this next week for the third reading. Item 17: Executive Session per Idaho State Code 67-2345(1)(c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): De Weerd: Item 17 is an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Hoaglun: Second. Meridian City Council April 28, 2009 Page 42 of 42 De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Rountree: Move to come out of Executive Session. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Move to adjourn. Hoaglun: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR A MY De WEERD ATTEST: JA EE L .S l aCv l~ DATE APPROVED ,,~~`'~~p~ IWEj.~"`'~~ ~,~ ti -, T FO MAN, CIT`f' C ERKSEAL ,~~ O ~~' AUNTY ~ ~~`~~