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HomeMy WebLinkAbout2009 07-28Meridian City Council Meeting July 28, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, July 28, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Ted Baird, Tara Green, Pete Friedman, Warren Stewart, Tracy Basterrechea, Mark Neimeyer, Matt Ellsworth, Bill Parsons, Steve Siddoway, Todd Lavoie 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: Good evening. I will go ahead and get tonight's meeting started. Thank you all for joining us. I will start tonight's meeting -- oh, for the public record it is Tuesday, July 28th. It's a few minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: I would like to welcome our Boy Scout here tonight. It's always good to see a scout in the audience. So, welcome. I think I saw you at the 90th anniversary celebration, so -- we have the oldest Boy Scout troop in the state of Idaho. So, we are very proud of that. Item 3: Community Invocation by Retired Minister David Kruse with Treasure Valley Worship Center: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by retired minister David Kruse with Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Kruse: Thank you. Our Heavenly Father, we do thank you for this privilege that we have to gather together under a free country, Lord. And, Father, we do want to thank Meridian City Council July 28, 2009 Page 2 of 33 you so much for the men and women who are fighting to preserve that freedom that we are enjoying right now. And, Father, I want to thank you for each leader that is here today, each Council member, each department head, Lord, I pray a special blessing and a special amount of wisdom on them as they make decisions for this great city and, Father, we thank you for those who are in attendance, who are bringing business to be discussed before this Council. Now, Lord, I just pray your annointing would be upon this entire evening, in your precious name we would pray it, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. I would like to offer you a City of Meridian pin for joining us tonight. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda tonight there are two blank spaces on page three. Item 13, the ordinance number should be 09-1422. Item 14 the ordinary number should be 09- 1423. And there are no other changes to the agenda. I move we adopt it with those changes. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 29, 2009 City Council Special Meeting: B. Findings of Fact and Conclusions of Law for Approval: RZ 09- 002 Request for Rezone of 10.13 acres from R-8 (medium density residential) to TN-R (traditional neighborhood residential) zone for Crossfield by Pride, LLC -south side of W. Ustick Road and west of North Blairmore Way: C. Amendment to Development Agreement: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC -east side of Meridian Road and south of McMillan Road: D. Memorandum Agreement Amendment to Collective Labor Agreement between the Citv of Meridian and Meridian Meridian City Council July 28, 2009 Page 3 of 33 Firefighters I.A.F.F. Local 4627 for Wage Schedule from October 1, 2009 Until September 30, 2010: E. Weed Abatements of two properties: 3273 N. Elmstone Ave., Meridian $225.00 4656 Station Place, Meridian $240.00 For a Total of: $465.00 F. Development Agreement: AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L- Odistrict for Kings Congregation Church by King's Congregation -1201 E. Victory Road: G. Agreement Accepting Proposal with Idaho Painter's Guild to Display Artwork in Initial Point Gallery from July 24 to August 28 and Establishing Terms and Conditions: H. Approve Award of Bid and Contract to Hillside Landscape Construction for Heroes Park Phase 3 for $1,054,353.60: I. Task Order No. 10086 with Hydro Logic for Well Complexion Reports for $120,000.00: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: Meridian City Council July 28, 2009 Page 4 of 33 1. Presentation of Employee Recognition Awards: De Weerd: Thank you. Item 6 under Department Reports. I get the honor of kicking off the Department Reports and I -- there are three awards that we were not able to recognize during our employee picnic and so we asked them to join us tonight, so we could honor them in front of our City Council members and so, Council, I'm going to go ahead and move down to the other podium. Okay. We start with 2009 director of the year and since we all know who these folks are, it's not going to be any surprise, I will ask Mr. Bany to, please, come and stand with me while I read some information about his nomination. Mr. Bany is honored this evening as the 2009 director of the year as he works as a strategic partner with other city departments to help the city achieve its missions, goals, objectives. He understands the needs of the employees he supervises, as well as others. He is respectful and open to new ideas, as well as challenging this staff and thinking beyond the way things are normally done. He expects his staff to be professional, yet allows them to be creative, innovative, and flexible to adapt to the needs of the community. He is professional, courteous and is committed to making a difference and he has made significant contributions to his department in bringing them together to look to the future and to succeed as one, truly exemplifying the city's values of customer service, accountability, respect and excellence. It's my pleasure to recognize Tom Bany as our 2009 director of the year. It should be Ralph as the director of the year. He spends as much time as we all do here. Barry: Well, thank you, Madam Mayor and Council Members. I appreciate this honor and this is a testament of the will and the determination, dedication of my staff and certainly I'm grateful for the friendship and advice of all the directors who have befriended me and I'm grateful for your leadership and support, Council members, and certainly Madam Mayor and just honored with this and thank you again. De Weerd: Thank you. It's also something that we like to honor those that give back to our community, so it is an honor to recognize these two awards this evening. The first is our 2009 volunteer of the year award and I will ask Jamie Allen to, please, come and stand with me. We are honoring Jamie tonight as our city 2009 volunteer of the year, because he has been volunteering with the City of Meridian for more than 17 years. During that. time he has personally contributed to support and success of a stunning number of projects, programs and events. He's put countless hours -- sorry, Jamie -- in rallying for some of the fundraisers for the troops. He gives blood to the Red Cross blood drives. He's also been involved in other community service projects. Teams were formed from the Public Works Department and this individual was all about helping to get people together to paint the town. He also has made a real big difference in bringing awareness and inspiring others to make a difference as well, such as the Backpack For Kids that was to help benefit the food drive, rally his department to come together to help contribute, because it's a good cause #or the kids. He is respectful, kind, and always willing to go the extra mile in getting people involved and coming Meridian City Council July 28, 2009 Page 5 of 33 together for a good cause. It is my honor to give and present this award to our 2009 employee community service award to Jamie Allen of the water department. De Weerd: So, that was the employee community service award. Got it a little bit off cue there. Now, I will tell you a little bit about volunteer of the year award. Our community has numerous citizens who step forward and give back to our community and I can tell you that this is a tradition in our city and it is the spirit of that volunteerism that our community was built on and certainly our volunteer of the year has exemplified that and walks this every day. She has been serving our community for almost two decades and during that time she's been involved in a variety and a number of projects. She's made a huge imprint on several of our departments and certainly on our community as a whole. She has worked many hours with the Light My Fire organization helping with two big events and raising over 25,000 dollars for a public education and burn out fund. She also spends her time with many other Meridian groups, such as the school district, Meridian High School football, Meridian Assembly of God Church and Meridian Optimist Football. I am very honored tonight to recognize the volunteerism and the spirit of Meridian for Mary Calhoun, if she will, please, come forward. Calhoun: I just want to say that this is awesome and I know that there are tons of people who do so many things in this community that are probably far more deserving than I, but I take this with great honor and pleasure and I know this woman over here, you know, she started out getting parks in the city and so you're right about that spirit of service in making a difference and it's huge. You have an amazing fire department who goes out there, they have fun, and they work hard and this is a tremendous community to raise a family and to be a part of and I'm proud to receive this. Thank you so very much. 2. Treasure Valley Partnership / Department of Environmental Quality Air Quality Campaign: Discussed. Motion to approve $5,000.00 and Bring Back Budget Amendment De Weerd: The next item on our agenda under 6-A-2 is our Treasure Valley Partnership and to talk with you tonight about the environmental air quality campaign and Robert will be addressing this item for us. Simison: Madam Mayor, Members of the Council, thank you for the time. I just want to give you a brief update about what the Treasure Valley Partnership has been up to. As you're all aware, the ozone issues in this community and the valley are now stranger to the problems that exist. So, you may not remember from last year, but at the Mayor's State of the City we played one of the commercials that DEQ had done regarding the ozone situation. Unfortunately, due to budget cuts they weren't able to do that again this year. So, what DEQ did was -- my sense of what DEQ did, the Boise Ad Federation -- Advertising Federation approached DEQ and said we would like to take you on as our -- essentially their community service project and what they did was they said we would like to make people aware working with you about the current ozone situation and come Meridian City Council July 28, 2009 Page 6 of 33 up with a campaign to try to encourage people to reduce their use by ten percent, whether that's through driving or not mowing the lawn at certain times of the year to help reduce our overall emissions program. Funding was an issue for this to be done, but they came -- the Treasure Valley Partnership, and said this is something that's important, we'd like your backing as well and Treasure Valley Partnership decided to help fund the creation of two commercials that Boise Ad Federation and the DEQ is trying to promote through the valley through an ad campaign. So, I don't know if we have the audio, but hopefully we can at least play these videos so you can see what was purchased or what was put together by the Treasure Valley Partnership. (Video played.) Simison: It does not want to load right now, so I'll just go ahead and continue. If he gets it up we can go back to it. But this is what the Treasure Valley Partnership worked together to put together as an ad campaign. The two television ads were created to inform the public about the problem and where to obtain information. They created a website, treasurethevalleysair.com, which is where they are directing people to find out information about what's going on. They are doing all the things that many people are doing these days, using social media to spread the word. They have asked the city to get them up on their website and help promote and we have done that as well, put those up on our city website. One thing that they have done -- and part of the reason why I'm here tonight is they have worked out agreements with many of the local stations to do a two for one media buy. For every dollar that they put in they will be matched two times by the -- by the media to play this over the summer. So far, you know, their goal is 100,000 dollars, but they aren't near that goal at this point in time, but they have came and to this date the City of Boise has said we will support this to the tune of 15,000 dollars for a media buy and so I'm here tonight to let you know that this is what they are doing and to see if this is something that the City of Meridian would also like to support for a unified campaign that would be run in the remaining months of the summer on this program and we -- you know, there are a couple of different areas where we would talk about where the funds could come from, but wanted to show this to you and get your feedback and your thoughts. Is one up, Matt? (Video played.) Simison: So, with that I'd stand for any questions you might have or ask for the Mayor's input if she has additional information she'd like to provide. De Weerd: Council, this is something that was requested of the Federation of Ad -- whatever -- to be involved in the air quality awareness campaign and they have, at no cost, done all of these commercials, have developed this campaign and it was the Federation's campaign -- or contribution to this cause in building awareness and so I guess as each mayor is asked to go back to their cities to see if there is some form of support. That is why it's brought to you today to really help. The summer months or the weeks to come with this heat is certainly the time that we really need to get these messages out. So, I would ask if there are any questions or comments. Meridian City Council July 28, 2009 Page 7 of 33 Rountree: Madam Mayor, maybe you could enlighten me a little bit in terms of the status. It seems to me like we are a little late on this particular campaign and we are in violation, have been in violation, and probably are soon to be determined to nonattainment. So, I would think another message is probably appropriate, as opposed to the ones I'm seeing. Am I correct or am I going the wrong direction here? De Weerd: We don't know -- this year has not been a bad year thus far and although we are still moving forward and hoping to get emissions testing valleywide, it looks like DEQ is going to have to come in and make a determination on that one. So, the recourse the rest of us have to do is to build this educational campaign on ways that we can all change our own behaviors to have a more positive impact. The ten percent of -- reducing your driving habits by ten percent, timing your different daily activities with those actions that have the VOC emitters, those -- those are kind of the activities that have a large impact as well. I guess we can't go back and unrng the bell and so we are looking at ways that we can make a difference in the short term as well and a lot of that is by daily habits and behaviors and an educational piece that builds the awareness as to how we can minimize the impact of our own actions. And I know, Councilman Rountree, it doesn't go back and specifically address your question, but I can't. Rountree: Well, I guess my concern is that it seems to me that it ought to be educational, as opposed to slapstick comedy. Do people out there understand what's going on with the ozone and why it's even something to be concerned about, let alone trying to figure out what those two ads meant. I mean I understand what they are trying to do, because I have been involved in it, but, you know, the average citizen, even if they read the newspaper, probably doesn't have a sense of the impact that nonattainment is going to have on us and to me that's where the education ought to be. I mean you're looking at stifling an economic rebound in -- you know, with business and industry to some degree. De Weerd: Last year we had an ad series that was certainly the doom and gloom and you saw those ads during the State of the City. What the Federation did this year is they had four different scenarios that they showed a test group and what caught their attention and had some kind of an educational impact and this series -- those two ads that you saw and there is two more that are quite similar to them, were the ones that had the greatest impact. So, that is the ones that they did bring forward and fully develop. So, I guess that's all I can tell you as the background as to where those came from and how they stepped up to bring a campaign again this year, whereas DEQ couldn't, as well how the media outlets have stepped up and tried to meet -- meet us halfway. Rountree: Which, Madam Mayor, I think that's great and I don't make my comments, as opposed to funding and moving forward with these activities, but I'm just not sure I got anything out of what I saw. Meridian City Council July 28, 2009 Page 8 of 33 De Weerd: Well, we do hope that it drives the traffic to the web for information and the web has been -- I guess not -- polluted is not the right word, but has been loaded with a lot of educational information on how individuals and businesses can make a difference is today's quality issues to make a more positive impact. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess in support of President Rountree's comments, I would agree that sometimes many of these things are preaching to the choir, those of us that already understand what the issues are see something like that and know what it's talking about. Whether the average person that doesn't pay that much attention would get it or not I'm not sure. I would think that the Mayor's last point that we are hoping this would drive people to do further research, it would help -- even if you use the slightly comedic ad like these, if there were some crawl at the bottom of it refemng them where they could get further information -- and I think that could probably be added fairly cheaply. Use the same videos and sound and just have a crawl, you know, for further information, whether it refers to our website or a DEQ website or something, if does pique somebody's interest, they could go there and with that in mind, at the end of this conversation is going to be whether Meridian should contribute some money to this campaign, I could see doing that, but I would like to see a little more connection to the information and if a crawl could do it, that would help me. De Weerd: I think that the ads are done. I mean I don't think we are in a commenting period, but I can pass that comment on. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Just a question for you and Robert. We only know what the city of Boise is contributing to date? Simison: They are the only ones who have actually confirmed a donation to this point in time, yes. There are others who are considering it. University of Idaho is considering supporting this initiative. There is a local business in Nampa that's very big in environmental issues. They are kind of leading in the VOC shop body, they have got some special technology, they are considering sponsorship. So, I think they have 20 to 25 thousand dollars in -- in potential sponsorships right now, but only 15 are confirmed from the city of Boise. Hoaglun: It's -- Madam Mayor, just a comment. It's -- you know, we understand the issue, we need to get the people to change some habits. At the same time it's tough when all the partners are not pulling the wagon in the same direction and that just makes it very -- very difficult. Meridian City Council July 28, 2009 Page 9 of 33 De Weerd: It does and you would hope that certainly the Canyon county cities and county would step forward as being a stronger partner in this. However, with that said, all we can do is look at what actions we take and not wait for others to do what is right, we need to look at what is right for us and make the determination based on that. Any other comments? Rountree: Madam Mayor, Robert indicated he had some information in terms of amount and where it might come from in the budget, so I'd like to hear those numbers and whose budget it would come out of. Simison: Well, only make a recommendation, but, you know, whether it was a 5,000 dollar potential donation that could come out of the Idaho Power funds for -- would be one example. You know, that's money that's not necessarily budgeted for other things, but it has been presented for opportunities, so this could be one of those locations. There are, obviously, other locations. City Council does have funds available to them in your special projects if this is something you felt like you wanted the funds in there. So, those are two potential options at this point in time and, you know, 5,000 is just a recommendation, whether or not you want to base that upon the amount of Boise's contribution in proportion to us, which is about a third based on population. But that's at your discretion if that's something you're supporting. Rountree: And the timing? Simison: Obviously, the quicker the better, because, then, they can't go out and do media purchases until they know what funds they have available to them. They haven't given a drop dead date at this point in time, but I would think that if we let them know by next week. I can't see them holding off on a campaign into August. Rountree: Thank you. Simison: And with no City Council meeting next week that would put a decision from you guys until the 11th. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: To move this along, I guess I'll make a motion that we support the air quality effort with preference to emphasize directing the public to the website for further information in the amount of 5,000 dollars to be funded through the Idaho Power energy grant. Bird: Second. Zaremba: Second. Meridian City Council July 28, 2009 Page 10 of 33 De Weerd: Okay. I have a motion and a second. Any discussion? Okay. Madam Clerk, will you, please, call roll? Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Well, ask that you do a budget amendment to dedicate these specifically to that from the fund and we will have it on the agenda on the 11th. If Council can authorize at least the expenditure at this point, that would just be a necessary paperwork trail. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would amend my motion to add that it is the -- constitutes a budget amendment in the amount of 5,000 dollars. De Weerd: Okay. Second agrees, Mr. Bird? Bird: Second agrees. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just to clarify, are we talking about this coming -- we split that 100,000 into two five -- two 50,000 pieces. One of them went into this year's budget and one of them held over unassigned for 2010. Are we taking that out of 2010 portion? De Weerd: Yes. That would be my assumption. Bird: We have already spent 50 for this year. Rountree: We have already obligated this year's. Bird: I'd say it's coming out of the -- Rountree: Next year's. De Weerd: Okay. Well, good, Todd just heard that action taken, right, Todd? Meridian City Council July 28, 2009 Page 11 of 33 Lavoie: Yes. Rountree: Say yes. De Weerd: Just say yes. Lavoie: Madam Mayor, Members of the Council -- De Weerd: Yes. Lavoie: I'm sorry, I heard you on the TV talk about a budget amendment. Today's action is to approve fiscal year 2009 budget amendment, so for any more funds that we want to spend for fiscal year '09 would have to actually wait until '10, since you are amending the budget today. We cannot go higher than the number -- sorry. Iran down here. Can't go higher than the number that we quote tonight. So, the number that you say that we propose tonight, we cannot amend the budget any farther vertical. De Weerd: But tonight they can increase that amount by 5,000 dollars. Lavoie: You do have the option to increase the number that I presented to you earlier today. De Weerd: Okay. Lavoie: Very good. De Weerd: Thank you. I do have a motion on the floor to -- to clarify the previous action. So, Madam Clerk, if you would, please, call roll on that. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Thank you. Thank you, Council. There were no items moved from the Consent Agenda. Item 8: Continued Public Hearing from June 23, 2009: PY2009 CDBG Action Plan: De Weerd: Item 8 is a continued public hearing from July 23rd on PY-2009, the CDBG action plan. Ellsworth: Thank you, Madam Mayor, Members of the Council. On June 23rd of this year City Council reviewed and opened up a public comment period and hearing for the Meridian City Council July 28, 2009 Page 12 of 33 draft program year 2009 CDBG action plan. As you're all aware, that action plan has gone through the public comment process and where ultimately this is going is to forward an adopted action plan onto HUD no later than August 17th coming up later on this summer. So, on screen here we have in the center -- or the center column, excuse me, the proposed funding amounts for the various projects, which I'm going to hold off on going into for today, I think you're fairly well aware of what all those mean. I'm happy to elaborate if you feel that would be beneficial for tonight's discussion. During the public comment period the city did receive a letter from the Boise City Ada County Housing Authority. As you can see in the draft plan the allocated amount to continue the home buyer assistance for qualified low to moderate income home buyers was 20,000 dollars. The total amount that the housing authority was allocated in the current program year 2008 was 50,000 dollars. The housing authority has successfully expended some of those funds, they are doing great work, they are implementing this year's allocation as described in last year's action plan and the more I considered that recommendation in light of the other funding amounts for the various activities that we are considering for next year, I identified a couple of projects that may be somewhat overallocated in the draft, which are reflected, again, coming up here in the third column, which is staffs recommendation on these allocated amounts that is before you this evening. The two activities that are proposed for potential decreases in funding in order to offset the 30,000 dollar increase to the Housing Authority are the Five Mile Creek pathway, which was previously slated to receive 50,000 dollars. That would decrease, based on staffs recommendation to 33,000 dollars. A little bit of background about that project. That is one project that currently has some of the left over funds from previous program year that are -- that are available for that purpose to put toward that project. We haven't started spending money on that project just yet. We are still in negotiations with property owners and, in any event, the difference in that 15, 17 thousand dollars that staffs proposing to decrease, wouldn't necessarily impact the timeline for construction of that project. The second project -- or activity, rather, that jumped out to staff is one to potentially consider to decrease in order to increase the level of funding for the Housing Authority is the facade improvement support that's slated for provision to MDC and the original amount that was -- that was proposed by staff for that activity was 40,000 dollars and MDC in discussions with the administrator has very preliminarily and tentatively identified one good potential candidate project for use of continued funding coming up here for next program year, although at the same time MDC's administrator's didn't have any assurances from that property owner on a timeline for moving that project forward and at the same time MDC is still working with the property owner to start working through some of the funds from a previous program year. That's another one that has some cash on the table for those activities at the moment. One of the big reasons for staffs recommendation this evening is the timeliness expectation that HUD has of its entitlement communities. They, basically, come in and run a check once a year and they have a certain percentage of an annual allocation that they look for. If you're above that, if you still have more money than what they look for in your account unspent, that's an issue for them. There are a lot of needy communities, there are a lot of good projects that you can put those funds to and they expect you to use the funds. We also -- we are in good shape for this year's check. Looking forward to next year's check, again, there are several -- several projects that Meridian City Council July 28, 2009 Page 13 of 33 aren't spending funds -- funds quite as expeditiously as we may have hoped. So, to make sure that we are in a position where the timeliness issue won't become an issue in HUD's eyes, that's kind of the other reason why staff took a look at those two projects to consider for us a possible reduction in funding coming up next year. Again, the on-the- ground impact to either of those two projects would be somewhat minimal. MDC's administrator also indicated that in decreasing their level of funding in next program year from 40,000 down to 25,000, that the preliminarily identified project could still come together with that amount of funding to make a difference to the project site. So, again, the proposed allocated amounts are in the center column there, that's the draft that's in front of you for consideration this evening. The amounts allocated as recommended by staff are in the column on the far right. The two actions that are requested before you this evening are to, first, consider any additional testimony that there is. The public hearing is still open. The action, then, to take would be to close the public hearing and, then, finally, to seal up the allocation amounts for next year's action plan. Based on that direction staff will make any necessary revisions to the plan and bring it back on next week's consent agenda for -- for final consideration prior to forwarding on to Department of Housing and Urban Development. So, with that I'd stand for any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Mr. Zaremba? Zaremba: Madam Mayor, I would ask to confer a second with our parks director on the impact of 17,000 dollars less. De Weerd: That would be you, Mr. Siddoway. Siddoway: I was thinking of a question of my own for Matt -- Zaremba: Yeah. Siddoway: Go ahead. Zaremba: I just was seeking your comment and maybe ask your question of Matt. Siddoway: Yeah. Matt, if I understand correctly, the decrease that's being proposed tonight to the Five Mile Creek pathway, you're saying that amount could be made up by the funds that are in the carryover from the other fiscal year? Ellsworth: Madam Mayor, Members of the Council, Mr. Siddoway, I didn't provide adequate background about -- about the situation with Five Mile pathway there and I apologize for that. As some of the -- the left over funds from previous program years, Meridian City Council July 28, 2009 Page 14 of 33 the first year the city received CDBG funding, City Council approved an amendment that's since been forwarded to HUD to fund that pathway project to the tune of 45,000 dollars. That money is still on the table. We haven't yet started spending funds for this project just yet. So, regardless of the action taken tonight, the level of funding on next year's action plan -- the 45,000 dollars is still there. The estimate for the design of that project was in the neighborhood of 40,000. Staffs thought was the 45,000 dollars that's currently on the table, with the addition of 33,000 dollars, would still allow site prep, it would allow -- it would allow the city to wrap up any outstanding environmental -- start looking at purchasing equipment, fencing, that sort of thing, in order to still keep that project moving forward this program -- or next program year, regardless of the total level of funding there, if it's 50,000 dollars or 33,000 dollars, that's not nearly enough to fully construct that pathway project next year. So, that level of decrease would not wind up impacting the -- the timing for construction of that project. What would wind up impacting the construction of the project is the level of funding you could receive in the following program year, program year 2010. Siddoway: So, in the description of this table, Five Mile Creek Pathway -- is it environmental construction that those -- is it CN construction? Ellsworth: It is. Siddoway: Okay. And so that was -- the amount that was in there was just a portion of of the construction anyway and these funds would be used to finish the design and environmental work and the actual construction would be determined by a future year; is that correct? Ellsworth: Madam Mayor, Members of the Council, Mr. Siddoway, we'd need to be completed in a future program year. If Council were to adopt staffs recommendation this evening, then, the total amount of funding that would be on the table right now for the Five Mile Creek pathway project is 45,000 from a left over or previous program year, plus 33,000 and -- math's not my thing -- 77,000? Siddoway: So, it can start with these funds and, then, complete with future year's funds? Ellsworth: That's correct. Yeah. The 40,000 would go to design. Whatever is left over could start the construction of the pathway with the anticipation that at the start of the following program year, October 1st, 2010, we could come in with the following year's allocation to complete the construction that program year. Siddoway: And even with the original amount it still would have required additional funding in a future year? Ellsworth: That's correct. Meridian City Council July 28, 2009 Page 15 of 33 Siddoway: Okay. Well, if it still would have required additional funding and we have enough here to get through design and environmental and begin construction, the difference, then, would depend on the future year -- I think that has to be up front, but with that knowledge and if Council is comfortable with acknowledging that the -- there is still funding for construction that would be needed in a future year's CDBG grant program, then, I think this keeps us whole. Thanks. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I guess this is more of a process question than a numbers question, but if -- this case in particular, the Five Mile Creek pathway, if we got close enough to completing it and next year all of a sudden the economy started getting better and the city took in a little more money and the city decided to use general funds to complete it, could we, then, the following year ask the block grant to pay us back for that? Ellsworth: Madam Mayor, Members of the Council, Councilman Zaremba, I think the answer is no. And I'm still learning the ropes on the CDBG program, but I wasn't under the impression that you could -- you could use the funds for reimbursement in the way. -- my first -- Zaremba: I suspect your answer is probably correct. Ellsworth: Yeah. Zaremba: I had to ask. Ellsworth: Sure. Hoaglun: And, Madam Mayor, a question for Matt. De Weerd: Uh-huh. Hoaglun: Previously in past the draft plan showed 20,000 for affordable housing. We had allocated 50 in previous years, is that what I heard you say earlier? Ellsworth: Madam Mayor, Members of the Council, Councilman Hoaglun, that's correct. In the current program year, program year 2008 -- and, remember, they run a little bit behind the calendar year, but in program year 2008 the Housing Authority's allocation was 50,000 dollars of which they have fully spent and drawn down 30,000 dollars. They are well on their way to expending the remaining funds for that, so -- Hoaglun: To follow up, then, Matt, this will show when the fed audit the books, since they are able to use the money, this allows us to put money into, one, a need and, number two, into a program that can use the money in the current -- in the program year Meridian City Council July 28, 2009 Page 16 of 33 to show that we are just not stock piling these dollars and not getting them out on the ground, is that -- am I correct in my understanding on that? Ellsworth: Madam Mayor, Members of the Council, Councilman Hoaglun, that's correct as well and what they do when they come in for their annual check is they look to see how much money you have in your CDBG account relative to your annual allocation and if the amount in the account is 150 percent of an annual allocation, that's a problem for them. Again, we are not in any trouble for it this year, they will come in and take a look coming up in August and we have drawn enough funds that it won't be a problem for this year, but we do still have some projects that aren't spending the funds as quickly as originally anticipated. BCACHA, as a subrecipient, as been at the opposite end of that spectrum. They are spending their money. They are spending in on exactly what they said they were going to spend it on and so it's an opportunity to stay out in front of that timeliness issue that could be of concern to HUD. Hoaglun: Thank you. De Weerd: So, Matt, who is not spending their money? Ellsworth: Madam Mayor, Members of the Council, Meridian Development Corporation has left over from 2007 55,000 dollars. I'm trying to think back to the 2007 year plan. The demolition project came in in the neighborhood of 80,000 dollars under budget, so that's a project where we had to reallocate those funds. Again, some of that money went to the Five Mile Creek pathway. That's a project that hasn't yet started spending funds, although it's relatively newer than the funds that were originally adopted with that '07 plan. Habitat For Humanity at the moment for the current program year, program year 2008, has 60,000 dollars and they haven't spent those dollars just yet. Conversations are ongoing with them and they are working on it. That's going to be the case with any of the subrecipients that haven't yet spent the funds. It's different for each of them and I don't want to point any fingers at anybody, but just circumstances change and so forth. Again, we are not in any trouble for this program year in our current -- the amount of funding we have in our account is not going to raise any flags for HUD at the moment, but, again, just in getting out in front of it and making sure that we are in the same position next year, meaning there is not an issue for HUD, staff thought it might be appropriate to recommend projects that have already proven that they are spending these funds and that they will continue to spend these funds. De Weerd: Well, I guess I hesitate on the facade. I guess I'm reluctant here. Five Mile Creek, Council has stated, has been a priority project and it's been a new project that is currently underway and there is great progress on it. The facade improvements, MDC hasn't let anyone know that those are available, but this one project, that might be delayed because of the economy. If it's something that the city needs to help let people know facade improvement assistance is out there, certainly one of the goals of these funds have been to help with the blight in our downtown and to divert something away from that without the knowledge that we have done everything we can to help raise the awareness that this money is available. To divert it because it hasn't been used, I don't Meridian City Council July 28, 2009 Page 17 of 33 know as maybe inappropriate, but, you know, I don't know. Certainly is the discussion and decision of this Council, I do know what those original intents were and we have dedicated a lot of that to the affordable housing piece of it, but it was to be broader than that. It's a worthy piece, but it should have been broader than that and that's my point. Ellsworth: Madam Mayor, Members of the Council, another option to consider as we approach that next annual check that HUD will come in to do is if there are still any activities that you have to spend funds, then, the city structure the agreement such that we can reallocate those funds. In other words, if a subrecipient isn't moving forward based on the timeline that they originally outlined, then, the city has the right to steer those funds elsewhere. So, maybe -- maybe the solution is a little bit of both and that the city can -- can help assisting in getting the word out and as we get closer to some of those deadlines, any of those left over funds that haven't been spent in years past, as support is rallied for the facade improvements program, we could begin diverting unspent resources toward the line of folks who are ready to move forward with facade improvements. And I'm just throwing that out for consideration. De Weerd: Well, Matt, I appreciate those comments. You know, I guess right now the Community Development Block Grant money has been looked at, as well as the TIF from the downtown business owners saying, you know, where -- where is there some kind of a matching program for us that we might be able to do something as well and that's why I bring it up. It has been something that is on their mind in the last several months and they have been pretty vocal about it and so that's why I raised that point and that is the one area that we can bring to the downtown and are we hasty in making that decision: Certainly diverting the money to affordable housing is at a critical need, but we also have a commitment to a balanced program if the monies can be expended. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add a comment that I -- I would like to pass along the thought to the subrecipients that this is right now the time to be spending money in the community. If there is money available to bring into the community and spend, our citizens and employee -- public sector employees need that money to be spent and I would encourage them not to be sitting on money. I guess that's my only comment. De Weerd: You have an easy job, Matt. Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Meridian City Council July 28, 2009 Page 18 of 33 Rountree: A process question. The two actions that have been requested is, one, close the hearing and, then, two, distribute the funds. It seems to me that we ought to distribute the funds in the plan and, then, close the hearing. Is -- De Weerd: Have testimony. Rountree: Have the testimony. Ellsworth: Madam Mayor -- Rountree: What's your read on the regulations there, Matt? Ellsworth: Madam Mayor, Members of the Council, Council President Rountree, from what I recall in the past it has been to call for an opportunity for any additional testimony, to consider the testimony, close the public hearing, and, then, render a decision on the overall amount. Mr. Baird may be able to weigh in on that. De Weerd: He's nodding his head. Baird: Madam Mayor, Members of the Council, that sounds very reasonable and consistent with past actions. De Weerd: Thank you. At this point, Council, I will ask for any public testimony. I do have someone that has signed up on the public hearing sign-up sheet. Jillian Patterson. If you will, please, state your name and address. Patterson: Okay. My name is Jillian Patterson and I'm at 10990 West Hidden Brook in Star, Idaho. De Weerd: Thank you. Patterson: Madam Mayor, Members of the Council, I am the grant programs manager for the Boise City Ada County Housing Authority. Over the last year the Housing Authority has developed a partnership, as Matt has stated, by being a subrecipient of CDBG funds. First of all, we'd like to thank you for the opportunity that you have given us to have that program. We have been able to provide assistance -- downpayment assistance and closing costs for families over the last year who have purchased homes in the City of Meridian. Two of the families, who are both single mothers with children and, then, a third family have purchased homes that have been affordable, safe, and stable for them and their children. Without this assistance these families would not have been able to purchase the homes. The Housing Authority is also currently coordinating with your office, a ownership even towards the end of August to recognize one of the families that has purchased a home, as well as the efforts of the partners to that made it happen, the Housing Authority, the City of Meridian, and, then, participating lenders. So, we are looking forward to that as well to get that out into the community and let people know that this assistance is available. We'd also like to thank Matt and Meridian City Council July 28, 2009 Page 19 of 33 the planning department for their continued guidance on how to manage our program. We feel we have a very successful program because of their leadership and support. We did submit a letter on July 16th commenting. We understand the funding priorities and the importance of the other projects. We also know that -- of the importance of affordable housing and homeownership right now especially in the community and that has been our goal and our focus of this program. Currently, low income families who desire to purchase a home in Meridian have very limited resources for downpayment and closing cost assistance. Idaho Housing and Finance Association has suspended all of their ADE and American Dream funds at this point. Lenders often use home start grants from Home Federal loan bank. They, too, are out of funding until next April. So, the CDBG assistance is really the only resource at this time for families to use to purchase a home in the City of Meridian. So, we ask that you reconsider the funding that's been allocated to next year's project and awarded the Housing Authority 50,000 dollars. If we are awarded we are very confident we will be able to provide this assistance to additional families over the next year, as well as expend the funds within the time frame. This will -- the funding will further our goals and City of Meridian's goals and strengthen our partnership with you and in the community. And, again, we thank you and if you have any questions for me I'd be happy to answer them. De Weerd: I guess, Matt, the parameters with the low income housing assistance, do those have to qualify in those defined parameters that we have established, or can they be anywhere in the community? Ellsworth: Madam Mayor, Members of the Council, the homeownership assistance is not tied to the RMI area. The beneficiary at that point is going to make the determination as to whether or not it benefits a low moderate income individual, rather than an area type benefit. So, it's not geographically constrained. De Weerd: And the additional funds that we receive -- sort of the stimulus funds outside of the specific Community Development Bock Grant dollars, how much was that additional money? Ellsworth: Madam Mayor, it was 65,000 dollars. In the neighborhood thereof. De Weerd: Okay. Thank you. Okay. Is there any other testimony on this item? Council? Hoaglun: Madam Mayor, I do need to ask Matt one more question. I just have to be sure. I don't have quite the depth of the history here on some of these things. You had mentioned the 80,000 dollars that was used for -- was it demolition, I believe, or some sort of deal like that, but not all the funds were needed. It came in under budget. Is that part of the MDC funding that they still have and can that -- and that's cant' over funds, can that be directed towards the facade project if it's needed or is that slotted for a different project? Meridian City Council July 28, 2009 Page 20 of 33 Ellsworth: Madam Mayor, Members of the Council, Councilman Hoaglun that's somewhat separate and the situation there was the -- the demolition project was initially allocated in the neighborhood of 110,000 dollars and that project was completed for around 30,000 dollars. So, there was leftover give or take 80,000 dollars in the 2007 program year. City Council has since gone back and amended the 2007 program year's plans to reallocate those funds. Forty-five thousand of that -- of that 80,000 dollars did go to Five Mile Creek pathway project. I believe ADA upgrades to the community center was also another additional recipient of those left over funds, as was public services assistance to the Meridian Food Bank, from what I recall. I need to go back to my notes to know for sure. But the same principle could apply coming up in -- in future program years with any unspent funds or funds that we needed to reallocate from the current program year. Hoaglun: Okay. Thank you. That was very helpful. De Weerd: Thank you. Any other questions from the Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Council, I would entertain a motion to close the public hearing on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we close the public hearing on PY 2009 CBDG action plan. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Adopt PY2009 CDBG Action Plan: De Weerd: Okay. And Item 9 is the adoption of the PY 2009 CBDG action plan. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council July 28, 2009 Page 21 of 33 Rountree: I would move that we adopt the 2009 CDBG action plan with the changes in allocation of funding only to apply to the public facilities in affordable housing, the public facilities amount originally shown in the draft at 110 -- or 105,000 be reduced to 88,000 and that the affordable housing originally shown at 20,000, be increased to 35,000 and that the recommended change in the slum and blight program remain as we originally allocated and I would suggest to the folks sharing the dias on either side of me this evening go to MDC and build a fire under them and get moving. That's been a priority with the Council. End of motion. Bird: Second. De Weerd: I have a motion and second and will light a fire. Any comments? Hoaglun: Madam Mayor, just a comment. I don't know if it's a fire that's needed or if the economy is just at the point where folks out there want to do something, but they are in a position that they can't do much. You know, I think it would be great if we can light a fire, but I don't want to get our expectations and hopes up too high that, you know, we light a fire and, boy, that rocket takes off, because I think there is other factors out there that are at play. So, you know, as long as we kind of keep that, that, yeah, there is hope to want to do things, but there is also market -- the commercial market out there that's not moving very far very fast. Rountree: Madam Mayor? De Weerd: Just -- in a minute, Mr. Rountree. And just in terms of discussion, I think that the MDC has put all their eggs in one basket and have only talked to one property owner. The information about the facade improvement program or grant opportunity has not really been widely distributed, so it's hard to say if that's true and as Matt has pointed out, if there is a need to redistribute these dollars differently when we see that those dollars are not being spent, we can do so at that time. Hoaglun: Well, Madam Mayor, just to respond, then. It sounds like we need to build a bonfire. De Weerd: Absolutely. Mr. Rountree. Rountree: Your last point was the point I was going to make about redistribution. De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Adopt Tentative Budget for Fiscal Year 2010 and Fiscal Year 2009 Amendment: Meridian City Council July 28, 2009 Page 22 of 33 De Weerd: Thank you. Item 10 is adopt the tentative budget for fiscal year 2010 and fiscal year 2009 amendment. I will tum this over to Todd. Lavoie: Mayor -- Madam, Members of the Council, in your packet you should have received an inter-office memo. Today's goal is to tentatively approve the fiscal year 2010 budget and to amend -- to adopt -- or to approve 2009 amended budget. If I could just follow up on the discussion about the 5,000 dollars that you spoke of earlier regarding the budget amendment. De Weerd: Lower. Lavoie: Well, the -- Robert and I spoke about it and we do have the money available in the fiscal year 2009 budget, so we will not need to do an amendment this fiscal year. So, the number that I have proposed to you will take into consideration the availability to spend 5,000 dollars. So, with that we just need a Council member. I imagine President Rountree to read off the inter-office memo and I'll ask if you have any questions I can answers them. Bird: If you can read it good luck. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before we do that, just to clarify on the 5,000 dollars, what account is it being taken out of, then, in '09? Lavoie: Well, we actually did a budget amendment for the entire 100,000 dollars in fiscal year 2009. So, we have the availability to spend 100,000 dollars in fiscal year 2009. If we do not spend it all we can use it also in fiscal year 2010 and amend the budget at that time to spend the money needed for the projects that you desire. Does that make sense? Zaremba: If that's -- it won't be on paper, we just understand that what we think we are carrying over for next year is 45,000, instead of 50,000. Lavoie: If that's what you end up spending, yes. Zaremba: Okay. De Weerd: Okay. Any further questions? Thank you, Todd. Okay, Council, I'm looking for a motion. Rountree: Madam Mayor? Meridian City Council July 28, 2009 Page 23 of 33 De Weerd: Yes. Rountree: I will move by reading the memo that the Council approve the proposed revenues and expenditures for fiscal year 2010 of 65,076,673 dollars and, two, the Council approve the amended revenue and expenditures for fiscal year 2009 in the amount of 76,848,472 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: VAR 09-002 Request for a Variance to UDC 11-2C- 3A.1, which requires a 25 foot landscape buffer to nonindustrial uses; applicant requests to reduce the buffer width from 25 feet to 5 feet adjacent to eastem property boundary for Porky Park by VJ Joint Venture - south side of East Pine Avenue and east side of North Principle Lane (Lot 6 & 7, Block 2 of Porky Park No. 2): De Weerd: Thank you. Thank you, Todd. Okay. Item 11 is a public hearing on VAR 09-002. I will open this public hearing with staff comments. Friedman: Madam Mayor, Members of the Council, Bill Parsons is the staff planner that has been processing this application, so I will tum the presentation over to him. Parsons: Thank you, Madam Mayor, Members of the Council. Before you tonight is, again, a variance request to reduce the landscape buffer along the eastem boundary of the subject property that we are discussing tonight. The site is located approximately a half mile east of Eagle Road and located on the south side of Pine Avenue. To the north of the site is residential property, zoned R-4 and R-8. To the west is vacant industrial land. To the south is developing industrial land, which is, basically, storage condos and, of course, the topic of tonight's discussion is the L-O property on the eastem boundary, which is the Lewis & Clark Middle School. If you look at the aerial map this pretty much tells the story of what's going on in the area. You can see where the two lots are located on tonight's topic and you can see how the school site is in relation to that property. Staff met with the applicant, pre-app'd with them and they wanted to do a spec building on this property and wanted to review that site and they came up with this plan and it came to staffs attention that they would have to -- based on the current code requirements they would have to do a 25 foot landscape buffer adjacent to the eastem property boundary, because the school site is a nonindustrial use. Staff did inform the applicant that he could -- in order to process -- to get that reduction we would have to process this as a variance application, because the width of Meridian City Council July 28, 2009 Page 24 of 33 that buffer is a dimensional standard and we cannot -- staff cannot evaluate that or reduce that, if you will, through a compliance process. So, the only way code requires us to reduce that buffer is to process it as a variance. Right now the site is vacant, undevelopable land -- or developable land, excuse me, and it really isn't a hardship and stuff really had a hard time trying to make the findings. The one thing I did want to point out to you is if you look at my arrow here, along Pine Avenue when this was part of the Porky Park Subdivision No. 2, this access point upon that avenue was granted with the approval of that subdivision. So, that access is currently 16 feet from the eastem property line. So, access does, in fact, impede the site from complying with the 25 foot landscape buffer. But, as I mentioned to you earlier, since there is -- the applicant still could pull that out and still comply with the 25 foot landscape buffer and this is vacant ground. There really isn't any conditions or a building that would exempt them from complying with that performance. If you look here, the applicant also has an access road to the west and it's a local street and it's showing two access points there as well that could actually provide adequate access to this site. What I do want to go back to is also this aerial that's also along the eastem property boundary, as you see in my arrow here going north and south, there is also an irrigation easement -- a 20 foot wide easement there, which wouldn't necessarily impact the 25 foot requirement, but the applicant has sent an a-mail saying Settlers Irrigation -- Irrigation District has agreed to allow trees to be planted within that buffer. My understanding is the applicant is working towards a license agreement for that to happen, so, again, that applicant would have to provide that with CZC approval with the CZC submission showing that those improvements could occur on there. The applicant contends that because the existing building or the proposed building and the existing school site are -- would be roughly 255 feet apart, that there really isn't a need to have the 25 foot landscape buffer. What I have also done, too, is put some arrows here to demonstrate how much separation exists between the building and the south property boundary and how much distance exists for the west -- east side of the building to the east property line. Right now on this -- on this site plan that the applicant submitted to staff, it shows roughly 46.5 feet. The distance from the south building to the south property line is 118 feet, so a semi could, technically, come around in that area and still take access onto that local street, Principal Way -- Principal Place. Excuse me. As far as the westem boundary, the applicant -- excuse me. The eastem boundary, the applicant could technically do a 25 foot landscape buffer. Provide a 25 foot wide driveway access to meet fire department requirements and still be able to meet the requirements per UDC and the fire department. So, again, staff had a tough time trying to meet the findings -- again, the property is vacant. There aren't any conditions that would preclude the applicant from complying with that, other than, .again, the access points to Pine Avenue. The applicant's here. I did not receive any comments from the public or the applicant regarding the application and staff would be happy to answer any questions Council may have of me. De Weerd: I guess my only comment is the reason for those buffers were for transition between incompatible uses. We are facing the back side of the school and probably green space that is never used. So, the buffering is already naturally happening in this case and I don't know if that can be considered as part of the variance in looking at -- Meridian City Council July 28, 2009 Page 25 of 33 you already have a huge buffer zone going on to transition over. I know you can't make those determinations and it is for this Council, but the whole idea of those landscape areas was that transitional piece to it. The back of the building and a lot of green space probably is not heavily used, because it is on the back side, probably fits the intended purpose, even though it's not on their property. But I know your hands are tied to the interpretation of the ordinance and -- and we will see what the applicant has to say. Which I will invite you forward now. Miller: Okay. Got woke up from my nap. De Weerd: How could you fall asleep during these lively discussions? Miller: Stimulating discussion. De Weerd: If you will, please, state your name and address for the record. Miller: My name is Brad Miller with Ronald W. Van Auker, Incorporated. 3084 East Lanark in Meridian. De Weerd: Thank you. Miller: Madam Mayor, Members of the Council, thank you very much for taking up this item. I appreciate planning stafFs dilemma here. I mean it is a dimensional standard, but as you look at it it doesn't make much sense to have a 25 foot landscape buffer right there. You have, like Bill said, over 250 feet between our proposed building and -- and the school and you are correct, Madam Mayor, in that that area of the school is not used. There is a drive through there, but it's not used -- the lawn is not used for activities and there is no -- I mean you have -- you have doors there, but that's not used as a main entrance, by any stretch of the imagination. One of the keys to -- to our buildings -- we build industrial buildings and this will be a flexible building here, but one of the keys to our buildings is ingress and egress of trucks. That's the most critical factor with our buildings. We have to have, number one, adequate truck maneuvering area. One hundred twenty feet from the back of the dock is about adequate there. Anything less than that is not adequate and we also like to have the ability to drive through and around the entire building. That first driveway there off of Principal Place, you would not enter any -- no trucks would enter off of there. You want to keep the vehicles -- the automobiles and the trucks separate. And, then, the other factor -- Bill suggested that you could tum a semi around in that back with the 118 feet we have there. Well, if there is other trucks that are backed up to the docks you can't do that. So, our objective is to make it as functional as possible and allow trucks to get in and out of there as easily as possible. You don't want to narrow down that area between our building on -- the east side of the proposed building and the property boundary there, because you have problems with trucks getting around the comer there. Given the economic situation which we are all aware of, I think it's pretty gutsy of Mr. Van Auker to want to build a spec building in this market, but he wants to do it and we are committed to do it and this is our last hurdle to get our building permit, so we would ask Meridian City Council July 28, 2009 Page 26 of 33 for your consideration on this. You know, if I thought adding more landscaping would have any material impact on the school or on us or help anybody, I would be more than happy to -- to talk about it, but I think the proposed landscaping buffer that we have there would be more than adequate. I don't think anything is gained by adding more. De Weerd: Mr. Miller, is the landscape buffer that you're proposing, is that on the irrigation district easement? Miller: It is. The -- Madam Mayor, there is a fence there on our property line. The actual irrigation pipe is on the school's property, but the easement area centers on the pipe and extends on both sides. So, in talking to Nathan Draper at the imgation district, there is no problem with landscape in that area, but it's not used for access at all. All access is on the school side and -- De Weerd: Did you get that in writing? Miller: -- the landscape buffer is not even required. All we can do is -- we can just plant whatever we want there, within reason. De Weerd: Get it in writing. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess it's the thought of -- maybe you said anything you want is fine, but -- Miller: Within reason. Zaremba: Yeah. Well, to me the value of a 25 foot landscape buffer is that you can plant a bunch of trees in it. I'm not sure you can do that with a five foot landscape buffer with trees that would get any size are going to hand over into the driving area and I certainly have no problem with the idea of saying, you know, there is so much green space on the other side that this could be an exception. What I'm thinking of asking is instead of planting the trees in your five feet, would you be willing to offer the trees to the school district and have them planted on the -- probably on the other side of the Settlers Easement on their property. Miller: You know, I'm not -- you know, I don't have a problem with that. Zaremba: I like the idea of having trees and I'm all for -- the reason is we need trees, but -- Meridian City Council July 28, 2009 Page 27 of 33 Miller: It would have to be outside of the easement area, probably on their side, but I'm not opposed to that. I mean if we want to say that we would be willing to plant five trees, two trees, one tree -- Zaremba: Let's see. One, two, three, four, five. However many you would have planted in that distance on your side, it had been a 25 foot landscape buffer, would probably be, what, seven or eight trees. If you would be willing to move them onto the school property and outside of the easement, I'd be real comfortable with this. Miller: Assuming we could get the school district's approval and -- Zaremba: Yeah. Miller: -- I'm sure that they would be agreeable to that. De Weerd: I'm really saying just offer it to the school district. Hoaglun: Madam Mayor, question for Mr. Miller. Typically how tall are -- how tall are these types of buildings that you're looking at putting on on here? Miller: About 30 to 35 feet on the outside. The exterior wall. Hoaglun: I was just curious, does the five foot buffer give you enough access if there needs to be a repair or is there something that you can do that from your property on that side with that height? I was thinking, okay, we can lower -- we can lower it, but do you need 15 feet to have an adequate -- with the trees and ability to do anything -- if anything ever needs to be done or you just seek permission from the school district property to take care of it -- to reach or something? Miller: Councilman Hoaglun, I don't anticipate that we would ever -- I mean with the lifts that they have these days, it's not a problem at all to get access. I mean if you have got ten feet you can access everything you need. I appreciate that, though. Hoaglun: Yeah. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Miller, I think you have got plenty of trees there, seeings how it's a school. I don't think we need hiding places for sixth, seventh, and eighth grade kids out there at Lewis & Clark and you get a jungle over there and that's what you're inviting. I feel that that -- we need to leave that distance there on the east side, because I personally feel that's the only way semis are going to get in and out. I don't see a 53 foot trailer tractor getting around your comer on the southwest or the northwest or the northeast, I think you're going to have to swing out and -- I don't see it going around and I don't know if I'd Meridian City Council July 28, 2009 Page 28 of 33 want it going around, because you have got parking there and everything else, so I -- I think a five foot buffer with the amount of trees you got in there now, with a school there and the access on the east side of the school, those doors are for emergency only for fire drill or for fire, so I don't see -- I think it's -- I think a five foot buffer and leaving the 41 foot five for driveway. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I think what's being proposed is reasonable. My only issue with landscaping is if -- if we are going to require it and they want to do less for reasons of making their business function, then, we ought to consider that. But I just as soon have five foot of well maintained landscape as 25 foot of landscape that's put in and be dead in three years. So, I have full faith that this particular developer will manage and take care of the property and I'm comfortable with the five foot. I will stretch this and it's not really part of the request or the topic, but I would say at a future time when you develop the property to the south, with the five foot landscape that's being proposed on this property, I would certainly consider not needing to plant nine more trees in five feet. I have seen that, I have been on site in our industrial areas where that's happened and there is too many trees. They are on top of each other and by the time they grow every other tree is going to have to be cut out. So, I think that's something that we need to look at as staff and we have talked about that. But I think what you're proposing is reasonable and I think it's justifiable and Iwould -- at this point I would support it. Miller: Thank you. De Weerd: Okay. Anything further? Miller: No. Just thank you for everything you do. We appreciate it very much. De Weerd: Thank you. Miller: Thank you. De Weerd: Okay. This is a public hearing. Is there any members of the public who wish to testify on this item? Okay. Council, if there is no further questions for staff -- staff, any comments? Friedman: Madam Mayor, Council members, no, I think Bill's presentation in the staff report was adequate to provide you with information necessary. De Weerd: Thank you. If there is no comments, questions, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 28, 2009 Page 29 of 33 Bird: I move we close the public hearing on VAR 09-002. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES: Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve a variance allowing the east side buffer to be reduced from 25 feet to five feet for variance 09-002. Hoaglun: Second. Bird: Okay. Second it. I want to say something. De Weerd: Motion and second. Discussion, Mr. Bird. Bird: And, staff, Idon't -- in no way -- I think somebody already said it. I know you guys have to go on -- you have to go by what our ordinance says and I know the developer knows that, too, so we are certainly not trying undermine -- I'm not trying to undermine your -- we just -- we realize where you guys have to come from. Friedman: Thank you. De Weerd: So, I look forward to seeing the findings and addressing the four particular areas that you need to find the findings for. So, God speed. Any further discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 12: Public Hearing: 2009 Planning Department Fees: De Weerd: Thank you. Okay. Item No. 12 is a public hearing on 2009 planning department fees. I will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Council members. This is an adjustment to our fee schedule and because we are adding a new fee a public hearing is required. If you will recall about a month ago staff gave you a presentation revolving around our Meridian City Council July 28, 2009 Page 30 of 33 certificate of zoning compliance fee structure and just the processing structure and what we have been finding is that because of the way the code is currently written that if somebody comes in for just a tenant improvement, even though it's a change of use, but there is no exterior changes, we still have to assess them for a full zoning certificate with prior approval fee of 187 dollars. What we have realized is, you know, we can handle this with just a letter of verification to the building department without going through the full CZC with prior approval process, so we have proposed adding that procedure in that letter for a fee of 53 dollars and also recommend dropping the certificate of zoning compliance with prior approval. For those instances where it is necessary, 273 dollars to match up with our design review fee. So, really, our intent is to try to save some of our customers both time and money through this. And I'm happy to give you something. It's a little simple and some figures you can get your arms around tonight after last two hearings, so -- that's all we have. De Weerd: Council, any questions for staff? Bird: Madam Mayor? De Weerd: This is a public hearing. Is there any member of the public who wishes to provide testimony on this item? Frank and Ralph, it's all on your shoulders. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we close the public hearing. De Weerd: Thank you. Hoaglun: Second. De Weerd: I have a motion to close the public hearing on Item 12. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the recommended planning department fees as spoken to this evening. Zaremba: Second. Meridian City Council July 28, 2009 Page 31 of 33 De Weerd: I have a motion and second to approve the fees as proposed. Any discussions? Rountree: Madam Mayor, just kudos to the planning department for finding the opportunity to look at process and look at what's going on and reduce time delays or potential delays and cross to folks coming to Meridian to do business. Thank you. Friedman: Thank you. De Weerd: Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 13: Ordinance No. 09-1422 Amending Title 1, Chapter 6, Section 5, Meridian City Code, Regarding Compensation for the Manor of Meridian (1s Reading): Item 14: Ordinance No. 09-1423 AZ 08-014 Request for Annexation and Zoning of 2.74 acres from RUT district in Ada County to the L-O district for Kings Congregation Church by King's Congregation - 1201 E. Victory Road: De Weerd: Thank you. Items 13 and 14 are proposed ordinances 09-1422 and 09- 1423 on Items 13 and 14. Madam Clerk, will you, please, read these ordinances by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 09-1422, an ordinance amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding compensation for the Mayor of Meridian, providing for a waiver of the reading rules and providing an effective date. Green: Ordinance No. 09-1423, an ordinance AZ 08-014, Kings Congregation for annexation of a tract of land situated in the northwest one quarter of the northeast one quarter of Section 30, Township 3 North, Range 1 East, 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 R-1, Ada County, to L-O, Limited Office 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. Meridian City Council July 28, 2009 Page 32 of 33 De Weerd: Thank you. You have heard these two ordinances by title only. If there is no one in our audience who would like to hear them read in their entirety, I would consider a motion from Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve ordinance number 09-1422 and 09-1423 with suspension of rules. Hoaglun: Second. De Weerd: I have a motion and a second to approve Items 13 and 14. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Okay. We are at our last item this evening. Item 15 is an Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: I move that we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: Item 15: Executive Session per Idaho State Code 67-2345(1)(fl - (to consider and advise its legal representatives in pending litigation): De Weerd: Item 10 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)(f). Meridian City Council July 28, 2009 Page 33 of 33 Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. De Weerd: Okay. Do I have a motion to come out of Executive Session? Bird: So moved, Mayor. Hoaglun: Second. De Weerd: All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: A motion to adjourn? Bird: So moved. Hoaglun: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) T~~~~ MAYOR T~IfMY de`\W~~,RW,,,,,,~~~~~'''' ~' ~ rFO = ~ A E~ SEAL = ~' '~. ~9' pQ` ~~` mill ,2ov9 DATE APPROVED JAYCE . HOLMAN, CITY CLERK