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HomeMy WebLinkAbout2011-09-27E IDIAN~-- iDaHo CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 27, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X_ Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor of Ten Mile Christian Church 4. Adoption of the Agenda Adopted (Pg. 2-3) 5. Consent Agenda Approved (Pg. 3-4) A. Professional Services Agreement with Christine Donnell School of the Arts for Artist in Residence Programming for a Not-to-Exceed Amount of $1,500.00 B. Second Renewal and Addendum to the Lease for Generations Plaza Patio C. Approval of Contract Amendment No. 2 with Safety Enterprise Inc. to Extend the Safety Consulting Services Agreement, for the 2nd of (3) One Year Options for aNot-To-Exceed Amount of $27,600.00 D. Contract Extension for Janitorial Services to Varsity Contractors, Inc for aNot-To-Exceed Amount of $108,579.72 E. Facility Use and Indemnity Agreement Between Schwing Bioset and the City of Meridian for Mobile Bioset Equipment Demonstration at the City of Meridian Wastewater Treatment Plant Meridian City Council Meeting Agenda -Tuesday, September 27, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Approval of the Community Development Block Grant (CDBG) PY2011 Action Plan Revision G. Resolution No. 11-805: A Resolution Adopting Community Development Block Grant (CDBG) PY2011 Revised Action Plan H. Resolution No. 11-806: A Resolution of the Mayor and City Council Establishing a Mayor Performance Review Committee and Providing an Effective Date. 6. Items Moved From Consent Agenda 7. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update (Pg. 4-6) B. Legal Department: Lakeview Golf Club Request for Lease Payment Waiver Approved (Pg. 6-12) C. Legal Department: Meridian Entrepreneur Think-Tank Request for Waiver of Certificate of Zoning Compliance (CZC) Fee Approved (Pg. 13-15) 8. Action Items A. Public Hearing: TEC 11-002 Medina Drive-Thru by Meridian Gateway Associates Located at 1653 S. Meridian Road Request: Two (2) Year Time Extension on the Conditional Use Permit (CUP 08-021) for aDrive-Thru Establishment Vacated (Pg. 19-20) B. Public Hearing: MDA 11-007 Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City Approved (Pg. 20-22) C. Public Hearing: TEC 11-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat Approved (Pg. 22-24) Meridian City Council Meeting Agenda -Tuesday, September 27, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. D. Public Hearing: MDA 11-008 Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Request: Terminate the Recorded Development Agreement (Inst. #107022433) and the Recorded Addendum (Inst. #110078719) Approved with the Annexation and Modified with the Spring Creek Ustick Project Approved (Pg. 24-27) E. Public Hearing: MDA 11-009 Grau Property by Bill Grau Located at 4135 W. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City Approved (Pg. 27-29) 9. Continued Department Reports A. Mayor's Office: Resolution No. 11-807: A Resolution Re- Appointing Jennifer Pike to Seat 8 and Re-Appointing Daniel Basalone to Seat 9 of the Meridian Development Corporation Approved (Pg. 29) B. Mayor's Office: Resolution No. 11-808: A Resolution Appointing David Winder to Seat 4 of the Meridian Development Corporation Approved (Pg. 29-30) C. Mayor's Office: Resolution No. 11-809: A Resolution Re- Appointing David Fulkerson to Seat 1, Gene Strate to Seat 2 and Kent Mortensen to Seat 3 of the Meridian Impact Fee Advisory Committee Approved (Pg. 30) D. Police Department Report: Receive Spending Authority for an Office of Justice Assistance Grant (JAG) in the Amount of $27,021.00 -Match Grant Approved (Pg. 30-31) E. Police Department Report: Administrative Policy Establishing Leads Online as the Approved Method for Precious Metal Dealers to Transmit Records of Regulated Transactions to Meridian Police Department F. Resolution No. 11-810: Adopting Administrative Policy of the Meridian Police Department Establishing Leads Online as the Approved Method of Transmitting Records of Regulated Transactions to Meridian Police Department Approved (Pg. 31-32) G. Public Works: Water Conservation Plan Development Meridian City Council Meeting Agenda -Tuesday, September 27, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (Moved to item 7D) (Pg. 15-17) H. Public Works/Building & Development Services Department Report: Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for Electrical Inspection and Plan Review Services (Moved to item 7E) Approved (Pg. 17-19) I. Legal Department: Findings of Fact, Conclusions of Law for Approval for MDA 11-005 Walmart-OverlandiStoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan Approved Changes. Findings will be on agenda for October 4, 2011 (Pg. 32-35) 10. Ordinances A. Ordinance No. 11-1496: An Ordinance Amending Title 1, Chapter 5, Section 1 of the Meridian City Code, Regarding the Corporate Seal of the City of Meridian Approved (Pg. 35-36) 11. Future Meeting Topics 12. Amended onto the agenda at start of meeting: Executive Session Per Idaho State Code 67-2345 (1)(d)(f) -(d) To Consider Records That Are Exempt From Disclosure as Provided In Chapter 3, Title 9, Idaho Code; and (f) To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 8:30 p.m. Out of Executive Session at 8:59 p.m. Adjourned at 8:59 p.m. Meridian City Council Meeting Agenda -Tuesday, September 27, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 27, 2011 A meeting of the Meridian City Council was called to order at 7:08 p.m., Tuesday, September 27, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Tracy Basterrechea, Keith Watts, Robert Simison, 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: I would like to thank you for being patient in waiting for us to get started this evening. First I would like to welcome you to the City Council meeting. For the record it is Tuesday, September 27th. It's 7:08. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge to our flag. If you will, please, rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor of Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Thank you. Well, Heavenly Father, what a beautiful day you have given us. I know your word says that to rejoice and to be glad in the day that you have given us, but just another good reason to be in the Treasure Valley on such a wonderful day and, Father, we just thank you for that. Father, thank you for the time to come and -- set aside to come and do the business that Meridian needs to get done. Ask for your blessing upon this group, Father. Thank you for the dedicated men and women that look to Meridian to make it a -- such a wonderful place to live and to work and, Father, for those raising children or just being retired, that just a safe place to be in. Father, speaking of safety, we just ask that -- for our armed forces that are overseas, if you Meridian Cily Council September 27, 2011 Page 2 of 38 would just keep them safe out of harm's way, if you would just bless and strengthen their lives, Father. In all things we look to you for our wisdom and the desire to do right and the strength to get the job done and we just pray this in Jesus' name, amen. De Weerd: Thank you. And thank you for that timely remainder of our men and women in the military. As many of you know, they are returning and they are not returning all at one time, they are kind of coming in -- in small groups, coming back to our towns. This weekend Councilman Rountree and myself and a crew from the fire department attended a neighborhood hometown welcome and it was -- what it did is the neighbor Joan, who had the celebration at her house, she gave us a timely reminder that in our neighborhoods across our city these individuals are returning home and wouldn't it be nice if each of our neighborhoods took a moment to recognize the service of their neighbor and welcome them in the fashion that we saw this individual welcomed this weekend. It was pretty powerful and it was very much appreciated. This was his third deployment, but it is a timely reminder to all of us to be more aware of those men and women that are returning in our neighborhoods and see what role we can play in welcoming them back to the community and thanking them for their service to our community, our state, and our nation. So, I -- I just said that, because you gave us a timely reminder in that moment and it's worth -- or it's worth noting. So, thank you. De Weerd: Item No. 4 is the adoption of our agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of items we need to move around and add to tonight's agenda. Under the Consent Agenda, 5-G, that is Resolution No. 11-805. 5-H is Resolution No. 11-806. Under Action Items, Item 8-A, staff has requested to vacate this item, as it will be renoticed for the Planning and Zoning Commission meeting of October 20th. Also under Item 9, Continued Department Reports, 9-A is Resolution No. 11-807. 9-B is Resolution No. 11-808. 9-C is Resolution No. 11-809. 9-F is Resolution No. 11-810. 9- G, the Water Conservation Plan presentation by Public Works, we will move that to 7-D under Department Reports. So, that will be heard early -- earlier under Item 7. Same with 9-H, the Public Works Building and Development Services Department Report, professional services agreement between the Idaho Division of Public Safety and City of Meridian for electrical inspection and plan review services will be now 7-E. So, 9-G and 9-H have been moved under Item 7. And under Ordinances, 10-A, that is Ordinance No. 11-1496. And we have some business to finish up in Executive Session, so at the very end of this thing we have an Executive Session under Idaho Code 67- 2345(1)(d) and (f). So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. Meridian City Council September 27, 2011 Page 3 of 38 De Weerd: I have a motion and a second to adopt the agenda as stated. Do you want to restate that? Hoaglun: No, ma'am. De Weerd: Okay. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Professional Services Agreement with Christine Donnell School of the Arts for Artist in Residence Programming for a Not-to-Exceed Amount of $1,500.00 B. Second Renewal and Addendum to the Lease for Generations Plaza Patio C. Approval of Contract Amendment No. 2 with Safety Enterprise Inc. to Extend the Safety Consulting Services Agreement, for the 2nd of (3) One Year Options for aNot-To-Exceed Amount of $27,600.00 D. Contract Extension for Janitorial Services to Varsity Contractors, Inc for aNot-To-Exceed Amount of $108,579.72 E. Facility Use and Indemnity Agreement Between Schwing Bioset and the City of Meridian for Mobile Bioset Equipment Demonstration at the City of Meridian Wastewater Treatment Plant F. Approval of the Community Development Block Grant (CDBG) PY2011 Action Plan Revision G. Resolution No. 11-805: A Resolution Adopting Community Development Block Grant (CDBG) PY2011 Revised Action Plan H. Resolution No. 11-806: A Resolution of the Mayor and City Council Establishing a Mayor Performance Review Committee and Providing an Effective Date. De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun: Meridian Cily Council September 27, 2011 Page 4 of 38 Hoaglun: Items under Consent Agenda to note. 5-G is Resolution No. 11-805 and 5-H is Resolution No. 11-806. With that, Madam Mayor, I move approval of the Consent Agenda and Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, seeing none, Madam Clerk roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So, we will move right into our Department Reports. Tonight we are kicked off by the first Mayor's Youth Council report of the year. So, our chair Janelle, come on forward. Welcome. J.de Weerd: Madam Mayor, Members of the City Council. Thank you for having me. This year has already started off on a very strong and great start. At both meetings we had about 60 to 70 members and that is awesome, especially -- usually we see a big drop off between the first and second meeting, so keeping strong throughout the second, adding onto that we have had I believe seven was the last number I heard for applications on youth on commissions, which pretty much might be a record, so I think we are going to have a very strong youth council this year. A lot of involvement. There were 30 volunteers at the community block party, once again, large number, much better than last year. So, I have a lot of faith in this year's council. We are looking forward to participating in Rake Up Meridian. Always something that we have a lot of fun and it's just a great way to give back, as all of you guys know. TAC or Teen Activities Council's first event will be their annual Halloween party and it's on October 29th. We are looking forward to all those awesome costumes that our advisors always dress in, including Luke especially. We are looking forward to a really great year ahead. A few of the youth council members, including myself, Eli Nary, Jen Walker, and Nick -- De Weerd: Ray. Meridian City Council September 27, 2011 Page 5 of 38 Ray: -- Ray, we will be attending the Text -- Driving While Texting Youth Summit in Virginia. There will be learning keys and just effective ways in bringing the education and, hopefully, enforcement on a statewide level back to the council this year, something I am definitely passionate about and look forward to working on again this year in the council. I want to thank all of you guys. I can never thank you enough for all the support and appreciation you give us. Without you we literally would not be a council, so we really love you guys and we are blessed to have a city council as driven for youth accomplishment as you guys are, so I would like to thank you. And if you guys have any questions for me. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Janelle, you mentioned the numbers that have shown up. Is that also a record? J.de Weerd: Yes, Rountree: Okay. Great J.de Weerd: Well, I know at the last -- last year's first meeting we had a large turn out, but not as much anticipation to volunteer and contribute to the council. So, there might have been more in numbers, but this year we have more ambitious members, in my opinion. Rountree: Thank you for all you do and for taking on the responsibility of kind of keeping it going this year. J.de Weerd: Thank you. De Weerd: I would also like to thank Councilman Zaremba and Councilman Bird for attending the first meeting and notably there were more parents that attended at that meeting as well. So, that was nice to see. J. de Weerd: Yeah. It's important. De Weerd: So -- and I'm sure that staff member you were reporting was Winnie the Pooh. Pooh Bear. Luke, you make a great Pooh Bear. So, keep it up. Just had to point that out. If Steve didn't put it in his next Powerpoint slides. Okay. Any other questions from Council? Bird: Just thank you Meridian City Council September 27, 2011 Page 6 of 38 De Weerd: Yeah. And I share Janelle's optimism. We have a very committed group, even the executive council even going into the new year, we would have attendance issues right off the bat and it looks positive. We had good summer participation, they had had a good planning session, so they are encouraging. J.de Weerd: Also we have an at large representative spot for a spot on executive council and we have had a ton of nominations, so everyone is really looking for that larger role in MYAC. De Weerd: Yeah. Well, thank you and appreciate you being here with us tonight. J.de Weerd: Thank you. B. Legal Department: Lakeview Golf Club Request for Lease Payment Waiver De Weerd: Okay. Item 7-B under our Legal Department -- actually, the next two are under Legal, so I would turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Get my notes. I'm sorry. Madam Mayor, Members of the Council, the first item in front of you is Lake View Golf Club. In their lease agreement with the city annually they have the opportunity to come and request relief from the City Council for the lease payment for the operations of the golf course. Mr. Oaas is here tonight to discuss that request and I will turn it over to him. De Weerd: Thank you. Welcome, Eric. Oaas: Madam Mayor, City Council, Attorney Bill Nary. Thank you for the introduction. De Weerd: If you will state your name for the record. Oaas: Eric Oaas. De Weerd: Thank you. Oaas: 523 West Front, Boise. And I -- first of all, I just want to thank the Mayor and City Council for all the support that you have given to us at the golf course this year. We have -- I have been very pleased to note that Councilman Rountree and Madam Mayor have attended the golf course focus group meetings that we have and I have to say that I was probably a little bit reluctant with regard to -- De Weerd: Not a little bit. Meridian City Council September 27, 2011 Page 7 of 38 Oaas: All right. A lot. But I'm very -- very pleased with the way -- the way that group has come together. I think it's been extremely productive and from my perspective it's -- it really has helped us focus on some of those areas that we may have overlooked in the past and -- and to me I think it's worked very well. Secondly, the golf course this year has continued to I think make progress in a number of areas. Continued to pay down debt, continued to clean up its equipment leases and a lot of the legacy issues that I think we talked about last year with regard to, you know, former management of the -- of the golf course. From a financial perspective the gold course is not -- I wouldn't say it is extremely fluid and liquid, but it's -- it's making good progress as I said in debt payments and -- and equipment leases and getting things cleaned up from the past. With --with that in mind I guess the other thing that I would mention is that the operation itself of the golf course, from my perspective, is going on extremely well. The Raven Management Services team has done an outstanding job and the -- the course itself I believe is in excellent condition and, you know, from our perspective we are real real pleased with where things are at. With that in mind I'm here to respectfully request a waiver of the lease payment obligation to the City of Meridian this year. Hopefully, this will be the last year, but it's been adifficult -- difficult economy and we think we are struggling -- struggling our way through it, but -- but getting through it in good form. With that I would answer any questions from Madam Mayor or Councilmen. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Eric, typically when we get these requests it comes along with an outline of what you have accomplished and as we went into this year there were certain commitments you made in terms of cart availability and some improvements and whatnot on the golf course. What's the status of that list in terms of accomplishments? Oaas: Councilman Rountree, we are pleased to report that -- that all items on the list from a commitment standpoint have been addressed and from my perspective -- I don't have that list right here in front of me, I should have it, but I -- I do not, but from my perspective everything that the golf course has committed to, you know, by way of capital improvements and operations have been complied with, including the -- the number of carts available for patrons. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I remember the list correctly, one of the items also related to payments to Nampa-Meridian Irrigation District. How are those going? Meridian City Council September 27, 2011 Page 8 of 38 Oaas: Councilman Zaremba, thank you for the question. We -- as you know, we got seriously behind in our irrigation payments to the city. I guess I'm here to report that we have made -- we have made major progress toward getting the past obligations cleaned up. We have a proposal that we have made to -- to the city that would bring those payments completely current by -- probably by the mid part of next year, including the the lease or the irrigation payment obligation that will come out in November. Zaremba: Thank you. De Weerd: Okay. Any other questions from Council? Hoaglun: I have none, Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question that's not necessarily related to this, but the most recent minor improvement -- at least to one side of the access into the golf course I am assuming you have witnessed that and you are going to be taking that on in terms of overseeing it, but the -- it's a partnership between the city and the neighbors and they are going to be maintaining it. Is it to your liking? Is it showing some benefit and are you willing, possibly, to participate to some degree in a partnership to get the other side done as the city has committed and want to move forward with? Oaas: Councilman Rountree, we are very pleased to be part of that beautification project and the Ashford Greens neighborhood has provided in partnership with the city. We at the golf course have -- other than providing our -- our consent, you know, have not shared any financial commitment on that piece and we are extremely pleased to see it happen and we very much would like to participate in the other side of it. Probably it's going to be probably not possible this year, but next year we would very seriously like to take a look at that. De Weerd: Well, certainly as you bring back the report that Councilman Rountree was asking for, I think it's going to be important to note Ashford Greens came forward to request the improvement to be done and also volunteered a long term maintenance commitment to it. The planting of the trees that was coordinated through our Parks Department with help of Boy Scouts, the extremely generous donation of Jakkers was a huge improvement and -- and the men and women's golf association stepping forward and being part of the cart paths, that improvement has been extremely valuable and I think is a big success. Those -- those at least indicate an interest in reaching out and working more with your neighbors and that is appreciated. Certainly Mr. Borton, your involvement on -- on the focus group is -- is appreciated. We have seen improvements not only to the golf course, but I think relationships are starting to improve and I think you're getting better dialogue and feedback as people feel more comfortable with it. But Meridian City Council September 27, 2011 Page 9 of 38 I was very impressed the way the golf community stepped forward and said this is our golf course and we want to be proud of it, we want to be able to invite our friends to it and they stepped up and partnered. I think that's what it's all about. So, make sure those things are also in your report. Oaas: Absolutely. And one final item that I think this brings to mind is that the golf course hosted the state junior golf championship this year and, Madam Mayor, we appreciated your participation. But the golf course showed extremely well. The championship went -- went flawlessly, the course was in great shape, it just -- it just could not have turned out any better and we owe a large debt of gratitude to the staff that pulled all this together, as well the golf associations that made it such a success, so thank you. De Weerd: Thank you. And, Mr. Rountree, I would like to extend our appreciation for your involvement and Mr. Siddoway, our parks director and his staff as well. It's -- it's firming up to be a good partnership and as we work to finalize the rest of these commitments and see how we can best move forward I think will be of great benefit to our entire community. Oaas: Very good. Rountree: Thank you, Mayor, but I think it's been the directness of the participants focus group that have gotten things done and Jim and Jim I appreciate your comments and Eric, as the Mayor indicated, I know you went into this with a great amount of trepidation and I think it's working. We are talking. Not everything is getting done at once, but things are getting done. I'm pleased with some of the things that have been -- all of the things that have been done. There are some outstanding issues that need to be resolved and I think we can get those taken care of and I will be talking to the city attorney about some of the weed issues on some of the irrigation facilities that should be being maintained by Nampa-Meridian Irrigation, but I think the focus group has done a good effort. Last question for you. Have you found a value with the newsletter? I have seen several of those. They seem pretty informative and I don't know how well they are going over with the folks that use the golf course, but it seems like it was a pretty good vehicle. Oaas: Councilman Rountree, yes, from our perspective it turned out to be an excellent vehicle and -- and it's -- it's sort of taken a little while to -- you know, to take hold and for people to pay attention to, but -- but, honestly, you know, it has really proved to be a very valuable tool. We are certainly planning to keep it moving forward and I -- you know, can't -- I honestly can't thank the Raven Management Services folks enough. They really understand the true meaning of customer service and I think they have -- you know, they have just done a tremendous job. Jerry Breaux in particular is -- he's just an incredible ambassador. Meridian City Council September 27, 2011 Page 10 of 38 De Weerd: Well, I think Jerry Breaux and Clint and the entire crew -- I was impressed that they were all out during the open house, on tree placement and that actually went pretty well. I heard from many of the residents out there, they appreciated having an opportunity for that kind of input and it's not like that opportunity has been offered them and so that -- that went a long way as well. Mr. Borton, do you have any comments? No. Any others? Okay. Mr. Shane. Shane: Related to this topic -- De Weerd: Yes. Shane: My name is Jim Shane. I live at 4153 West Harbor Point Drive. My property is on the golf course. Last year about this time a lot of the different players and participants put together a variety of events to generate some funds that were donated to the operation of the golf course to help get the cart path repaired and to be used for other functions. We were told at that time that we would eventually see a breakdown of how those monies were spent and what other projects were --the money was spent on. To date I have tried to stay in the loop, but I have not seen that, I'm wondering what level of transparency sort of following on what Councilman Rountree has been talking about about what things that are being done and what we will be allowed to see, what things -- I understand that there is a private business here and that there is certain parts of his business that aren't public knowledge, but there are some things about what's going on at the golf course that maybe the people that live there could know a little bit about where the money went that we generated. So, I would just put that before you and I'd like to see that be one of the reports that ultimately get out to the public some way. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Madam Mayor, it was my understanding that that was done. If it hasn't been done I would suggest that that accounting be put in their next newsletter. Actually, Jim Correa has a breakdown of all of that and has provided it to the city, so it's right there in the hands of the golf course. Oaas: I would recommend -- I think putting it in the next newsletter I think is an excellent idea. Rountree: And, Jim, I -- again thank you to all the folks that put those tournaments and stuff together. They did raise the funds to do a good share of the work that was done out there and it was matched somewhat by the city and we have got a little material gathered up and piled over there in a parking lot for them that we use and I think it turned out to be a pretty good effort and partnership on everybody's part. Meridian City Council September 27, 2011 Page 11 of 38 Shane: Well, to echo the Mayor's statement, I think players and participants have all jumped in and said, yes, this is our golf course and we want to see it develop and everybody put a lot of effort in to try to support the work that Eric's done and everybody understands that the economy is bad, but we'd sort of like to see -- he's asking to not have to pay anything after we put this effort in, you know, where the money came from, that the developments were paid for by this year and what's coming out of the resources of the golf course and, you know, who all is in this and who all is really got skin in the game, I guess. De Weerd: I appreciate that and we were under the impression that that information was out there and -- and if it was put in the golf course newsletter, which now that I receive it I have found it very beneficial as well, just knowing what's going on out there. But we can get that posted in the newsletter and that can get out to -- Shane: An ongoing report or some sort of general -- I mean I don't know what we are allowed to know or what we can be privy to, but as the development is going on be made aware of what's happening. De Weerd: And certainly Mr. Borton, as our focus -- our focus member, you can bring stuff to him, too, that will bring it to that group on what you would like to see in the newsletter. Shane: Okay. De Weerd: So, thank you for being here. Oaas: Madam Mayor, I'm quite positive that that was all communicated back to the association, but I think getting it in the newsletter is an excellent idea. So, we will make sure that that gets in the very next newsletter, a full report of those funds collected and what they were spent on. De Weerd: And the activities that you have had. I know the tree planting was part of one of the newsletters that -- you know, again making it more available to what's going on. Oaas: Uh-huh. De Weerd: Okay. Oaas: Absolutely. De Weerd: Anything else from Council? Okay. Thank you for being here. Oaas: Thank you. Thank you, Madam Mayor and City Council. Meridian Cily Council September 27, 2011 Page 12 of 38 De Weerd: Thank you. Council, you do have a request in front of you. Rountree: I will make a motion to approve the request for releasing the -- or waiving the lease payment for this past fiscal year. Bird: Second. De Weerd: Okay. I have a motion and a second and I assume that's also with the assumption that we do get the report that accompanies that. Okay? Rountree: Yes. De Weerd: Any discussion? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Do we need to quantify for the record how much money that is? Rountree: It says 6,000 dollars per year. Bird: Second agrees. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Quick question on the issue of irrigation taxes that we will be making payments. Do we want to have --and that might be something separate, but something signed that says payments will be made of this amount on these dates or months or different things like that as part of this deal or is that something that the legal department can take care of on their own? De Weerd: I think the Legal Department can make that as an amendment. Nary: Yes. Hoaglun: Okay. Thank you. De Weerd: Okay. Any further discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. Meridian Cily Council September 27, 2011 Page 13 of 38 MOTION CARRIED: ALL AYES. C. Legal Department: Meridian Entrepreneur Think-Tank Request for Waiver of Certificate of Zoning Compliance (CZC) Fee De Weerd: Okay. Item No. 7-C is also our Legal Department. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. The next item is the tenant in the former City Hall facility, the Meridian Entrepreneurial Think Tank, has requested a waiver of the fee for certificate of zoning compliance that was required as part of their moving in and doing their improvements of the building, they are required to have a certificate of zoning compliance and there is a fee associated with that. They were -- I think it's 453 dollars. They are requesting a waiver of that fee. Mrs. Larsen, the tenant, is here to answer any questions about that. De Weerd: Thank you. Good evening. Thank you for joining us, Julie. Larsen: Thank you. De Weerd: If you will, please, state your name and address. Larsen: My name is Julie Larsen. 3000 Sugar Cane Drive, Nampa, Idaho. 83687 De Weerd: Thank you. Larsen: Madam Mayor, Members of the Council, we are just thrilled to be in the building, to have the space where we are creating for entrepreneurs an opportunity to grow and collaborate collectively together and to be participating in this community. So those of you who were able to attend our grand opening on the 9th, I received several messages that -- from business members in the Meridian community who said they were really pleased to see the facility full of businesses, people talking about business and sharing information and stories and learnings and experiences and for this to have happened all in a period of five months from the time that it was first thought about as a vision and until we were actually open for business has been quite a feat and there has been some, you know, financial cost that we have incurred that were not anticipated in our initial boot strap start up budget and that's why we are here requesting a waiver of the CZC fees. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council September 27, 2011 Page 14 of 38 Zaremba: I would just comment that I had an opportunity to make it to the open house and I, too, was very pleased with how full it was of start up and entrepreneurial businesses and I think that's really cool, so -- Larsen: Thank you. Zaremba: And I would support waiving that fee. De Weerd: And it really appears that many of those were home based businesses that wouldn't otherwise be -- Larsen: Over 80 percent. De Weerd: Eighty percent? Okay. Larsen: Over 80 percent of our businesses that have come into the co-op are coming out from their homes, such as myself, and we have an artist that's come out of her home for the very first time of having a business. So, it's very exciting. De Weerd: Yes. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Julie, what -- what kind of numbers are we talking about as far as occupancy? How many different businesses are in there? Larsen: Well, the total that we would ultimately have would be 15. Right now we have 13 resident members and we have three nonresident members. So, they will be utilizing the shared space. Rountree: Just about full, then? Larsen: Yeah. Two spots left. Rountree: Great. De Weerd: Okay. Any other questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the waiver of the 453 dollars CZC fee for -- Meridian Cily Council September 27, 2011 Page 15 of 38 Zaremba: Second. Bird: -- the Think Tank. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Larsen: Thank you, Madam Mayor, Members of the Council. D. Public Works: Water Conservation Plan Development De Weerd: Okay. Under Action Items -- oh, I'm sorry. We had two additions to our Department Reports. The new 7-D is the Item 9-G, which is Public Works Water Conservation Plan Development. I'll turn this over to Kyle. Radek: Madam Mayor, Council Members, thank you. About ten months ago I presented a department report to solicit your guidance on developing the city's first formal water conservation plan through a public working group and tonight I would like to just briefly give you an update on how that effort has gone and discuss next steps for a draft plan. I -- with the help of Mollie Mangerich and Shelley Houston, I brought together 14 people, not including myself, to serve on the working group. We had three city staff, four business members, and, then, residents -- two were members of Idaho Rivers United. We had a teacher. A homeowners association officer. A plumber. A civil engineer. An energy efficiency expert. So, we had a fairly well rounded group of people with diverse backgrounds that could discuss water conservation issues and the group had three main objectives, which was -- which were to identify goals for the water conservation plan, identify objectives for the water conservation plan, and examine potential conservation actions and recommend appropriate ones in the plan. And after several meetings with very good participation and discussion, the group covered enough ground to be able to draft the current plan, which has been provided for your review. So, tonight I would just like to accomplish three things. First, I would like to get the working group members that could come an opportunity to speak to Council about the effort and their concept of water conservation and the -- and how the effort went. And we happen to just have two working group members. I guess we had very good participation in the working group itself, but I had most of the meetings this spring and the weather was a lot worse outside than it is now, so -- so hard to get people to come Meridian City Council September 27, 2011 Page 16 of 38 tonight. But we have two in the audience tonight, so that's first. And, then, second I would like to entertain any questions or comments that Council has for me or for the working group members that are present. And, then, lastly, I'd like to seek Council's input on one of the ideas that came from the group, which is having some kind of public outreach effort for this plan before we come back and ask Council to consider it for adoption. So, we have two working group members in the audience. One is Andy Roman and one is Mollie Mangerich, who is our staff and, Andy, you indicated that you might want to come up and say a couple words. De Weerd: Thank you for being with us tonight. Roman: Oh, you're very welcome. Madam Mayor, Council. My name is Andy Roman. 4146 North Bryce Canyon Avenue in Meridian. And, first of all, I want to really commend Kyle in how he assembled this working group, who really had a tremendous input into this plan. Not all of it was adopted. Granted that. But there was a lot of discussion. But there was a lot of very valuable input and the cross-section of the working group was residents like myself and business owners and people from even outside both Meridian and the business area, who had input into this plan. Granted, the plan is a first step, it's a draft, but I think in merits review and looking at -- and like Kyle said, I think it could go out for public comment or discussion before it is adopted, but I really want to say that I was impressed -- duly impressed with the quality, expertise and dedication of the people who participated in it and especially the City of Meridian folks who dedicated their time on top of all their other duties and responsibilities, to participate and for Kyle especially for driving this and I think it's a -- it took a lot of work, but I think it's a very valuable first step and I think that the City of Meridian will be one of the first cities in Idaho who will have a very viable conservation plan. So, thank you very much, Madam Mayor and Council Members, and thank you Kyle. Radek: Thanks, Andy. I'll get you your check when we -- Roman: Okay. Thanks. De Weerd: You know, I'm glad you said that, because I was going to ask. That had to be too good to be true. Roman: Madam Mayor or Council, do you have any questions forme? Bird: I have none. De Weerd: Council, any questions? Rountree: Madam Mayor, just a big thank you to you, Andy, and all the other folks that participated. It sounds like it was a -- a very worthwhile endeavor. From what I read in the plan it appears that your endeavor is -- resonates with me. I think you have done an excellent job of that first step and maybe the second step as well. Appreciate your Meridian City Council September 27, 2011 Page 17 of 38 comment about getting it out for public review. I think that from what I see it's ready for public exposure and I think it's ready for us to take that into consideration and act on it afterwards. So, again, thank you to all of the group. Well participated. De Weerd: Thank you, Andy, for your service Radek: Thank you, Andy. And I'll pass your comments along to the -- by e-mail to the group members that didn't come tonight. Mollie, you want to just stay back there and -- okay. Hard to follow that from Andy and I only have like five bucks anyway. So, I know that, you know, Council has had the plans for a few days anyway. I don't know if you -- if all of you had the chance to read it, but are there any general questions or questions about the effort? If not, I would like to entertain your comments about what we would envision as maybe putting it out on the website for a few weeks and scheduling a public meeting and seeing what -- what the community has to say about it. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I think that's a very very good idea. I think it's ready for the public to look at and if there is some comments we need to have them back before we draft it. Very nice work done, Kyle. And it's so nice to have you at the Council meeting again. Radek: It's been awhile I guess Bird: Yeah. De Weerd: You definitely add a whole new view on it. I would ask that maybe we put together a plan on how to get it out for public comment and getting the knowledge out there that it is available for public comment. Perhaps we can come back next week with a plan for Council on how to -- what those next steps would be. So, certainly our office would love to help in that endeavor and see how we can make sure people know it's out there and have every opportunity to comment. Radek: Thank you very much, Madam Mayor. And we will come back with a -- something in writing for you to and see for outreach. De Weerd: Okay. Excellent. Thank you for being here. Radek: Thank you. Rountree: Thanks, Kyle. E. Public Works/Building & Development Services Department Report: Professional Services Agreement Between Idaho Meridian City Council September 27, 2011 Page 18 of 38 Division of Building Safety and City of Meridian for Electrical Inspection and Plan Review Services De Weerd: Okay. Our next item is Item H -- or it's removed from 9-H into 7-E and I will ask Bruce to introduce this item. Freckleton: Thank you, Madam Mayor, Members of the Council. That's a tough act to follow there, but we will do our best. Before you tonight is the -- the contract that we have negotiated between the City of Meridian and the Idaho State Division of Building Safety for the provision of electrical plan review and inspection services. Did want to mention that Kelly -- or, excuse me, Kirk Weiskircher, who is the financial manager for DBS, is here tonight in case any questions come up. He just wanted to be here to -- to be available if any questions came up. So, this contract that you have before you is based on the same terms and conditions that the past contract we had with Harold's Electric provided. We were able to reach an agreement on the compensation terms. They are identical to what we had with Harold's Electric. We feel like this is a very good contract that we have negotiated and with that we would stand for any questions you might have. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would only comment -- thank you for your work and DBS's apparently support in that as well. I think this is an excellent working out. I would just follow up on three weeks ago, four weeks ago, a month or so ago when you notified us that the contracts were all being reviewed, there was an issue at the time about the compensation and I'm pleased to hear that we have now resolved that for a year, but I do think it's fair during that year to be prepared to consider whether there might need to be a change at the end of that year and to get ahead of the curve in whatever public hearings we would need to hold about that. But I'm thrilled that it has worked out, but I'm assuming this is not the end of it. But thank you. Freckleton: Appreciate that. We do plan on probably March, April time frame we are going to be preparing the RFPs that we discussed for all five trades. So, we will be having several more discussions with you in the future. De Weerd: Oh, good. And appreciate the willingness of DBS to step up and be a partner with the city. Meridian City Council September 27, 2011 Page 19 of 38 Freckleton: Thank you, Madam Mayor. De Weerd: Okay. Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Understand this is a professional services agreement that we need to approve next; am I correct on that? De Weerd: Yeah. Hoaglun: Is it on there? Yeah. Okay. Madam Mayor, I would move approval of the professional services agreement between the Idaho Division of Building Safety and the City of Meridian for electrical inspection and plan review services for the coming year. Zaremba: Second. De Weerd: I have a motion and a second. Do I have any discussion? Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much, Bruce. Freckleton: Thank you. Item 8: Action Items A. Public Hearing: TEC 11-002 Medina Drive-Thru by Meridian Gateway Associates Located at 1653 S. Meridian Road Request: Two (2) Year Time Extension on the Conditional Use Permit (CUP 08-021) for aDrive-Thru Establishment De Weerd: Okay. Under Item 8-A the staff has requested to vacate this item, as it has been renoticed for the Planning and Zoning Commission on October 20th, 2011. So, Mr. Nary, I do need an official -- I do need a motion to vacate? Nary: Yes, ma'am. Meridian City Council September 27, 2011 Page 20 of 38 De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we vacate TEC 11-002. Hoaglun: Second. De Weerd: I have a motion and a second to vacate Item 8-A. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: MDA 11-007 Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City De Weerd: Item 8-B is a public hearing on MDA 11-007. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Since Kyle segued into conservation, I am here to discuss con -- con -- conservation with you this evening. Sorry I couldn't get that out. If you recall the director came before you back in the spring with some projects that she presented to you that applicants did not complete and did not sign their development agreements and officially annex into the city. Mr. Sgroi was one of those folks. He initiated -- he responded to the director at the time and said that he still was -- wanted to develop in the city, yet he would not -- at the time he wasn't ready to sign the development agreement. So, this property now as it sits is right on the fringe of the city boundary. It's located 3405 East Ustick Road and with the annexation of that property City Council did approve a concept plan and some conceptual elevations. The applicant is currently actively trying to market this for an assisted living facility and he does want to sign the development agreement until such time as he has a buyer for the property. So, before you this evening the applicant is requesting you grant them a two year extension to sign that DA. To staff's knowledge there are no outstanding issues before you this evening and with that I would be happy to answer any questions you may have regarding this project. De Weerd: Thank you, Bill. Council, any questions for staff? Meridian City Council September 27, 2011 Page 21 of 38 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Am I understanding that we actually did annex it before the development agreement was signed? I thought we didn't do that. Parsons: Madam Mayor, President Zaremba, Council Members, we have not officially annexed yet until he signs the DA. So, particularly this part of the approval of the annexation, meaning during this public hearing, these concept plans and these elevations, if -- if he moves forward two years from now and signs the DA, these are the concept plans and these elevations would be part of that DA. Zaremba: Okay. So, the annexation is on hold. Parsons: That is correct. Zaremba: Along with this request for the extension. Parsons: Correct. Zaremba: Thank you. De Weerd: Okay. Would the applicant like to say anything? Okay. Council? Is there any members of the public who would like to comment? Okay. Seeing no comment, do I have a motion to close this public hearing, unless Council desires more information. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-B. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council September 27, 2011 Page 22 of 38 Rountree: I move that we approve the request for a two year time extension for MDA 11-007. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-B. Council, any discussion? Bird: I have none. De Weerd: Hearing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: TEC 11-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 8-C is a public hearing on TEC 11-005. I will open this staff -- or this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next project before you is a preliminary plat time extension. The site consists of 177 acres. It's currently zoned C-N, TN-C, TN-R, and R-8. The property is situated on the southeast corner of Meridian Road and Victory Road. This is the third time extension requested by the applicant. On your hearing outline staff has outlined some additional conditions that were required with the previous time extensions. The applicant has complied with some of those and some of those they haven't, but they have been conditioned to comply with them when they final plat the property. Again staff -- well, the applicant has requested a two years time extension in order to continue processing the plat and with that staff is not aware of any outstanding issues before you this evening and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any comments? Welcome Meridian City Council September 27, 2011 Page 23 of 38 Forrey: Madam Mayor, thank you. And Members of the Council. My name is Wayne Forrey. I reside at 1952 South Wild Creek Way, Boise, Idaho. 83709. De Weerd: Thank you Forrey: I just -- well, of course, we hope this time extension is approved, but I would feel bad if I went home and my wife said how was the Council meeting and I gave her this really nice report about how positive everything is here and starting with that young lady that came up and talked about the youth and, then, the Department Reports and I'm just sitting there in awe of how things are just clicking along so positive and my wife would say, well, did you tell that to the City Council and if I didn't I would be in trouble. So, I just want to say I'm just really impressed with the energy level and enthusiasm, the volunteerism and everyone that's come up tonight has just been really working in the neighborhood level and youth level, golf, everything. I just -- I think that's pretty neat for the City of Meridian to have that kind of energy level when the economy is not too good right now, but you're making the best of it. Be happy to answer any questions about this time extension. De Weerd: Thank you. I appreciate that and in particular from someone who used to be so involved in this community and even on the other side of the microphone. Council, any questions for the applicant? Bird: Ihave none Rountree: Ihave none De Weerd: Okay. Zaremba: Madam Mayor, I just would I guess return the compliment in that Ihave -- it's been some time now, but I remember many of the details of this project and Ihave -- my assumption is that it's going to be a great addition to Meridian and I appreciate your request for the time extension, because it signals us that you have not given up on it yet. Forrey: We have not. Zaremba: And I really appreciate that. Forrey: Thank you, Councilman Zaremba. We have a strong development and we want to see it finished. De Weerd: We'd like to see that dream realized. Certainly that -- that nice community center put in, so -- Forrey: Absolutely. Meridian City Council September 27, 2011 Page 24 of 38 De Weerd: --thank you for being here. Forrey: Thank you. De Weerd: Okay. This item is a public hearing and open for any public comment. Is there anyone who would like to provide comment? Okay. Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for a two year time extension to obtain engineering signature on the final plat for TEC 11-005. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you for being here. MOTION CARRIED: ALL AYES. D. Public Hearing: MDA 11-008 Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Request: Terminate the Recorded Development Agreement (Inst. #107022433) and the Recorded Addendum (Inst. #110078719) Approved with the Annexation and Modified with the Spring Creek Ustick Project Meridian City Council September 27, 2011 Page 25 of 38 De Weerd: Item 8-D is a public hearing on MDA 11-008. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. This is, again, another DA modification before you this evening. If you recall a couple weeks ago Mr. Clegg was before you discussing his options for terminating the development agreements that govern the property. The site is situated on the southwest corner of Meridian Road and West Ustick Road. It is currently developed with a 30,000 square foot assisted living facility in which Mr. Clegg went through the process of getting a DA modification. A conditional use permit for the assisted living facility and also a certificate of zoning compliance for constructing that facility on the site. I would let Council know that the certificate of occupancy has been issued for the site, therefore, kind of solidifying that the applicant has complied with his requirements of the two development agreements and his CUP requirements as well. I would also let Council know that in the recorded DA for the site there were some provisions that weren't yet codified in the UDC at the time that they came through, but in looking through those CUPS and the CZC, conditions are in place and approved for the site that make sure that the applicant or the developer and future owners comply with those conditions as well. So, staff does feel confident that if Council does, through staff -- go with staff's recommendation tonight, that there are adequate conditions on the site that will govern the property if the DAs are terminated. I would also let Council know that we had worked with the city's legal department and reevaluated our developments and I believe Mr. Nary at some point will be going back to their staff and amending that -- that draft language in there to specifically state that the DAs wouldn't be terminated, possibly modified at the request of the applicant, not necessarily the city going back to that and initiating that process. So, we have looked into that and so we are moving forward with that as well. The intent is to let future owners or future developers know that the city does not want to see development agreements terminated. They are really meant to run with the land and that's how we -- at least that's how the planning department wants to move forward with TEC is you can modify it at the public hearing process, but we may not be in favor of terminating future agreements. I have not received any written testimony on this project. To my knowledge there aren't any outstanding issues before you this evening. And with that I would be happy to answer any questions you have. De Weerd: Thank you, Bill. Any questions from Council? Okay. Would the applicant like to comment? Good evening, Doug. If you will, please, state your name and address. Clegg: I will. Thank you, Madam Mayor. My name is Doug Clegg and I live at 1342 East Covey Run Court in Eagle, Idaho. Just -- only just to reconfirm that I appreciate the city's willingness to consider the circumstance -- the language that's currently in the development agreement has created for us with lending and I'm thankful that legal counsel is working with Planning and Zoning to amend that template so that future developers don't have the complications that we seem to be going through right now Meridian City Council September 27, 2011 Page 26 of 38 and Ihope -- at least to our review from our legal team and your Planning and Zoning and Bill Nary have concluded with the same things that Bill has recommended and that is that the CUP and the CZC have language that is staying with the property to control either our decisions or any future owner's decisions on us, so I -- that's kind of a no brainer. But at least wanted to share that with you. Thanks. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Doug, just to be clear, the issue has been resolved with your lender and -- do you believe that anyway? Clegg: The issue is predicated upon our ability to have -- because they are reviewing this as Bill and Bill with the same set of eyes, that the language is there that that states that if we comply that development agreement should be terminated and I think I expressed in our last meeting that since there is a tendency to have staff and/or elected officials change their position, the title company's position is that if that happened and there was a new ownership and need to refinance or call in the note, that it would put their -- their deed of trust at risk. The CZC and the CUP, as they are viewing it, has most or all of the language that the development agreement currently has, which protects the church next to us and a lot of those other details that are there. So, to answer your question, yes, they are excited if we -- if we terminate the development agreement, so yes. Rountree: Depending on our action. Clegg: Yes. That is true, sir. Rountree: Yes. Thank you. De Weerd: Okay. Anything further from Council? Thank you, Doug. Clegg: Thanks. De Weerd: This is a public hearing. Is there anyone who would like to comment on this item? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-D Meridian City Council September 27, 2011 Page 27 of 38 Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-D, MDA 11-008, terminating the development agreement for the Ashtyn Park. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. Is there any comment? Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Go sign that loan. De Weerd: Get her open. De Weerd: Okay. Item 8-E is a public hearing on MDA 11-009. I will open this public hearing with staff comments. E. Public Hearing: MDA 11-009 Grau Property by Bill Grau Located at 4135 W. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City Parsons: Thank you, Madam Mayor, Members of the Council. Again, this is another development agreement modification for Bill Grau. This property came before you in 2007. It is -- the preliminary plat accompanied the annexation request. I would let Council know that that preliminary plat has expired. Mr. Grau was again extended that opportunity to extend his annexation and signing of his DA at this time. Staff met with the applicant and kind of informed him of the process and so he's here tonight if you have any questions of him. This property is located on the south side of Cherry Lane, Meridian City Council September 27, 2011 Page 28 of 38 midway between Black Cat Road and North Ten Mile. The site consists of approximately one acre and it's currently zoned R-1 in the county. As I mentioned to you, the front portion of the property at the time that he came in and presented the project to you was to be zoned L-O and the back half ortwo-thirds of the property -- the southern half of the property was to be zoned R-8. Since that property would have a split zoning if -- if this plat was -- because this plat's no longer valid, staff has concerns with split zoning on the property if you were initiate the DA at this time. Currently in the draft provisions of the DA it's stated in there that would comply with his preliminary -- the preliminary plat that was approved with this annexation request and, again, because that is expired, it is, essentially, requiring him to come back and plat the property in order to get out of that split zoning requirement. So, in this particular case staff is recommending that we do, indeed, amend the draft DA and amend DA provision number one to read with future development -- or prior to any development on the site the applicant would come back and plat the property in accordance with the UDC prior to any development on the site. So, that's how we have it read and that's how we have it in the hearing outline. To my knowledge there aren't any other outstanding issues before you this evening and with that I would be happy to answer any questions you may have. De Weerd.: Thank you, Bill. Council, any questions for staff? Does the applicant have any comment? Thank you. Okay. Is there -- Joann or Frank, you want to make any testimony on this? Okay. Okay. Council, there is no further testimony. I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close Item 8-E. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-E, MDA 11-009 with the allowable time extension with the DA modification as recommended by staff. Zaremba: Second. Meridian City Council September 27, 2011 Page 29 of 38 De Weerd: Okay. I have a motion and a second to approve Item 8-E. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you for joining us. MOTION CARRIED: ALL AYES. Item 9: Continued Department Reports A. Mayor's Office: Resolution No. 11-807: A Resolution Re- Appointing Jennifer Pike to Seat 8 and Re-Appointing Daniel Basalone to Seat 9 of the Meridian Development Corporation De Weerd: Okay. Item 9-A is Resolution No. 11-807. Council, this is to reappoint Jennifer Pike to Seat 8 and Daniel Basalone to Seat 9 of the MDC. Are there any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no questions or comment, I move that we pass Resolution No. 11-807. Zaremba: Second. De Weerd: I have a motion and a second. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Mayor's Office: Resolution No. 11-808: A Resolution Appointing David Winder to Seat 4 of the Meridian Development Corporation De Weerd: Item 9-B is also a resolution for the MDC. It's proposed -- or it's Resolution No. 11-808. It's appointing David Winder to Seat 4. Council, do you have any questions? Bird: Madam Mayor? Meridian City Council September 27, 2011 Page 30 of 38 De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 11-808. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor's Office: Resolution No. 11-809: A Resolution Re- Appointing David Fulkerson to Seat 1, Gene Strate to Seat 2 and Kent Mortensen to Seat 3 of the Meridian Impact Fee Advisory Committee De Weerd: 9-C is resolution 11-809. Council, this is a resolution that reappoints David Fulkerson to Seat 1, Gene Strate to Seat 2, Kent Mortensen to Seat 3 for the Meridian Impact Fee Advisory Committee. I would ask if you have any questions at this time? Hearing none, do I have a motion to approve? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we approve Resolution No. 11-809 Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-C. 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. D. Police Department Report: Receive Spending Authority for an Office of Justice Assistance Grant (JAG) in the Amount of Meridian City Council September 27, 2011 Page 31 of 38 $27,021.00 -Match Grant De Weerd: 9-D we have our Police Department report and as our deputy chief comes forward, I would like to just extend my appreciation this morning at the Police Department they held their Recovery Day event and this is the 6th year that this has been held at the Meridian Police Department. Every year it's inspirational and very appropriate ceremony to recognize our treatment providers, both nonprofit, profit, and faith and as well to celebrate those in recovery and so our appreciation to you and your staff, Tracy, and also to Councilman Zaremba and Councilman Hoaglun for joining us. Basterrechea: All right. Thank you. The reason I'm here tonight initially is we are looking to receive our spending authority for the Office of Justice Assistance Grant, the Edward Byrne Memorial Justice Assistance Grant in the amount of 27,021 dollars. This is not a matching grant, the city does not have to match any funds with this. This is completely funded through the Edward Byrne Memorial JAG Grant and we are going to use the money to purchase mobile computer terminals, as well as new handguns to replace some of our handguns that are over ten years old and as well as do upgrades to our duty belts for all of our offices and, finally, we are going to purchase a crisis response phone system for our crisis negotiators, so that they can record those conversations with people in a crisis situation. De Weerd: Thank you. Council, any questions on this item? Bird: I have none. De Weerd: Okay. Congratulations on this. We like that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of the spending authority for an Office of Justice Assistance Grant in the amount of 27,021 dollars to the Police Department. Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Resolution No. 11-810: Adopting Administrative Policy of the Meridian City Council September 27, 2017 Page 32 of 38 Meridian Police Department Establishing Leads Online as the Approved Method of Transmitting Records of Regulated Transactions to Meridian Police Department De Weerd: Okay. Next item is also the Police Department. Basterrechea: And what we are looking for here is we want to establish an administrative policy which is establishes Leads Online as our approved method for precious metal dealers to transmit their records of regulated transactions to the police department. We have used Leads Online for the last six years with our pawn shop owners as well and it just makes sense to use the same system with our precious metal dealers. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: My comment further -- and this is what Leads Online is used around the state by law enforcement agencies and it is something that if something is stolen, you're looking for it, you can put the picture on there, other agencies will be able to look at that as well and so it's something that really will help our law enforcement here in Meridian and throughout the state to be a part of and have that as part of our main system. So, if no one has any questions, I'm ready to make a motion. Bird: Do her. De Weerd: Okay. Hoaglun: Madam Mayor, I move approval of Resolution No. 11-810. Zaremba: Second. De Weerd: I have a motion and a second to approve item 9-F. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Basterrechea: Thank you. I. Legal Department: Findings of Fact, Conclusions of Law for Approval for MDA 11-005 Walmart-Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner Meridian City Council September 27, 2011 Page 33 of 38 of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan De Weerd: Okay. Both Items 9-G and H were moved to an earlier agenda item. I will ask for Mr. Nary's comments on Item 9-I. Nary: Madam Mayor, Members of the Council, Joann Butler is here tonight on this item as well. If you recall about a month ago the Council in the modification development agreement gave direction -- this is regarding the fence for the Walmart parcel and the discussion at the time was getting approval from the adjacent property owners to replace the fence and the Council's direction was either to replace the fence or the staff's original recommendation was to plant sufficient landscaping, essentially, as a shield and a buffer for those adjacent parcels. So in that last month Mrs. Butler and her staff have been working with the homeowners association to get those approvals and they got approvals, but I think Mrs. Butler's concern is valid, that the approvals are somewhat unclear as to what the people are actually approving and so she wanted to discuss with the Council some potential change of that language if the Council would be comfortable, and I will maybe let Mrs. Butler take it from that point and explain some of the issues here. De Weerd: Thought may be she had been punished for being last on the agenda. Butler: Just felt that way. No. Joann Butler. 251 East Front Street in Boise. And I will pass out a copy of the existing condition attached to the development agreement regarding the eight foot vinyl fence, the proposal by staff and what we are proposing tonight. Nary: And if we really wanted to punish her we would put the Executive Session in front of hers, but we didn't, so -- Rountree: Why not? Butler: Thank you. We really did -- we appreciated the Council direction 30 days ago -- roughly 30 days ago to try to work with the neighbors on trying to implement the conditions from I think 2008 to replace the existing white vinyl fence with an eight foot vinyl fence. Trace Alcovich from the neighborhood association was very active trying to get the various consents from the neighbors. The consents did range from wanting a taller fence, an eight foot vinyl, stone, block, whatever -- and there wasn't a consensus that was reached. We are concerned that we wouldn't be able to get construction easements all along the existing property line, so what we are proposing -- and our engineer has indicated that we could put up a fence between six and eight inches from the existing fence, make sure that it goes up, allow the neighbors to connect to that Meridian City Council September 27, 2011 Page 34 of 38 fence, take down their fence and I have to say that the neighbors are not quite of one mind as to who actually owns the fence and Mr. Alcovich indicated that the association is not clear whether it owns -- whether the existing neighbors do. So, strictly I think that the recommendation of the staff was just do the landscaping, don't worry about the fence, but we appreciate what the Council said and we know that the neighbors want a fence and so we want to make sure that we have got a condition that we can comply with, so we want to make it a requirement to put that fence in. We are also doing the landscaping. This doesn't mean in lieu of the landscaping. So, it would be the fence plus the landscaping and that means that we would have a condition that we could comply with. I have also told Mr. Alcovich -- and I have mentioned it to staff -- that doesn't mean that we --just because we put a condition in place that we know we can comply with, we can continue talking about this. This is not happening tomorrow. That over time if the -- if we are able to get correct or appropriate construction easements along that length, we can actually put the fence in place. But we just want to make sure that we don't have an impossible condition attached to the development agreement. So, that's what we'd propose and thank you. De Weerd: Thank you. Any questions, Council? Bird: I have none. Rountree: I have none. Bird: Good job De Weerd: Okay. Council, I imagine that -- and Mr. Nary can correct me if I'm wrong -- that we would need to have the new language added a motion. Nary: Madam Mayor, yes. I think if the Council -- Madam Mayor, Members of the Council, if the Council's intent -- you feel that replacing the existing fence, that this new language would simply clarify that, that you're still getting, essentially, what was discussed, which was a fence along the property boundary and instead of replacing the existing fence, essentially board by board, we are going to replace it with a new fence that's adjacent to their property, so that it still serves the purpose, then, really, your motion can just be proposing this language change. I think it would still need to be corrected by planning and, then, brought back next Tuesday for final approval, but rather than having another hearing to have this particular issue, we feel this satisfies that. If you don't think that's satisfactory and you think another hearing is warranted, that's certainly your option to do that as well. De Weerd: So, Bill, were -- were the neighbors -- or at least the homeowners association aware that this was in front of Council tonight? Meridian City Council September 27, 2011 Page 35 of 38 Nary: Madam Mayor, Members of the Council, as far as I know they were aware it was in front of Council tonight. It was on -- it's been on the agenda since the last time it was set. But I don't know that they were specifically told about it. Hood: Madam Mayor, I can only answer that we -- we didn't notice this as a public hearing, but as Mr. Nary indicated, it's on that agenda on the website and other various forms, so I don't know that anybody knocked on doors or -- I know we didn't send out notices, but certainly it's public information, so it's out there, but, no, we didn't do invites. Butler: Joann Butler again. I met with Mr. Alcovich on site last week. I guess it was Thursday. And he was aware and we talked about the fact that this was up before the Council, so I do believe they understood that. Thank you. De Weerd: Thank you Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Without -- if we have no further discussion -- and I -- we have all been privy to the e-mails that went back and forth between the applicant and homeowners and stuff and I think they have kept them very well informed. I would move that we include the proposed language by the applicant as printed -- do I need to read it or just -- Nary: It's provided in writing, so I think that's fine. Bird: As provided in the writing by the applicant. Rountree: Second. De Weerd: I have a motion and a second to approve the new language approved -- or proposed by the applicant to brought back next week. Okay. 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. Item 10: Ordinances A. Ordinance No. 11-1496: An Ordinance Amending Title 1, Chapter 5, Section 1 of the Meridian City Code, Regarding the Corporate Seal of the City of Meridian Meridian City Council September 27, 2011 Page 36 of 38 De Weerd: Item 10-A is proposed -- or Ordinance No. 11-1496. I will ask Madam Clerk to, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1496, an ordinance amending Title 1, Chapter 5, Section 1 of the Meridian City Code regarding the corporate seal of the City of Meridian and providing an effective date. De Weerd: Okay. Any comments? Or is there anyone who like to hear it read in its entirety? Any questions or comments from Council? Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we adopt, approve Ordinance No. 11-1496 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Any comments or -- Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Okay. Under Item 11. Council, any items of interest that we need for future meetings? Bird: I have none. Rountree: I have none. Item 12: Amended onto the agenda at start of meeting: Executive Session Per Idaho State Code 67-2345 (1)(d)(f) -(d) To Consider Records That Are Exempt From Disclosure as Provided In Chapter 3, Title 9, Idaho Code; and (f) To Consider and Advise its Legal Representatives in Pending Litigation Meridian City Council September 27, 2011 Page 37 of 38 De Weerd: Anything from staff? Okay. Item 12 is Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d) and (1)(~• Hoaglun: Second. 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. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:30 p.m. to 8:59 p.m.) Bird: -- moved to come out of Executive Session. Rountree: Second. De Weerd: I have a motion and a second come out of executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council September 27, 2011 Page 38 of 38 i ~ MAYOR f,Pcf, Y De WEERD ,TED AU~~s~ 0~ '~ ~~ r~~ City of ~ ID~AN~ ~ IDAHO 9~ ~ C'~, VGIIL r+r~- f ~~~ ra~AS~ ~~~~ ~!~ DATE APPROVED ATTEST: JA E OLM N, CITY CLERK