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HomeMy WebLinkAbout2014-04-01~~E IDIAN--- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 01, 2014 at 6:00 PM 1. Roll-Call Attendance X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Rhonda Harding with Four Square Gospel Church 4. Adoption of the Agenda: Agenda Adopted 5. Proclamation A. Parkinson's Awareness Month (Pg 2-3) 6. Consent Agenda: Approved (Pg 4-5) A. Approve Minutes of March 11, 2014 City Council Meeting B. Approve Minutes of March 18, 2014 City Council Meeting C. Title Amended to read: Approval of Purchase of (8) Zoll X Series Manual Monitor/Defibrillators from Zoll Medical Corporation for the Not-to-Exceed Amount of $282,365.10 D. E. Resolution No. Disposal/Trade-in of (6) Cardiac /trade-in Value of $43,000.00 Item vacated from the agenda Resolution for Request for Monitor/Defibrillators with a Disposal Memorandum of Agreement with Ucon, Idaho: Incident Tracking System and E-Citation Software F. Police Department: Dog Licensing Designee Agreement for Linder Pet Medical Care Meridian City Council Meeting Agenda -Tuesday, April 01, 2014 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. G. Police Department: Budget Amendment for Full-time Lateral Police Officer H. FP 14-011 Paramount Subdivision No. 25 by Brighton Investments, LLC Located West of N. Meridian Road and South of Producer Drive, North of W. McMillan Road Request: Final Plat Approval Consisting of Fifty (50) Single Family Residential Building Lots and One (1) Common Lot on 9.17 Acres of Land in an R-8 Zoning District I. Findings of Fact, Conclusions of Law for Approval: AZ 13-015 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres) Zoning Districts J. Findings of Fact, Conclusions of Law for Approval: PP 13-030 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of Forty-Nine (49) Building Lots and Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G, R-40 and TN-C Zoning Districts K. Final Order for Approval: FP 14-007 Spurwing Orchard No. 3 by Brighton Investments, LLC Located North Side of Chinden Boulevard, West of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Single Family Residential Lots and Four (4) Common Lots on Approximately 25.85 Acres in the R-4 Zoning District L. Final Order for Approval: FP 14-008 Solterra by Conger Management Group Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Four (4) Commercial Lots, Forty-Three (43) Residential Lots and Eight (8) Common/Other Lots on Approximately 16.22 Acres in an C-G, L-O and R-15 Zoning Districts M. Sale and Purchase Agreement for Ada County Highway District (ACRD) Surplus Property "Parcel 23" Adjacent to City Well 19 fora Cost of $18,000.00 N. CableONE Movie Night in Meridian 2014 Single-Night Sponsorship Agreement Between RC Willey and the City of Meridian for aNot-to-Exceed Amount of $350.00 7. Community Items/Presentations A. Mayor's Youth Advisory Council Update (Pg 5-8) 8. Items Moved From Consent Agenda (Pg 8) Meridian City Council Meeting Agenda -Tuesday, April 01, 2014 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. 9. Action Items A. Continued from March 25, 2014: Public Hearing: PP 13-042 Centre Point Square by Center Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Forty (40) Single-Family Buildable Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of Land in an R-15 Zoning District Approved (Pg 8-18) B. Continued from March 25, 2014: Public Hearing: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi-Family to Single Family Approved (Pg 8-18) 10. Department Reports A. Fire Department: Budget Amendment for Apparatus Repair for the Not-to- Exceed Amount of $19,068.00 Approved (Pg 18-19) 11. Future Meeting Topics None (Pg 19) 12. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation (Pg 19-21) Into Executive Session at 6:55 PM Out of Executive Session at 7:10 PM Adjourned at 7:10 PM Meridian City Council Meeting Agenda -Tuesday, April 01, 2014 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 April 1, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 1, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba, Genesis Milam and Luke Cavener. Members Absent: Joe Borton. Others Present: Jacy Jones, Bill Nary, Justin Lucas, Clint Dolsby, John Overton, Chris Amenn and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Thank you all for joining us here this evening. I will go ahead and get this meeting started. I appreciate you joining us. For the record it is Tuesday, April 1st, and this meeting is really happening and decisions made today will really be true. So, it won't be a joke. It's 6:00 o'clock. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you so much. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Rhonda Harding with Four Square Gospel Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Rhonda Harding. She is with Four Square Gospel Church. I will ask you -- yes, please, come forward. I will ask you to, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you so much for joining us. Yes. Harding: I want to tell you, first of all, that it's an honor to be here and pray for God's presence in a government situation. Amen? Lord Jesus, I want to thank you and I invite your presence into this place and, Lord, I pray for wisdom in all the decisions that have to be made. I pray for unity and, Lord, I pray for discernment into the necessary Meridian City Council April 1, 2014 Page 2 of 20 things here tonight and, God, most of all I pray for your blessing as you direct our thoughts, direct our hearts, direct us individually and I give all praise and all thanks in Jesus' name, amen. De Weerd: Rhonda, I would like to offer you a City of Meridian pin for leading us. Harding: Well, thank you. De Weerd: Thank you for joining us. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Under the Consent Agenda, Item 6-C, we would like to reword that item -- amend the title to read approval of purchase of eight Zoll X series manual monitor defibrillators from Zoll Medical Corporation for the not to exceed amount of two thousand -- I'm sorry -- $282,365.10 and along with that amendment we are deleting Item D, 6-D, from the Consent Agenda. Other than that I move we approve the agenda with those two changes. Rountree: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say aye. Any opposed? All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamation A. Parkinson's Awareness Month De Weerd: Item No. 5 is a proclamation and I will ask those that are representing the Parkinson's Awareness Month to join me in the front. Lisa, if you will join me. Okay. I'm going to read this and, then, I will ask for a comment. This is something that we have had the privilege of doing each year. It's a timely reminder. So, with that: Whereas Parkinson's Disease is a progressive neurological movement disorder of the central nervous system, which has a unique impact on the more than 100 Americans -- or one million Americans diagnosed. Whereas symptoms include slowness, tremor, difficulty with balance and speaking, rigidity, cognitive and memory problems, and whereas new medicines and therapies may enhance life for some people -- for some time for people with Parkinson's, more work is needed for a cure. And whereas Meridian City Council April 1, 2014 Page 3 of 20 increased education and research are needed to help find more effective treatments with fewer side effects and ultimately a cure for Parkinson's disease and whereas multi- disciplinary approach to Parkinson's care includes local wellness, support, and caregiver groups and whereas April has been proclaimed as worldwide Parkinson's Awareness Month for all to recognize the need for more research and help in dealing with Parkinson's disease, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim April 2014 to be Parkinson's Awareness Month in the City of Meridian and we call upon all of our citizens to increase awareness of this disease and the continued need for research, better treatment, and an eventual cure. I have signed that this day and I am honored to present this to you, Lisa, and ask if you would like to say a few words. Bain: I would love to. Madam Mayor, City Council, and everyone here, thank you again. We have been so appreciative of the support we have received from the City of Meridian. For those of you that don't know anyone with Parkinson's disease, say thank when you say your prayers tonight, because this is a disease with no cure and it's a disease that's progressive, that continues to get worse. To put things into perspective for you, for those of you that only know Parkinson's through Michael J. Fox and Mohamed Ali, every nine minutes someone in the United States is diagnosed with Parkinson's disease and it's not an old person's disease. The youngest case that we have found documented in the U.S. is seven years old. But you will have a lot of teenagers as well. We still don't know what causes Parkinson's disease, because we need to continue bio medical research and we need the funding for that. But with the quality of life we still need to move forward. In Idaho you actually have a 12 percent higher likelihood of developing Parkinson's, because we are an agricultural community. But it's just one of those things that we continue to learn more about. And, lastly, my one point about why we must continue to push towards a cure. The number one medicine still prescribed today to treat Parkinson's was developed before we put Neal Armstrong on the moon. We have not made much progress and that's really unacceptable, but it's through proclamations like this and through the support we continue to receive from our community that we are able to continue to raise awareness and if you do know someone affected by Parkinson's disease we have two very vibrant and active support groups here in Meridian that meet and our whole focus is on living well with Parkinson's, because we can do that. So thank you very much. And we have fliers in the back. We have got a couple of members of our community here, John and Leona. Some of you may know them from their work in the community, but living examples of living well with Parkinson's disease and huge supporters of our Parkinson's community. De Weerd: We would like to thank you for joining us and certainly for your passion. I think with people-like yourself that continue to push for that cure we will find it. Bain: We will find it. De Weerd: Thank you. Meridian City Council April 1, 2014 Page 4 of 20 Bain: Thank you. Item 6: Consent Agenda: A. Approve Minutes of March 11, 2014 City Council Meeting B. Approve Minutes of March 18, 2014 City Council Meeting C. Title Amended to read: Approval of Purchase of (8) Zoll X Series Manual Monitor/Defibrillators from Zoll Medical Corporation for the Not-to-Exceed Amount of $282,365.10 E. Memorandum of Agreement with Ucon, Idaho: Incident Tracking System and E-Citation Software F. Police Department: Dog Licensing Designee Agreement for Linder Pet Medical Care G. Police Department: Budget Amendment for Full-time Lateral Police Officer H. FP 14-011 Paramount Subdivision No. 25 by Brighton Investments, LLC Located West of N. Meridian Road and South of Producer Drive, North of W. McMillan Road Request: Final Plat Approval Consisting of Fifty (50) Single Family Residential Building Lots and One (1) Common Lot on 9.17 Acres of Land in an R-8 Zoning District I. Findings of Fact, Conclusions of Law for Approval: AZ 13-015 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Annexation and Zoning of 45.34 Acres of Land with C-G (34.82 acres), R-40 (3.94 Acres) and TN-C (5.58 Acres) Zoning Districts J. Findings of Fact, Conclusions of Law for Approval: PP 13-030 TM Creek by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of Forty-Nine (49) Building Lots and Three (3) Common/Other Lots on 41.03 Acres of Land in the Proposed C-G, R-40 and TN-C Zoning Districts K. Final Order for Approval: FP 14-007 Spurwing Orchard No. 3 by Brighton Investments, LLC Located North Side of Chinden Boulevard, West of N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Single Family Meridian City Council April 1, 2014 Page 5 of 20 Residential Lots and Four (4) Common Lots on Approximately 25.85 Acres in the R-4 Zoning District L. Final Order for Approval: FP 14-008 Solterra by Conger Management Group Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Final Plat Approval Consisting of Four (4) Commercial Lots, Forty-Three (43) Residential Lots and Eight (8) Common/Other Lots on Approximately 16.22 Acres in an C-G, L-O and R-15 Zoning Districts M. Sale and Purchase Agreement for Ada County Highway District (ACRD) Surplus Property "Parcel 23" Adjacent to City Well 19 for a Cost of $18,000.00 N. CableONE Movie Night in Meridian 2014 Single-Night Sponsorship Agreement Between RC Willey and the City of Meridian for aNot-to-Exceed Amount of $350.00 De Weerd: Okay. Item No. 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously mentioned, there are two changes to the Consent Agenda. Item C should read approval of purchase of Zoll -- I guess that's a ten, not an X -- Zoll X Series manual monitor defibrillators from Zoll Medical Corporation for the not to exceed amount of $282,365.10. And the other changes that Item D is vacated, removed from the agenda. With those I move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Community Items/Presentations A. Mayor's Youth Advisory Council Update Meridian City Council April 1, 2014 Page 6 of 20 De Weerd: Item No. 7-A is our monthly report from our Mayor's Youth Advisory Council and they are very active -- a very active group this year and we are excited to get your update. Harris: Thank you, Madam Mayor. Madam Mayor and Members of the Council, I'm Danielle Harris, the at large representative for MYAC and I'm here to give you a brief update on the council's activities. Our last update was on January 28th. Regarding membership, we have an active roster of approximately one hundred youth. The average attendance at meetings is around 50 members. When we last reported it was 70 members, but due to spring sports the number has decreased. One of our events was the State of the City address where MYAC members assisted with set up for the stations, table vendors and the delicious Taste of Meridian reception. About 20 MYAC'ers participated in this annual event. This year we tried something new by bringing impromptu comedy sports to one of our general meetings. Their anti-bullying message infuses clean humor and games, encourages team work and is altogether very engaging and a new favorite of the group. We plan on having them back for the future and we plan on incorporating them into our youth summits. In February our teen activities committee or Attack for short, organized aroller-skating outing at the Nampa Rollerdrome in order to offer a constructive Saturday night for our kids. The theme was Decade's Night and with an attendance of 30 MYAC'ers and guests. There was plenty of bell bottoms and tie dye shirts. These past few months we also partnered with the Meridian Library District to hold a teen version of their current project Community Conversations. Here we gave them input on the current state of Meridian and what we would like to see for our future in addition to discussing resources on how to achieve these decisions. Next we partnered with the Village at Meridian and utilized the fountain square to hold a family friendly dance party to celebrate those who do not smoke. This is part of our Supporting Teens Against Nicotine Dependency or our STAND program. We always hear what not to do, so in this case we celebrated people for making healthy decisions. We had a tremendous turnout and the Village was so impressed by our event that they actually left us an open invitation to come back there in the future. Another event MYAC participated in was community planning or the COMPASS presentation. Since we care deeply about Meridian we took a fabulous opportunity to partner with COMPASS to lend our teen perspectives to development of a regional long-range transportation plan for Ada and Canyon counties. Since city transportation largely affects our age group we took this seriously. Just last night at our general meeting we heard the Mothers Against Drunk Driving and Focus on the Drive with interactive and movie presentations to help kick start the National Distracted Driving Month. Now I will give a brief summary on what to expect from us as we close out this year. As part of our seatbelt safety advocacy we are making our commercial featuring different community members stating I click while the camera captures them buckling up as part of a seatbelt public service announcement. Stay tuned for this as Mayor Tammy and Councilman Zaremba might be wearing cameos. We also have four more events. Middle School Youth Summit, which we -- which we tend to hold that at Wahooz for sixth, seventh, and eighth graders in order to introduce them to MYAC and equip them with leadership skills that are pertinent to all areas of life. This event is produced and directed by MYAC seniors, including yours truly. Our second event the Dance Your Meridian City Council April 1, 2014 Page 7 of 20 Heart Out fundraiser for the American Heart Association. For this we will partner with the Village at Meridian to host a dance competition in fountain square to raise awareness and much needed funds for this nonprofit organization. In addition we are hosting Meridian's Ignite Youth. Our annual ignite competition as it were is this month and we are excited to host at the Idaho Party Barn, which will allow us to have an after party to get to know each other. Finally we will producing our second annual Ball at the Hall, which is, essentially, a prom for parents. This is our end of the year celebration for MYAC in addition to our last fundraiser. This year we are directing our funds to Buckle Up For Bobby and I hope to see you there. As you can see we are near the finish line, but there is a lot left to do. I will now stand for questions. De Weerd: Thanks, Danielle. And she's our at large representative, but she's from Compass Charter School and we have appreciated having her on our leadership team. Any questions for Danielle? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Great presentation, Danielle. Harris: Thank you. Cavener: I thought it was great. I'm really impressed with some of the things you guys are doing. Can you let us know, everyone here, the dates for Ignite Youth and the dates for Ball at the Hall? Harris: Those dates are still up in the air, but tentatively our date for Ignite Youth is April 25th and Dance Your Heart Out is May 2nd. But, again, that is tentative. And Ball at the Hall is still tentative I believe. Cavener: Okay. De Weerd: I think Ball at the Hall is Saturday, May 17th and we are looking for donations for silent auction items and so any of you out there looking for areas to donate we certainly would invite you to join us and certain -- you don't have to be a parent. Adult is fine. And it's from 7:00 to 11:00 and MYAC'ers turn this Council Chambers into a beautiful dance area with a chocolate fountain out in the lobby and all kinds of goodies. They know how to throw a great party. So, I would invite you to join us. Danielle, we appreciate you joining us here tonight and you don't have to stay. I will -- I know you have homework. She is a senior and we appreciate your work on behalf of the MYAC and on behalf of the city. Harris: Thank you, Madam Mayor and thanks Members of the Council. De Weerd: Thank you. Meridian City Council April 1, 2014 Page 8 of 20 Rountree: Thank you. De Weerd: And this is a very ambitious and active group. We continue to get really good attendance at our meetings, too, and I will just tell you that Ken Corder, Patrick in our Parks Department, and Officer Gomez, they are just outstanding in their -- the leadership and mentoring that they give our kids, so -- Item 8: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: Action Items A. Continued from March 25, 2014: Public Hearing: PP 13-042 Centre Point Square by Center Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of Forty (40) Single- Family Buildable Lots and Four (4) Common/Other Lots on Approximately 5.28 Acres of Land in an R-15 Zoning District B. Continued from March 25, 2014: Public Hearing: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi-Family to Single Family De Weerd: So, we will move into Items 9-A and B and I will turn this over to staff at this time. We did continue this public hearing specifically on an item and I will turn this over to Justin. Lucas: Thank you, Madam Mayor, Members of the Council. This is a continued public hearing from the -- it was originally opened at the March 25th City Council meeting. The application before you tonight is Centre Point Square preliminary plat and development agreement modification. I'm not going to do a full presentation. We have had a lot of discussions about this project, but I will just briefly highlight the two issues that were requested by the Council to bring back further information tonight. One of those issues was some further analysis of the most effective traffic calming measures that could be employed on the private streets that are existing out in this application area and the other one was direction from the Council to the developer to research and provide more information as to the responsible party for ownership and maintenance of the private roads. Those are the two primary issues. I will briefly speak to the traffic calming on the private streets. I was able to conference with John Watson, who is the traffic calming expert at the Ada County Highway District. He had a chance to look in detail at this site and recommended what are called speed cushions, not a chicane, which was Meridian City Council April 1, 2014 Page 9 of 20 proposed last -- last time. Speed cushions are like speed bumps -- there is all kinds of different names for speed bumps, but these are called speed cushions. They are just a little bit -- longer, a little bit bigger than a normal bump you might drive over in a parking lot. The key feature with a speed cushion also as they have been employed in Ada County is they have a cut out spacing so the emergency vehicles, fire trucks, can get through without having to go over a big bump, but a car, which has a different wheel base, has to -- can't make it work, they have to go over the bump. So, that was John's recommendation. He's the technical expert in that area and I wanted to share that with you tonight before handing off the remainder of the time to the applicant to further answer the questions regarding the maintenance and ownership of the private streets. That's what I had for you tonight and I will certainly stand for any further questions. De Weerd: Thank you, Justin. Council, any questions? Bird: I have none. Rountree: I have none at this time. De Weerd: Okay. Bob. Good evening. Unger: Mayor and Council, Bob Unger. ULC Management. 6104 North Gary Lane, Boise, Idaho. 83714. Representing the applicant. What I'd like to do is just go through the items so we can clarify some of the information that we were lacking last week. The first thing I'd like to discuss with you is -- the question came up why did we go with private streets and I found out why. Did some research, went back through the original staff reports and recommendations, specifically from ACHD, and ACHD would not support a public road accessing Eagle Road. They did support accessing a public street coming in off of Ustick and that would be Centre Point and the -- essentially, the loop road that is within the existing residential section. That would be Centre Point, La Blanc, Bourbon Street and Picard Street. So, based upon their not allowing the access to Eagle Road it was recommended that -- that the other roads be private roads, which was in alignment with the proposed development to the north. So, that kind of clarifies why we ended up with private streets instead of public streets, because our original proposal was public streets throughout the entire project. Okay. If anybody has any questions on that subject I will be glad to take those right now. Okay. Thank you. Okay. Now, associations. Boy, what a mix that is and I believe you all got copies of it, so -- you know, the original Bienville Square CC&Rs were recorded January 7th of '09 and they were -- the way they were stated was Bienville Square Commercial, commonly known as Mason Creek Commercial -- so, that's where I misunderstood and told you last week that it was Mason Creek. So, it actually is -- was recorded -- the CC&Rs as Bienville Square Commercial. Okay. Which encompassed the entire project. It also identified the common areas, including that alleys and private streets. Then in February 25th of 2010 they amended those and specifically -- now I will read the way it's stated. So, one of the primary functions of this first amendment is to redefine the real property covered by declaration. More particularly, the following lots are no longer subject to the declaration and they spell out, you know, specific lots and block numbers in the Bienville Meridian City Council April 1, 2014 Page 10 of 20 Square Subdivision. These are all of the residential lots on the western portion of the project, which are now being covered by the Jackson Creek CC&Rs. So, they were completely removed from the Bienville Square CC&Rs. The following day the Jackson Creek CC&Rs, which is the CC&Rs for the residential section, those were signed on -- yeah. 2/26/10. And it specifically identifies those same lots that were removed as being the Jackson Square -- actually they call it Jackson Square Subdivision, which I don't know why they did that, but that's the Jackson Square CC&Rs. And then, there was a second and third amendment in 2011, but those pertained to architectural committee guidelines, et cetera, for the Bienville Square CC&Rs. So, we met -- we met -- or let me -- I'm sorry. In May of 2010 there was a shared maintenance and use agreement prepared between Bienville Square and Jackson Creek and in Section 3 of that shared maintenance and use agreement it talks about shared use and 3.1 talks about, you know, the common areas and the private roads and that each jurisdiction being the two different HOAs, would be responsible for their common areas and things of that sort. Section 3.2 specifically states that each party, which they call the indemnator, shall indemnify, defend and save the other party, the indemnee, harm from any and all claims, liability losses, costs, charges or expenses, including reasonable attorney fees and costs, judgments, proceedings and causative action of any kind whatsoever claims arising from injury or death or any person or damage to any property occurring on or resulting from the use of private alley, private roads, common open spaces by the indemnor, its agents or assigns, and any negligence or tortious acts of indemnator. Which essentially says, you know, the -- the one association indemnifies the other association for anything that might happen within their jurisdiction. It's a -- it's a tough way -- a confusing way to say, you know, you're not responsible for our private streets, nor are we responsible for your private streets or in the Jackson Square Association with their alley that they have. So, with that first amendment to the CC&Rs and, then, this shared maintenance and use agreement, it pretty well identifies and releases the Jackson Square Homeowners Association from any liability resulting from occurrences that may happen on the private streets within the Bienville Square Association ownership. Okay. Okay. So, let me stop right there and see if you have questions on -- on that -- just those issues. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think I'm clear on what you're saying and I don't know if you're going to go farther or this is the time to explain the question that I asked at the end of last week, which is whether or not the commercial -- the commercial properties that are actually on Eagle, but were originally part of this overall thing, are they subject to either one of these agreements -- and the reason I'm asking is is there any leverage for the people in the residential part of it to say to the people in the commercial part of it, look, these are your streets, too, and we want you to control the speed of your customers that, if possible, certainly your employees and -- is there any cross-leverage there and is the commercial property part of one of these agreements? Meridian City Council April 1, 2014 Page 11 of 20 Unger: Madam Mayor, Mr. Zaremba, the commercial out there along Eagle Road, they are all members of the Bienville Square Association. Zaremba: So, there is some leverage there. Unger: So, they have liability responsibility for the private streets within the Bienville Square Association ownership I think is the way to put it. As I -- we are also responsible, because we are an owner in there, too, as is Idaho Mutual Trust, who owns the -- I believe there is vacant lots still out there. Okay? Zaremba: Thank you. Unger: Does that answer it? Zaremba: Yes. Unger: Great. Okay. We were -- Mr. and Mrs. Hysmith, who are members of the Jackson Square Association, were kind enough to host a meeting this past Saturday with us and some of the members of the association. We had a great meeting. We discussed a lot of these -- this information and shared a lot of this information in an effort to see if we could not -- if we could resolve some of the issues and come back to you folks with answers. So, we did prepare a memorandum of understanding between us and the Jackson Square Association. I hope you folks have a copy of that and I believe I got it to staff. And in there -- and these are -- this is a big concern of the neighbors and I -- I understand. Their concern is the liability of the private streets, those being Picard Lane, Bourbon Lane and Cajun. Their sole concern is that they do not want to have any liability for anything that happens on those three private streets. They don't want to get sued over somebody being injured or something like that or anything to that effect and although we feel that the amendments and the shared maintenance use agreement pretty well clarifies who is responsible for what, we have agreed that we would move forward and make -- you know, make the effort to get some additional legal clarification that really spells out that they would not -- that they would be released from any liability concerning the private streets. And, then, the second thing that we discussed -- and also that -- that first item was that we would get this document prepared and approved by the association prior to the City Council approving our final plat. That gives them assurances that -- that we will move forward and take care of this and -- and that we can't move forward without it. Okay. And, then, the second item was that we would agree to put two of the speed cushions on Picard Lane and that's the one that seems to have the -- the bulk of the traffic that brings the concerns to everybody, that we would put two of those on Picard Lane and also we would put one on Bourbon Lane, which is the other street that would access the backside of the residential development. And also what was kind of brought up during this discussion was that there were -- there were some problems with the pathway along the southern portion of the project where there was some sloughing off of the -- of the -- of the earth under the pathway and it was starting to fall off and roll off and we agreed that we -- while we were doing our work and we had asphalt machines out there, that we would make repairs to Meridian City Council April 1, 2014 Page 12 of 20 that section of the pathway and -- and the hopes were that if we agreed to do that -- this, then, in exchange the association would support our applications. Now, this was a draft memorandum of understanding. So, it hasn't been signed by either party and I think there might be some folks here that would like to speak to that. Okay? So -- but we have certainly worked with them and so far up to this point they seem to be agreeable. One of the things that -- that was brought to our attention by them is that any amendments to the Bienville CC&Rs would have to be done by the Bienville HOA and Dan Bureau with Idaho Mutual Trust is the president of the association. They own three properties. So, they have at least three votes. We have a vote, because we have the large property -- we have probably more than one vote. And, then, there is the three commercial people out there that also would have a vote. Okay. But Dan -- I spoke with Dan just before coming over here and Dan said that he would be more than glad to assist in facilitating an amendment to the CC&Rs that would better clarify and exonerate the Jackson Square Homeowners Association from any responsibilities or liabilities on the private streets that would be specifically named also. So, I think -- I think we have something very good here that can move forward and I hope that, you know, the association -- the Jacksonville Association would be happy with -- in my discussions with them this evening before the hearing that seemed to be acceptable with them, so -- and (will let them address that with you. The speed cushions I think, you know, Justin kind of reviewed those. We did get specifications from John Watson at ACHD. These are the ones that he recommended and we are proposing, like I said, two on Picard and one on Bourbon. In addition -- and I want to speak specifically, because Council Member Bird had a concern about the width of these streets. The streets as constructed are 30 foot back of curb, back of curb, which is four or six feet less than ACHD approved local streets. And although the private street requirement for the city is 25 feet, we did build them larger. But in order to -- in order to make sure that we have better flow with the additional residences, we would propose to not allow parking along one side of each of those streets. Okay. We would post it as no parking. Okay. And, my goodness, (think I -- I think I have covered it all, so -- oh. And one other point. Picard and Bourbon Lane, I don't know if you have a realistic scale on how long those streets are. They are only 420 feet long. So, they are really not that long, drawn out streets. Okay. So, I will stand for any questions. De Weerd: Thank you, Bob. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Yeah. You spoke with some certainty previously about there being insurance and there being funding and funding has been gathered. Has that, in fact, been done, both with respect to the liability insurance and the funds and if that's the case who has been doing it and where does it reside? Unger: Madam Mayor, Council Member Rountree, yes, those funds are being paid. They are a part of the Bienville Square Association and their dues and included in those Meridian City Council April 1, 2014 Page 13 of 20 there are -- their monthly fees -- they are paid on an annual basis -- basis and there are funds that are being held for the maintenance of not only the private streets, but also of the common areas, the landscape areas, and those funds are being held by Idaho Mutual Trust for -- for the association and I know that when we -- when we picked up this piece of property a little over a year ago, you know, we paid our dues then and our dues are due again and I did speak with Dan Bureau at Idaho Mutual Trust and the president of the association and those fees are being paid and it does provide for the liability insurance also. Rountree: Okay. Thank you. De Weerd: Okay. Any other questions? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: If I could just ask a question. I was looking at the documents that I think the Council may have in the packet and Ijust -- one was just lacking some clarity from the documents we were able to locate and that's the one that's titled Shared Maintenance and Use Agreement that begins -- that has a date at the beginning that's -- that's not entered, which says May of 2010, and it's a signed document and it is -- a couple were made and I was just going to ask either from Mr. Unger if he has proof that this was actually recorded and, if not, if maybe it would be appropriate for the Council to direct as part of the resolution of this that this also be recorded, because I think the portions you read about the indemnification are located in this document, but they are not located in any other document and so it appears that this was signed by Dan Bureau and Ben Slaughter, but it's undated and they won't record it without a notary and a date. But all the other documents seem to match the documents we were able to locate and this is the only one that doesn't. So, I don't believe it's recorded, but if we just didn't discover it, we might want to make sure that it is recorded, because it does reflect what Mr. Unger has stated about who is responsible and who is indemnifying who and such, because everything else I could location, but this is the one piece that we could not, so -- unless you had a concern about that, it seemed like that might cover the one piece of the puzzle and seemed to be very confusing to a lot of the public in this and, again, if I just missed it or somewhere else, fine, but if you're okay with that I would suggest to the Council that we make that a direction as well, that it get recorded. Unger: Madam Mayor, you know, I do not have arecorded -- recorded copy of it either. I don't see that being an issue as a condition of approval that -- that we provide a recorded copy of this. And if it isn't we will -- we will get it recorded and we will work with -- with Dan Bureau and get it recorded. De Weerd: Thank you, Mr. Nary. Thank you, Bob. Unger: Thank you. Meridian City Council April 1, 2014 Page 14 of 20 De Weerd: Okay. We are looking for testimony just on this particular item that is being discussed and focused on. Is there -- does the homeowners association from Jackson Square have any comment? Is there a representative? Okay. Good evening. Lamay: Good evening. De Weerd: If you will, please, state your name and address for the record. Lamay: My name is Joseph Lamay. My address is 2989 North Centre Point Way in Meridian. De Weerd: Thank you. Lamay: As a member of -- and owner of Jackson Square and a member of the board, speak as a private citizen to thank you for pulling this together and based on the meeting that we did have with Bob and information that I got just like two minutes into this meeting from Dan Bureau with Idaho Mutual Trust, it is my considered opinion that I would further support the continued efforts based on our memorandum of understanding and Iwould -- I would back Mr. Unger's proposal provided that the Council has in that -- and I believe they do exist -- architectural and landscape controls, so that we don't end up with the same type and style of building or fit and finish maybe that is there. We have made great progress with all of our research. We have a ways to go, but we are going in the right direction. So, as Bob has indicated, making part of the -- of his development agreement contingent on a recorded release -- complete release from Jackson Square Homeowners Association and its ownership there of the private roads being recorded as a document that relieves our liability and the bigger part of that is not necessarily the liability, but the defense thereof of that liability, because I think it's pretty clear that we are not ultimately liable, but I'm sure a good attorney could drag us through a lot of court battles and spend a lot of money, which that's our larger concern and, again, with Bob's help and with the Dan I think we can come up with an agreement that absolutely absolves us of that. De Weerd: Thank you. And certainly we appreciate everyone coming together and having a discussion and trying to really find a resolution to address all concerns. So, thanks to -- to all of you. Lamay: Yeah. As far as myself -- and I can't speak for the other homeowners, but it's not that I have ever seen -- our feeling was never that we did not want this developed, it was never -- well, we are not antidevelopment whatsoever, but it's got to be done correctly and -- and make sure that we are not compromised in our investments and our futures. So, thank you very much. De Weerd: Thank you. Okay. Council, do you have any questions for staff or any of the parties at this point? Okay. Any further comment from you, Mr. Unger? Meridian City Council April 1, 2014 Page 15 of 20 Unger: No, Madam Mayor. De Weerd: Okay. It's all yours, Council. Lucas: Madam Mayor? De Weerd: Yes, Justin. Lucas: Just a point of clarification. So, I have not made any modifications to the existing staff report, so the items in the memorandum of understanding as of right now are just items before you to potentially include in a development agreement, which is being modified tonight. So, I just want to make that clear that in a motion if it were to be for approval of the project and you like these items, I need that to be specifically stated in your motion. A couple of things that are not in the list of that memorandum of understanding. One of them is what Mr. Nary stated about recording that shared maintenance and use agreement. That's one thing that's not in the list. The other thing is the no parking on one side of the private streets is also not listed. So, just to throw that out there for your consideration. De Weerd: We appreciate the coaching over there. Mr. Bird. Bird: Bill, that MOU is that in the PP or would it be in the DA modification? Nary: Madam Mayor, Members of the Council, Mr. Bird, so we would probably include that as a condition both for the plat, because they were saying that that was a condition on signature for the final plat. Bird: Okay. Nary: But we would probably want to reference also in the development agreement that that would need to be accomplished as a requirement for future developments. So, that we would probably include it in both. Bird: And in the plat we would also include the parking on one side of the street? Nary: Yeah. We probably would do that in both. Bird: In both. Nary: Because, again, the same -- Bird: All the stuff in both of them? Nary: Yes. Bird: Okay. Meridian City Council April 1, 2014 Page 16 of 20 De Weerd: Okay. If you have all the information you need I would entertain a motion to close the public hearings on both these items. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing no further public testimony, I move that we close the public hearing on PP 13-042 and MDA 13-025. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: All right. Here we go. Let's try it. Finagle my way through this. Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve PP 13-042 and include all staff and public testimony, including the -- or, excuse me, including the memorandum of understanding and a recorded copy of the -- what's that word? Oh. The CC&Rs and the no parking on one side of the street. Milam: Second. De Weerd: And just for the record it is a recorded copy of the shared maintenance and use agreement. Cavener: Thank you. De Weerd: Okay. I have a motion and a second. Any discussion from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Does the maker of the motion also include release of the Jackson Square Subdivision of any road liability, the addition of two speed cushions on Picard and addition of one speed cushion on Bourbon and that the pathway south of the subdivision be repaired? Meridian City Council April 1, 2014 Page 17 of 20 Cavener: Yes. That's -- yes. De Weerd: And those items and to -- for staff as you draw up the DA and the Findings those are the items that are in the MOU. Nary: Yes. De Weerd: Okay. Any further discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a question for Bill or for police, but if we put in a no parking sign on those streets and they are a private street, law enforcement won't have any way to enforce that no parking sign; correct? Nary: Madam Mayor, Members of the Council, no, but no different than what you see sometimes in private parking lots like in a shopping center. I mean those are all suggestions, not necessarily mandates, but yet people will adhere to them. Because of the way the roadway is structured it's not practical sometimes to do that. So, you're correct, we wouldn't be able to cite them for that, but Idon't -- you know, we don't see a lot of people violating those most of the time. Cavener: Okay. De Weerd: I guess you could always tow them. That would be the private property owners, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The comment that you just made I would expand upon that. The homeowners association would be able to establish fines and police it themselves. De Weerd: That's frightening. Okay. If there is no further discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council April 1, 2014 Page 18 of 20 Cavener: All right. De Weerd: Mr. Cavener. Cavener: Madam Mayor, I move that we approve MDA 13-025 and include all staff and public testimony, including the memorandum of understanding, as well as -- try and get through this. The recorded copy of the CC&Rs, known as the shared maintenance agreement, and no parking on one side of the street. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor, just a question. From my understanding does the MOA include the design considerations? Lucas: Yes. Madam Mayor, Members of the Council, we -- we had already come to agreement on what was going to go into the DA last time on -- on all those design considerations and so that would be part of the staff and applicant testimony last time and so I think it's clear in your motion that that would be included. De Weerd: Anything further? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Again, I would like to thank the neighbors and the applicant for working together and finding an agreement and resolution. That is how the process is supposed to work. So thank you. Item 10: Department Reports A. Fire Department: Budget Amendment for Apparatus Repair for the Not~to-Exceed Amount of $19,068.00 De Weerd: Okay. Item 10-A is a Department Report. I will turn this over to our -- Chief Amenn. Amenn: Thank you, Madam Mayor, Members of the Council. We have before you this evening a budget amendment in the amount of 19 -- not to exceed amount of 19,068 dollars. This is for unanticipated repairs to three different apparatus. One is a type six brush engine, which needs a foam system replaced. One is a type six engine which Meridian City Council April 1, 2014 Page 19 of 20 needs a pump housing replaced. It was cracked. It's 19 years old. The other is a 3,000 gallon water tender that also has a pump housing crack that needs to be replaced. I will stand for any questions. De Weerd: Council, any questions? Hearing none, do I have a motion? Milam: Madam Mayor? De Weerd: Mr. Milam. Milam: I move that we approve budget amendment for apparatus repair for the not to exceed amount of 19,068 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Thank you. Council, any topics for consideration under Item 11 for future meetings? Bird: I have none. Rountree: I have none. Milam: No. Item 12: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending De Weerd: Okay. I would entertain a motion, then, under Item 12 for -- to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 1, 2014 Page 19 of 20 needs a pump housing replaced. It was cracked. It's 19 years old. The other is a 3,000 gallon water tender that also has a pump housing crack that needs to be replaced. I will stand for any questions. De Weerd: Council, any questions? Hearing none, do I have a motion? Milam: Madam Mayor? De Weerd: Mr. Milam. Milam: I move that we approve budget amendment for apparatus repair for the not to exceed amount of 19,068 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd: Thank you. Council, any topics for consideration under Item 11 for future meetings? Bird: I have none. Rountree: I have none. Milam: No. Item 12: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending De Weerd: Okay. I would entertain a motion, then, under Item 12 for -- to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 1, 2014 Page 20 of 20 Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:55 p.m. to 7:10 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ,. MAYOR TAMMY DE WEERD DATE APPROVED r4 ('; .5 f >' (l1 ATTEST: f;>~ p{ 5 A~j e ~ i ~/ ~~~/ Cb~ V Of ~. "Y+~i, v J CEFIOLMAN, CITY CLERK,. ~~F~ ~l ~ `:-~ ~~' ,~- .~, <<;t.