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HomeMy WebLinkAbout2013-01-15~~E IDIAN:~- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, January 15, 2013 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Troop #156 Meridian Greens LDS Ward 3. Community Invocation by Dave Duron with Meridian First Baptist Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. Approve Minutes of January 2, 2013 City Council Special Pre Council Meeting B. Approve Minutes of January 2, 2013 City Council Special Meeting C. Purchasing Authority Correction for the Meridian/Main Split Corridor Phase 2 Project with Ada County Highway District (ACRD) and Approval of the Project and Purchase Order Request for the Not-To-Exceed Amount of $2,526,584.00 Moved this to Item 6 (Pg 4-5) D. Development Agreement for Approval: AZ 12-010 SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-G Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 12-013 Locust Grove Water Reservoir #2 by City of Meridian Public Works Department Located at East Side of S. Locust Grove Road, Approximately 1/4 Mile South of E. Victory Road Meridian City Council Meeting Agenda -Tuesday, January 15, 2013 Page 1 of 3 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. Request: Annexation and Zoning of Four (4) Acres of Land with an R-4 Zoning District F. Findings of Fact, Conclusions of Law for Approval: CUP 12- 017 Locust Grove Water Reservoir #2 by City of Meridian Public Works Department Located East Side of S. Locust Grove Road, Approximately 1/4 Mile South of E. Victory Road Request: Conditional Use Permit Approval for Public Infrastructure in a Proposed R-4 Zoning District, Consisting of Two (2) Million Gallon Municipal Water Storage Facility G. Findings of Fact, Conclusions of Law for Approval: PP 12-014 Karmelle by Providence Management, LLC Located East of S. Eagle Road and South of E. Victory Road Request: Preliminary Plat Approval of 43 Residential Lots and 12 Common Lots on 16.13 Acres in an R-4 Zoning District 6. Items Moved From Consent Agenda Item 5C Moved to Item 6. Approved (Pg 4-5) 7. Action Items A. FP 12-021 Hacienda Subdivision No. 3 by Jayo Construction, Inc. Located East of N. Meridian Road on the East Side of N. Rio Lomas Avenue Request: Final Plat Consisting of 10 Building Lots on 1.25 Acres in an R-8 Zoning District Approved (Pg 6-7) B. FP 12-020 Hacienda Subdivision No. 2 by Jayo Construction, Inc. Located East of N. Meridian Road on the South Side of E. Cholla Hills Street Request: Final Plat Consisting of Seven (7) Building Lots on 0.86 of an Acre in an R-8 Zoning District Item 7B moved to 7A. Approved (Pg 5-6) C. Public Hearing: MDA 12-009 Southridge by The Land Group Located South of W. Overland Road Between S. Ten Mile Road and S. Linder Road Request: Public Hearing: Modification to the Development Agreement Continued to February 19, 2013 (Pg 7-8) 8. Department Reports A. Fire Department: Budget Amendment for Public Education/Prevention for a Not-to-Exceed Amount of $19,970.00 Approved (Pg 8-9) Meridian City Council Meeting Agenda -Tuesday, January 15, 2013 Page 2 of 3 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. B. Legal Department: Discussion of Resolution for Impact Fee Postponement for Joint School District No 2 Motion Approved to Suspend Collection of Fees for Willowcreek (Pg 9-13) C. Resolution No. 13-904: Impact Fee Postponement for Joint School District No 2 Resolution will be on next agenda (Pg 13- 9. Ordinances A. Ordinance No. 13-1538: AZ 12-010 SGI by G4 Acquisitions, LLC Located 2420 N. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-G Zoning District Approved (Pg 14) B. First Reading of Ordinance No. 13-1539: Adoption of 2009 Uniform Plumbing Code and City of Meridian Amendments (Pg 14-15) 10. Future Meeting Topics None 11. Other Items (Pg 16-17) A. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:30 p.m. Out of Executive Session at 7:48 p.m. Adjourned at 7:48 p.m. Meridian City Council Meeting Agenda -Tuesday, January 15, 2013 Page 3 of 3 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 January 15, 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 15, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Clint Dolsby, John Overton, Chris Amenn, Steve Siddoway, Keith Watts and Dean Willis. Item 2: Pledge of Allegiance. De Weerd: Thank you all for joining us here this evening. I would like to put special thanks out to Troop 156 with the Meridian Greens LDS Ward. Thank you, young men, for joining us this evening. It's too bad we couldn't recruit one of you to lead us in the Pledge of Allegiance, but -- Holman: Madam Mayor? De Weerd: Maybe next -- yes. Holman: They are all coming up, Madam Mayor. De Weerd: Well, great. See how quickly that worked. We have James, Jared, Spencer, and Skyler and we will just wait for your instructions, so I will turn it over to you young men. Zaremba: Do roll call first? De Weerd: No. (Pledge of Allegiance recited.) De Weerd: I do have some City of Meridian pins, if you would like to come forward I will give one to each of you. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Meridian City Council January 15, 2013 Page 2 of 16 De Weerd: Okay. Now, Madam Clerk, I will start with roll call attendance. Item 3: Community Invocation by Dave Duron with Meridian First Baptist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Dave Duron. Thank you for joining us. He is with Meridian First Baptist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Duron: Heavenly Father, we thank you, Lord, for the privilege that we have in this country and the freedom that we have and, Lord, realizing you have established your government servants for our good and, Lord, we pray that you would guide and direct the proceedings tonight and even throughout the year as -- and that we would see your blessings upon them and our city and our people. Lord, thank you for all that you do, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of changes to tonight's agenda. Under the Consent Agenda, 5-C, staff has requested to move this to Item 6 and we will do that. Under Action Items, 7-A and B, we need to flip those around, so we have FP 12-020 before FP 12-021. So, we can do that as well. And 7-C, the applicant has requested this continue to February 19th. And under 8-C that resolution is 13-904. Under 9-A, Ordinances, is Ordinance No. 13-1538 and 9-B is Ordinance No. 13-1539. With that, Madam Mayor, I move adoption of the agenda as amended. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of January 2, 2013 City Council Special Pre Council Meeting Approve Minutes of January 2, 2013 City Council Special Meridian City Council January 15, 2013 Page 3 of 16 Meeting D. Development Agreement for Approval: AZ 12-010 SGI by G4 Acquisitions, LLC Located 2420 IV. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-G Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 12-013 Locust Grove Water Reservoir 2 by City of Meridian Public Works Department Located at East Side of S. Locust Grove Road, Approximately 1/4 Mile South of E. Victory Road Request: Annexation and Zoning of Four (4) Acres of Land with an R-4 Zoning District F. Findings of Fact, Conclusions of Law for Approval: CUP 12- 017 Locust Grove Water Reservoir #2 by City of Meridian Public Works Department Located East Side of S. Locust Grove Road, Approximately 1/4 Mile South of E. Victory Road Request: Conditional Use Permit Approval for Public Infrastructure in a Proposed R-4 Zoning District, Consisting of Two (2) IVlillion Gallon Municipal 1/Uater Storage Facility G. Findings of Fact, Conclusions of Law for Approval: PP 12-014 Karmelle by Providence Management, LLC Located East of S. Eagle Road and South of E. Victory Road Request: Preliminary Plat Approval of 43 Residential Lots and 12 Common Lots on 16.13 Acres in an R-4 Zoning District De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted 5-C we are removing that from the Consent Agenda and with that change I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 15, 2013 Page 4 of 16 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda C. Purchasing Authority Correction for the Meridian/Main Split Corridor Phase 2 Project with Ada County Highway District (ACRD) and Approval of the Project and Purchase Order Request for the Not-To-Exceed Amount of $2,526,584.00 De Weerd: There were no items moved from the Consent Agenda -- Hoaglun: 5-C. De Weerd: Well, see, I'm -- this cold medicine. I apologize. Item 5. Hoaglun Item 5. De Weerd: 5-C. Hoaglun; Keith? Watts: Good evening, Madam Mayor, Council Members. Back in December the ACRD agreement for the split corridor phase two was brought to Council for approval and the dollar amount stated on the agenda and recorded in the meeting minutes was the actual dollar amount of the ACHD contract. The backup paperwork that was submitted with the agreement had all the correct documentation in there and there was three additional items that were requested. When I received my purchase order request I caught this that the dollar amount didn't match the amount on the agenda and the minutes and the difference on that was a ten percent contingency, the city's share of the alternate business access that were put in, and also the city's share of the contractor incentive. So, I just wanted to bring this back to your attention and get this stated for the record that the request for the purchase order is for the amount of 2,526,584 dollars. That includes the original construction bid amount of 2,024 -- or $2,024,167.42, which is the amount that was placed on the December 11th agenda and, then, the contingency amount of $202,416.58, 125,000 dollars for the city's share of the alternate business access, 175,000 dollars for the contractor incentive for the city's share of that. This documentation provided to you originally on the December 11th agenda and this dollar amount is included in the budget for this year. De Weerd: Okay. Council, any questions on this item? I would entertain a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council January 15, 2013 Page 5 of 16 Zaremba: I move we approve what was originally Item 5-C, purchase authority correction for the Meridian-Main Corridor Phase Two project with Ada County Highway District and approval of the project and purchasing order and request for the not to exceed amount of 2,526,584 and authorize the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Action Items B. FP 12-020 Hacienda Subdivision No. 2 by Jayo Construction, Inc. Located East of N. Meridian Road on the South Side of E. Cholla Hills Street Request: Final Plat Consisting of Seven (7) .,Building Lots on 0.86 of an Acre in an ~-0 Toning ®istrict . De Weerd: We did have a request to move Item 7-B ahead and 7-A. So, I would take staff comments on 7-B, FP 12-020. Chatterton: Madam Mayor, Council Members, this is a final plat. Hacienda Subdivision No. 2. The site consists of .86 of an acre. It's currently zoned R-8 and is located approximately a quarter of a mile south of Chinden and east of North Meridian Road. The applicant has submitted a final plat consisting of seven single family residential building lots. The plat is a resubdivision of 12 lots in the Hacienda Subdivision and is the first phase of Hacienda East Subdivision. We have reviewed the final plat for consistency with the approved preliminary plat and found it to be in substantial compliance. Testimony since the Commission hearing. Jon Breckon, the applicant, testified and is in agreement with the staff report. So, we have no outstanding issues for you and we recommend approval with the conditions. Happy to answer any questions you might have. De Weerd: Thank you, Bruce. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any comments? Okay. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 15, 2013 Page 6 of 16 Bird: I move that we approve FP 12-020, final plat for the Jayo Construction and to include all staff and application comments. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-A, it's FP 12-020 -- 7-B. I did get the right number. I'm batting really poorly tonight. Okay. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. A. FP 12-021 Hacienda Subdivision No. 3 by Jayo Construction, Inc. Located East of N. Meridian Road on the East Side of N. Rio Lomas Avenue Request: Final Plat Consisting of 10 Building Lots on 1.25 Acres in an R-8 Zoning District De Weerd: Item 7-A is FP 12-021. Mr. Chatterton. Chatterton: Madam Mayor, Council Members, Hacienda Subdivision No. 3 is also a final plat and this is in the same general location as the previous item you just approved. The site consists of one and a quarter acres. Is also zoned R-8, located approximately a quarter mile south of Chinden and, then, east of north Meridian Road. The applicant is requesting approval of a final plat consisting of ten single family residential building lots on an acre and a quarter of land. The plat is a resubdivision of 16 lots in Hacienda Subdivision and is the second phase of Hacienda East Subdivision. We have reviewed the final plat for consistency with the approved preliminary plat, found it to be in compliance. Testimony since the hearing -- Jon Breckon, also the applicant again in this case, was in agreement with the staff report. No outstanding issues and we recommend approval with conditions. Happy to answer any questions. De Weerd: Thank you, Bruce. And, by the way, it is pleasant having you as the staff member. Chatterton: Apparently my training wheels have fallen off, so -- Hoaglun: Madam Mayor, just to comment on that, it's good to see Bruce here, and these are the easy ones, though, I notice, so -- Chatterton: Yeah. My staff trusts me just so far. De Weerd: I understand that. Applicant have any comments on this? Thank you very Meridian City Council January 15, 2013 Page 7 of 16 much. Council? Bird: I have none. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 12-021 for No. 3 for Jayo Construction and include staff and applicant comments. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-A, FP 12-021. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All. ayes. Motion carried MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Flearing: MDA 12-009 Southridge by The Land Group Located South of W. ®verland Road Between S. Ten Mile Road and S. Linder Road Request: Public Hearing: Modification to the Development Agreement De Weerd: Item 7-C is a public hearing on MDA 12-009. I will open this public hearing with staff comments. Chatterton: Madam Mayor, Council Members, this item, Southridge MDA 12-009, the applicant is requesting a continuance to February 19th, 2013. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we continue the public hearing on MDA 12-009 to our meeting on February 19th, 2013. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 7-C to February 19th, 2013. All those in favor say aye. All ayes. Motion carried. Meridian City Council January 15, 2013 Page 8 of 16 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: ®epartment Reports A. Fire ®epartment: Budget Amendment for Public Education/Prevention for a Blot-to-Exceed Amount of $19,970.00 De Weerd: Item 7 -- or 8-A is under our Fire Department. I will turn this over to Chief Amenn. Amenn: Thank you, Madam Mayor, Council. We are coming before you tonight to ask for a budget amendment in the amount of 19,950 dollars. This is money that we received last year in the form of cash donations from a number of agencies, the Walmart Foundation, the Light My Fire Foundation, and private citizens. We received a Federal Emergency Management grant at the end of last year to fund our smoke detector program and that consumed all of our time with our public education efforts. We didn't want to spend that money foolishly without having a purpose for it, so we were able to put that into the General Fund to save that for now. We have developed a program .which we would like to spend that.money for and are asking for.an amendment to bring it back out of the General Fund. De Weerd: Okay. Council, questions for the chief? Thank you. Mr. Bird. Bird: I move we approve the budget amendment for the Fire Department for public education and prevention for the amount of 19,970 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-A. I will call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT.. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: I forgot to ask Chief Amenn -- the Light My Fire you mentioned that in the report. That is coming up again in February; do you know when -- Amenn: Yes. February 9th. Meridian City Council January 15, 2013 Page 9 of 16 Hoaglun: February 9th. Amenn: Yes. There are still tickets available. It funds a lot of the fire prevention education activities we do throughout the valley. Hoaglun: Okay. Great. Thank you. De Weerd: And, certainly, as has been noted, Meridian has benefited from these fundraising efforts and it's greatly appreciated. So, as I gave you all an invitation when they were here before, certainly we would love to see you all there in attendants. And spending your money, by the way. B. Legal Department: Discussion of Resolution for Impact Fee Postponement for Joint School District No 2 De Weerd: Okay. Item 7 -- or 8-B is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We have been actively .engaged. in .conversations with the Joint .School District No. 2 in .regards .use.. of their facilities and also their payment of various fees for development applications for different buildings and the like. We have been working that agreement and we have reached a circumstance currently that we wanted to bring to your attention and get some direction. There is a project that they I think have submitted because there is some time element that is critical and this is an elementary school in the northwestern portion of the city. I think it's called Willowcreek Elementary and because we are in the midst of these negotiations we haven't finalized the specifics of what fees we may be willing to set off or versus the uses of their facilities in relation to that. We don't have any finality to that, but we wanted to ask your direction of whether or not it would be appropriate for us to bring aresolution -- and we can certainly do it one of two ways. We can do a resolution specific to this one project with the school district or we can bring one that may anticipate other projects over the next several months and I don't honestly know specifically if they have a bunch waiting for us to -- to bring them forward or not, but what we wanted to know if it would be appropriate to bring a resolution to suspend the collection of some of the fees and I think Mr. Chatterton may have some -- some feedback as well in trying to determine what specifics -- I mean there is certain fees that we collect that we could certainly suspend the collection of at the outset, like impact fees, they pay us some of our impact fees for schools, they don't pay all of them. But we also have development fees. Some of them are things that have a hard cost to them that may be difficult for us to even suspend at the outset for the Public Works portions of development, but some of them are things that are based on fees that we pay our contractors and inspectors, some of them are fees that we pay for staff review and such. So, our thought was to bring a resolution for you for at least the individual project with the ability to suspend the fees that do not need to be collected now, that we anticipate an agreement coming forward to you in the next few months. If it doesn't Meridian City Council January 15, 2013 Page 10 of 16 ~ come forward, if we can't reach resolution on an agreement, then, the fees would be owed at a later point in time, whether at the certificate of occupancy stage or some other point. But that was -- that was our mind set. Like I said, I think we -- Bruce and I have had a couple conversations about it and we have talked about it as a group with our senior leadership in trying to get the specifics it might be problematic from a resolution standpoint to do that. But if you're comfortable with us bringing a resolution just saying we are going to not collect the fees, we will calculate them, we will certainly hold them off, but it's really just trying to determine what we could not collect up front and which things maybe need to be collected for it to move forward. And I may have butchered that, Bruce, so you can certainly clear that up if that's okay. But that's the direction we are seeking is if it be all right with the Council if we were to bring a resolution like that so we can continue to move the project forward, because they do have some time limitations on when they need to get the school built and opened. Chatterton: And, Madam Mayor and Council Members, Mr. Nary said it very well. Our understanding in principle -- of course the decision is yours, but our discussion with the school district has really resulted in a recognition from the school district staff that we do have, quote, unquote, hard costs, the contractors, the staff time. Really, it would be what we would charge for the building permit minus what we pay to the contractors. And that's the number that's a little hard to nail down, because they are different for the different individual contracts that we .have negotiated with. -- with our various outsource providers. So, yeah, I just wanted to clarify that. De Weerd: And generally, Bruce, don't you know that upon application with the information on square footage and that sort of thing, you can calculate what our inspectors would be getting, what those hard costs would be? Chatterton: Yes, Mayor. Once we have the permit in front of us we can make those calculations. Without the permit drawings in front of us it's pretty much a shot in the dark as far as what those costs would be. De Weerd: Well, certainly I know that staff has expended significant time on this conversation, including our director Mr. Siddoway. It's all the taxpayer dollars and we -- we do like to see that we make their dollar go as far as possible, especially in this day and age. So, what you're suggesting is to bring back a resolution and detail on what those hard costs would be and so what specifically would be waived on this particular item -- or application and we will look at a longer term and I think, Mr. Nary, if remember correctly, the school district and ACRD have reached a similar resolution where ACRD does not charge them any impact fees. Nary: That is -- Madam Mayor, Members of the Council, that is correct. We looked in some of the language. It might be a little broad for what we are looking for, because I think they waived all fees on both sides. Here there are some costs that, obviously, we can't. So, I think some of it is going to be a little bit different, but for the purposes of the resolution I think we are just looking at suspending as much as possible so that they can move it forward without delay. Meridian City Council January 15, 2013 Page 11 of 16 Chatterton: And Mayor and Council Members, Steve just reminded me there is a second project coming in and that's a major renovation to Meridian High. So, I'm sure that -- De Weerd: So needed. Chatterton: So, I'm sure there is a sense of urgency from the school district on this. De Weerd: And so if we don't have the paperwork to do it for the longer term, we will probably have to do that by specific resolution as well. Nary: Yes. De Weerd: Okay. Council, any questions? Hoaglun: Yeah, Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under 8-C there .is a.resolution there.. Bill, what resolution is that parti.cula.r one? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun. That's the resolution that we were hoping to have for you to review tonight, but we have kind of hit a snag on trying to get the language correct on whether it's a single project or more, so there is no resolution behind that, so we can take that off and bring that back hopefully next week I think is our intent. Hoaglun: So, are you just looking for a consensus among Council to -- for this single project to -- to move forward? Collect hard costs, but waive the soft costs -- Nary: And suspend -- Hoaglun: To suspend. Yes. Suspend is the right word. Thank you. De Weerd: So, we would look for a motion as such and next week we would come back with a resolution affirming what your action is this evening. That way when the school district comes in we can tell them we had the motion and direction by Council and the resolution would confirm that next week. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't know if this helps to clarify or not, but I just wanted to comment -- you Meridian City Council January 15, 2013 Page 12 of 16 __ you made the comment that it's all the taxpayers' money and I know it's been said in different pieces, but -- but the whole point of this, as I understand it, is among many of our local governments there are these no exchange fee agreements, because administrative time to bill and collect is something that we all can save and we are serving the same constituency and the same taxpayers and the underlying agreement that we are talking about is an agreement between the city and the Joint School District No. 2 to find those fees that we don't need to charge each other with the assumption this is a two way street. There are some things they don't charge us for, which they have been charging and some things we won't charge them and I am very much in favor of that. I hope that is worked out. The question at the moment is a fee that might be due before that's worked out and do we want to put that off and that's really what the question is tonight. Before there is a final agreement on what we are not going to charge each other, if something comes up would we not waive, but at least suspend and very possibly the new agreement would waive it -- a fee and I'm in favor of that and I would suggest the consensus that we have a resolution on that to vote on next week. De Weerd: Mr. Chatterton or Mr. Siddoway, did you have something to add? Chatterton: Madam Mayor, Council Member Zaremba, yeah, you make a good point. think that -- I don't know the exact language for the resolution, what I hope it says, as opposed to specific nt,imbers, is it says that the.-- I'm talking about building permit fees here, as opposed to impact fees -- that the building permit fees to be paid will be those that we pay to our contractors. So, we are really -- really, it's the building permit fee for that particular item, less our hard costs and, hopefully, we can come up with language which describes that well enough, so that they know what is required and we do, too. And until we have the -- the actual plans it's difficult to -- as I said it's a bit of a shot in the dark. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bruce, we don't have the -- they haven't applied for the permit yet, have they, for Willowcreek? Chatterton: Madam Mayor, Council Member Bird, I don't believe they actually have applied as yet. Bird: I think if we get this done within the next week we will be fine. And I'm in agreement, let's get it taken care of and waive everything, but hard costs. De Weerd: Well, thank you, and I know they do want to file the plans. They have been kind of waiting for what Council's decision is on this. They didn't want to -- to submit their plans and upon submittal need to pay the fees. So, they are just waiting for the discussion by you all. Meridian City Council January 15, 2013 Page 13 of 16 Bird: We don't make them pay the fee before they submit -- or when they submit. Chatterton: Madam Mayor, Council Member, they are normally due at the time the permit is pulled. So, after the review takes place. Bird: The permit is pulled. Chatterton: That's correct. Bird: So, they got some time. De Weerd: Okay. Well, Council, we will await your direction. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I'm in agreement we need to take a close look at this thing. I think we are on the right track. We will let staff finalize the language. So, I would move that we suspend the collection of fees for Willowcreek and await staff action on a resolution that will be returned to. us for f~~ture action. Bird: Second. De Weerd: I have a motion and a second. I will call roll call. You want me to call it? Holman: Madam Mayor, I thought you were saying you would call roll call. De Weerd: Sure, I will call it. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Resolution No. :Impact Fee Postponement for Joint School District No 2 De Weerd: Okay. So, Item 8-C is -- will be put off until we get rewritten resolution. Is that correct, Mr. Nary? Nary: Yes, ma'am. Item 9: Ordinances Meridian City Council January 15, 2013 Page 14 of 16 A. Ordinance No. : AZ 12-010 SGI by 4 Acquisitions, LLC Located 2420 Id. Eagle Road Request: Annexation and Zoning of 1.45 Acres of Land with a C-C Zoning ®istrict De Weerd: Okay. 9-A is Ordinance 13-1538 on AZ 12-010. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1538, an ordinance AZ 12-010, SGI, for annexation of a parcel of land located in the southwest one quarter of the northwest one quarter of Section 4, 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 RUT to C-G, General Retail and Service Commercial 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. De Weerd: As you have heard from the reading of the title this is a really exciting ordinance. Is there anyone who would like to hear it read in its entirety? Okay. I didn't see anyone who did. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 13-1538 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-A, Ordinance AZ 12-010. Madam Clerk, will you, please, call roll on this. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. B. First Reading of Ordinance No. Adoption of 2009 Uniform Plumbing Code and City of IVleridian amendments Meridian City Council January 15, 2013 Page 15 of 16 De Weerd: Item 9-B is the first reading of Ordinance 13-1539. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1539, an ordinance repealing and replacing Title 10, Chapter 2, Meridian City Code regarding adoption of the 2009 Plumbing code and amendments and providing an effective date. De Weerd: You have heard this read by title only. Is there anyone who would like to hear it read in its entirety? Okay. This is the first reading. We will have the second reading at our next meeting. Item 10: Future IVleeting Topics De Weerd: Council, Item No. 10 is Future Meeting Topics. Any topics to bring up for future agendas? Bird: I have none. Item 11: Other Items A.. .Executive Session Per Idaho State Code 67-2345 (1)(f): (~ To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Item 11 is under Other Items, Executive Session. Council, I would entertain 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). Hoaglun: 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, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (7:30 p.m. to 7:48 p.m.) Meridian City Council January 15, 2013 Page 16 of 16 De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Bird: So moved. Zaremba: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:48 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ ~ ~ ~ ~ MAY R TA DE WEERD DATE APPROVED sin ~u ATTEST: 4o¢~ozP cbSTIJ~ n ~ ~~ ~ ~ _- _ city of JAYCEE HOLMAN, CITY IAh1~ ~o~bo ~~ ~~E~~ Ptr ~~~ ~~0~~he TftE A9~Q6