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HomeMy WebLinkAbout2014-05-21 SpecialE l�lri� CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho AMENDED AGENDA Wednesday, May 21, 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 Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Proclamations A. Proclamation for Mountain View Girls Softball State Champions Day B. Proclamation for Mountain View Rugby State Champions Day 6. Consent Agenda Approved (Pg 5-7) A. Approve Minutes of May 6, 2014 City Council Meeting B. Findings of Fact, Conclusions of Law for Approval: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District C. Final Order for Approval: FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 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. D. Final Order for Approval: FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty - Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District E. Final Order for Approval: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat F. Final Order for Approval: FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts G. Development Agreement for AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District H. Mini Heavy Equipment Rodeo Agreement with CESCO for Public Works Week Expo 2014 Equipment Parking Agreement with RWP Meridian LLC for Public Works Week Expo 2014 J. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for a No -to -Exceed Amount of $8,000.00 7. Items Moved From Consent Agenda None (Pg 7) 8. Action Items A. FP 14-020 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Final Plat Approval Consisting of Five (5) Commercial lots on Approximately 9.11 Acres in the C -G Zoning District Approved (Pg 7-8) B. Public Hearing: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 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. Approximately 6.77 Acres in an Existing R-15 Zoning District Approved (Pg 8-22) C. Public Hearing: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District Approved (Pg 8-22) 9. Department Reports A. Mayor's Office: Resolution No. 14-990: A Resolution Appointing Woody Garvey to Seat 1 of the Meridian Historic Preservation Commission Approved (Pg 22-24) B. Legal Department: Resolution No. 14-991: A Resolution Appointing Commissioners to Designated Seats on the Meridian Historic Preservation Commission Approved (Pg 24-25) C. Community Development: Transportation Update on Projects, Plans and Programs - Including Discussions About Current Construction Projects Including the Meridian Road Interchange, Overlay Projects, and Other Transportation Projects (Pg 25-32) D. Legal Department Report: Historic Meridian Special Events Recommendation to be presented at the May 27, 2014 City Council meeting (Pg 32-49) E. City Council Report: Boy's and Girl's Club Donation Discussion Motion approved to bring an agreement back to City Council for the donation of $500,000.00 to the Boy's and Girl's Club to build a gym facility and that the Legal and Parks Departments arrange within the agreement for City use of the gym for afterhours programs (Pg 49-55) F. Police Department: Awarded Additional FY2014 Traffic Enforcement Mobilization Grant and Alive at 25 Funding Police Department Budget Amendment for Alive at 25 Funding for the Amount of $38,369.00 Approved (Pg 55-57) G. Public Works Department: Budget Amendment for FY2014 in the Amount of $300,000.00 for the Wastewater Treatment Plant Administration Building and Laboratory Construction Approved (Pg 57-60) H. Public Works Environmental Division: Budget Amendment for FY2014 in the Amount of $50,000.00 for Water Quality Trading Program Feasibility Study Approved (Pg 60-62) Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 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. 10. Ordinances A. Ordinance No. 14-1607: Repealing City Code Provisions Regarding Texting While Driving and Uncovered Loads Approved (Pg 62) B. Ordinance No. 14-1608: Updates to Title 1, Meridian City Code Approved (Pg 63) C. Ordinance No. 14-1609: Parking Code Updates - Prohibiting Parking in Fire Lane or in Space Designated for Disabled Persons Approved (Pg 63-64) D. Ordinance No. 14-1610: Updates to Outdoor Sales and Temporary Uses Code Approved (Pg 64-65) E. Ordinance No. 14-1611: Historic Meridian Special Events Code Approved (Pg 65-66) F. Ordinance No. 14-1612: An Ordinance (AZ 14-004 Amberwave Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Northwest 1/40f Of The Northeast'/40f Section 36, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-15 (Medium High Density Residential District); And Providing An Effective Date Approved (Pg 66-68) 11. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 9:35 PM Out of Executive Session at 9:48 PM 12. Future Meeting Topics None Adjourned at 9:48 PM (Pg 68-69) Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 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 May 21, 2014 A meeting of the Meridian City Council was called to order at 6:08 p.m., Wednesday, May 21, 2014, by Mayor Tammy de Weerd. Members Present: Charlie Rountree , Keith Bird, Genesis Milam, David Zaremba and Luke Cavener. Members Absent: Joe Borton. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Justin Lucas, Clint Dolsby, David Allison, Mollie Mangerich, Scott Colaianna, John Gonzales, Chris Amenn and Dean Willis. Item 1: Roll -call Attendance: X David Zaremba X Charlie Rountree X Genesis Milam X Joe Borton X Keith Bird X Luke Cavener Mayor Tammy de Weerd De Weerd: Well, thank you for your patience. We will go ahead and start tonight's meeting. I know we are a few minutes late. Technology is amazing, but sometimes it can prove some -- some challenges. So, welcome to the Meridian City Council meeting. We appreciate all of you being in attendance and particular to our champion teams. It's always great to see young faces in -- in our audience and you guys are all beaming, so you still must be on your high. So, we will -- we will celebrate with you in just a few minutes on that. So, welcome. For the record, it is Wednesday, May 21st. It's 6:08. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. 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 Troy Drake with Calvary Chapel De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He is with the Calvary Chapel. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Pastor Drake. Meridian City Council May 21, 2014 Page 2 of 69 Drake: Let us pray. Lord God in Heaven, thank you for the honor, the privilege, the freedom to pray to open up this meeting and -- and, of course, to address the King of Kings and Lord of Lords and what a joy it is that we can do that and, Lord, we just, you know, first of all, thank you for the freedom that we have in our country, that we can do this and we can live where we want to and we can work where we want to and -- and I believe, Lord, that it's because of you and you made this fine place for us to live and so, God, we do lift up the City of Meridian and all of the things that are going on here and we thank you for what a wonderful place it is and, Lord, we also just remember those who aren't experiencing the best of life and we just pray that you would be with them and encourage them and help the hopeless and the fatherless and rush to their aid, Lord, and, Lord, I'm praying for these men and women as they make decisions on behalf of our community and I pray that you give them wisdom and that they would -- as the Word says, that they would seek after righteousness, because righteousness exalts a nation. So, we trust you, God, to do that and encourage them and, Lord, also we just finally pray for -- for hope, Lord, and pray that our people who live in Meridian would have hope, God, that they would trust in you, Lord, as you said that we would love you with all of our hearts, soul, mind and strength and our neighbor as ourself and I pray that true would be a community of people who love one another. So, we give this night to you, Lord, and we appreciate you and appreciate these public servants for what they do and I pray that you would bless them, God, in Jesus' name, amen. De Weerd: Thank you for joining us. We appreciate it. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a few notes to make on the agenda. On Item 9-A, the resolution number is 14-990. On 9-B the resolution number is 14-991. On Item 10-A the ordinance number is 14-1607. 10-B is 14-1608. On 10-C, 14-1609. D, 14-1610. E, 14-1611. And F, 14-1612. And with those annotations, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamations Meridian City Council May 21, 2014 Page 3 of 69 A. Proclamation for Mountain View Girls Softball State Champions Day B. Proclamation for Mountain View Rugby State Champions Day De Weerd: Item No. 5 is a proclamation, so I'm going to move down to the podium and I will ask both our softball champions and our rugby champions to, please, join me -- maybe one team on one side, the other on the other. Okay. Well, tonight we are celebrating Mountain View -- oops. Mountain View has two of three teams here to celebrate their championships that were recently won and we will celebrate the third one next week. So, even though we are celebrating the third team that can't be here tonight next week, we are declaring this day as -- this day for Mountain View. So, let me read the proclamation, then, I will present proclamations to the coaches and at that time if the coaches would like to make remarks I would invite you forward to do so, introduce your teams and we just appreciate this opportunity to congratulate you on your championships and we know the hard work that you put into these. So, with that: Whereas being an athlete builds character, confidence, and teaches teamwork, all qualities that are needed to succeed on the field, in the classroom, and in the real world. And whereas the Mountain View girls track team recently won the 2014 state championship track meet and whereas the Mountain View girls softball team had 26 wins, with only four losses and recently won the 2014 state championship tournament for softball and whereas the Mountain View rugby team had eight wins with only one loss and recently won the 2014 state championship tournament for rugby and whereas capturing their respective state titles builds school spirit and allows those students -- those student athletes to walk the halls of Mountain View with a little extra swagger and whereas with the help of awesome coaches these teams were transformed into winners, with each team member making valuable contributions. Thereof, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim Mountain View High School State Championship Day in the City of Meridian and call upon the community to join me in congratulating these teams on the remarkable athletic achievement and for representing Meridian so proudly in their state championships. Please join me in congratulating. Now, since we usually go with ladies first, I will ask the coach of the girls softball team to come forward and I have the proclamation that I just read, but I also have a proclamation that lists all of the players' names in it for your keepsake and, again, congratulate you for your success. Souza: Okay. Well -- how is that? Good? I will go ahead and introduce the girls here, because I really want the focus to be on them, because it's through their years of dedication and hard work, along with their families and also representing the school in our school's first softball state championship and what I believe to be Meridian -- City of Meridian's first state softball champion out of any of the high schools, so to give them this opportunity to get this recognition. So, I'm going to start with the -- with the sophomores that are on our team and if you want to kind of just step forward and be recognized. So, Megan Browne. And Samm Hamilton. Anna Hawk. And juniors. Jordyn Franco is not here with us today. But, then, we have Lindsey Gonzalez. Junior. And, then, Kylie, I won't forget you this time. Kylie Orr. And, then, we had a lot of Meridian City Council May 21, 2014 Page 4 of 69 senior leadership, which really helped us this year and that maturity and just that experience. So, eight seniors with our team this year. So, starting here with Courtney Chase. Shayla Allen. Courtney Moore. Dakoda Lee. Kaitlyn Reynolds. Taurie Pogue. Nicole Kelly -Harvey. And Lizzy Baecht. And this is our -- one of our assistant coaches, Lindsey Bingham. Reann Ross is also on here and, then, Ken Souza, the head coach. So, thanks for all the support. De Weerd: And if you stand up here I will present this to you. (Proclamation presented.) De Weerd: Okay. Bell: This is my team. Mountain View's. We have been -- I have been coaching this team for three years. Started with a lot of younger underclassmen. We took the team to a single school team. There is not a lot of single school teams in the rugby -- conference in rugby in Idaho. I think we are one of three. And so this is a credit to these guys that have done it within their own school. We recruited and trained hard and worked hard to win the state championship over teams that are pulling from -- some of them pulling from four or five schools. So, congratulations to these guys for that. I will go through and ask the boys to introduce themselves, since I have got a funny accent and my -- and my pronunciation might not be quite correct, so I will start with all of the freshmen come up and introduce yourself. Harrison: Jordan Harrison Smith: Kade Smith. Bell: Sophomores. Rhode: I'm Michael Rhode. Walker: Kody Walker. Quinn: I'm Tyler Quinn. Peterson: Darrion Peterson. Conway: I'm Wyatt Conway. Sample: Adam Sample. Mosser: Griffin Mosser. Prince: Andrew Prince. Meridian City Council May 21, 2014 Page 5 of 69 Habibovic: Abdulah Habibovic. Anderson: Jaute Anderson. Bell: Then we had a pretty big senior squad this year as well, because all those young guys that we pulled in years ago, all these seniors, basically, have been with me for the last three years, so this is the heart and blood of the team. Paulson: Kavin Paulson. Adams: Jackson Adams. Rollins: I'm Nick Frenchy Rollins. Wells: I'm Tyler Wells. Quinn: I'm Jake Quinn, team hooker. Altman: Chip Altman. Wright: Kyle Wright. Bevens: My name is Austin Bevens. Lloyd: Dustin Lloyd. Bell: Thank you for the recognition that you have given us. Rugby is a growing sport in America. We have got all the way -- we run summer camps for six year olds and up. We have a youthful dream team in the valley. We have a lot of girls' teams and it's going to be in the next Olympics. So, you will see a lot more rugby in America. De Weerd: And you want to introduce your coaches? Bell: These are my assistant coaches. Eric Shotwell and Bruce Van Patten. Thank you. (Proclamation presented.) Item 6: Consent Agenda A. Approve Minutes of May 6, 2014 City Council Meeting B. Findings of Fact, Conclusions of Law for Approval: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Meridian City Council May 21, 2014 Page 6 of 69 Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District C. Final Order for Approval: FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District D. Final Order for Approval: FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District E. Final Order for Approval: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat F. Final Order for Approval: FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts G. Development Agreement for AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District H. Mini Heavy Equipment Rodeo Agreement with CESCO for Public Works Week Expo 2014 Equipment Parking Agreement with RWP Meridian LLC for Public Works Week Expo 2014 J. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for a No -to - Exceed Amount of $8,000.00 Meridian City Council May 21, 2014 Page 7 of 69 De Weerd: Okay. Council, Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published, authorize the Clerk to sign -- or Mayor to sign, Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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 7: Items Moved From Consent Agenda De Weerd: Thank you. There were no items moved from the Consent Agenda. Item 8: Action Items A. FP 14-020 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Final Plat Approval Consisting of Five (5) Commercial lots on Approximately 9.11 Acres in the C -G Zoning District De Weerd: So, I will move right into Action Items. Item 8-A is FP 14-020. 1 will ask for staff comments at this time. Lucas: Thank you, Madam Mayor, Members of the Council. Tonight before you is a final plat application for the Knighthill Center. The reason this is on your Action Item list, instead of the Consent Agenda, is the applicant just wasn't able to get in their consent in time to make the Consent Agenda. The site is located on the southwest corner of North Linder Road and West Chinden Boulevard and the applicant is in -- has said that they are in agreement with staffs report and all the conditions of approval of this final plat. I will stand for any questions. De Weerd: Thank you, Justin. Council, any questions? Meridian City Council May 21, 2014 Page 8 of 69 Bird: I have none. Rountree: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 14-020. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-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. B. Public Hearing: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 Zoning District Approved C. Public Hearing: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District De Weerd: Item 8-A -- or I mean 8-B and C are public hearings on PP 14-005 and MDA 14-006. 1 will open these two public hearings with staff comments. Lucas: Thank you, Madam Mayor. Before you tonight as stated is a preliminary plat and development agreement modification for the Center Community Subdivision. The site consists of 6.77 acres of land currently zoned R-15, located on the north side of Chinden Boulevard, east of South Ten Mile Road. Within the -- basically within the existing Spurwing Greens Subdivision The applicant is requesting approval of a Meridian City Council May 21, 2014 Page 9 of 69 preliminary plat consisting of six single family residential building lots and two common lots on this 6.77 acres in the R-15 zone. A development agreement modification has also been submitted to modify the approved concept plan to allow for these six residential lots within what was once planned for as a common area and also to allow for the reduction of the original community center and other amenities that were planned for in this -- in this area. The staff report describes in detail the applicant's request and staff is recommending approval of this application. The Commission at their hearing on April 17th has recommended approval. Several people spoke on the application. The only outstanding issue that came up at the Commission hearing was the size and appropriateness of the pool facility being -- being proposed and written testimony has been received since the Commission hearing from Bob and Gayle Bacon in opposition to the pool facility. Staff can certainly stand for any questions at this time. De Weerd: Thank you, Justin. Council, any questions? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Carnahan: Mayor and Members of the Council, my name is Douglas Carnahan. My address is 4410 West Chinden Boulevard in Meridian. If you read the staff report you will note that some changes reduced the need for some of the property that was allocated to this common -- common area and the major change for that was because the club at Spurwing entered into an agreement with the -- the homeowners association for the development and the -- the deal was that all of the people that belong to the homeowners association became members of -- social members at Spurwing. So, they had access to all the facilities there, except for the golf course. That included the -- the tennis courts. It included the food facilities. It included a fitness center. It included the pool. So, with that in mind there wasn't so much need anymore for that large pool facility. So, it was kind of a tradeoff. Let's put together a project that, basically, takes and replaces the mall -- the large facility for a smaller facility -- still have a pool, but a smaller building and six residential lots. So, rather than go off and do this independently, I worked in collaboration with Brighton, one of the major developers in the area, the Club at Spurwing, the golf club, the Spurwing master homeowners association and the Estates at Spurwing. After a lot of work the conclusion was reached and the planned developed which has been submitted before you and the bottom line is that all of these groups that I have mentioned are in support of this -- this plan. But I also went to obtain some feedback from homeowners. I did it with a meeting that was required for including all people within 300 feet of the site. I did it in writing with some people that had concerns and wanted to correspond on the topic. I did it with some phone calls and I did it with what I called walkers and walkers are -- I happen to live adjacent to the development and I'm doing some construction on my own personal property and it turns out that about two to three times per day a person with a dog on a walk or a person that's just trying to get some exercise comes by to find out what I have going on and so I answer those questions about what I have going on, but at the same time I pick their brain a bit and I say what do you think about this proposal and so I have gotten a fair number of inputs from homeowners. I estimate that I probably talked to 50 in total. So, what are the questions and concerns that have come up? Concerning the housing, the addition of six lots, I have not received one negative input at all on that Meridian City Council May 21, 2014 Page 10 of 69 particular topic. The only issue is people want to make sure that the standard of home that gets built on those lots match the standards of the rest of the community. Questions came up about security. Insurance. I have answered those in conjunction with the homeowners association. The -- one of the issues that came up a little bit more strongly was cost. This project will be built at no cost to the homeowners association. So, construction's paid for by the developer. Me. The only cost will be the maintenance on an ongoing basis for those -- that period where the pool is open and to maintain a smaller facility. So, that -- four people -- four couples specifically wrote me and corresponded with me about their concerns and their concerns very simply state we would prefer not to have that pool facility. We have another one and we don't want it, because we don't want the additional cost and if you do anything put in some sort of a -- an improvement that doesn't cost money. So, on the -- at the same time I received inputs from the other side of the fence, people that the notion of a pool was a sales tool when -- with this project. If you move in here you're going to have a pool here and people have made it very clear to me the expectation was set and we expect you to have a pool and I bought my home here because of that. So, when I try to integrate all that together, I -- the majority of the inputs that I have received on this are favorable to the project. So, with that said I would be happy to answer any questions. De Weerd: Thank you, Doug. Council, any questions for the applicant? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: My main question I guess would be what are the approximate annual fees for -- that will be required for the HOA to pay, since that's, really, the main concern here? Carnahan: Yeah. The numbers I'm going to give you came from the homeowners association that has experience with a lot of facilities like this. The increase in dues, when the facility is built, should be in the neighborhood of four to five dollars per month. The expectation is because of expansion is still going on out there, that those will decrease over time and it depends how many units get built out how much it goes down to. Maybe half of that or something. Milam: Okay. Thank you. De Weerd: Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may, I actually would ask this question of staff. If my recollection serves me correctly, this -- this parcel and several of the surrounding parcels originally came in Meridian City Council May 21, 2014 Page 11 of 69 as one project and we went through some bad times and the pieces were sold off to different owners and -- De Weerd: Mr. Zaremba, will you talk closer to your microphone. Zaremba: And now we are seeing them kind of piecemeal. I guess my question is are we still keeping to the amount of open space and amenities that satisfy the original concept of -- of this entire property. As the individual new property owners make adjustments are we still keeping with the original concept of how much overall amenity and open space is being required? Lucas: Madam Mayor, Councilman Zaremba, yes, staff did a pretty detailed analysis of the amenity package as part of this application and we did look at what was called the original Tree Farm annexation, which was a very large project and this is a portion of that. The Tree Farm has changed names a couple of times, but it's now commonly known as Spurwing Greens. The original Tree Farm application had about 32.42 percent open space, which is well above our ten percent standard. With this change the open space -- and what we are looking at is the reduction of those six lots. It goes down by about 1.46 acres. So, you're left with still almost over 30 percent open space in the development. With that there was also the addition of a tennis facility on this site that was not originally anticipated in the Tree Farm development and a few other things out there that have happened. So, staff is extremely comfortable with the amenity package provided in this development and believes it is above and beyond city standards. Zaremba: Thank you. De Weerd: Anything further from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This is -- this is for staff as well. So, understand my reading and what I'm hearing is that the existing agreement or DA requires a pool and tennis court in this area, a pool of the size that's significantly larger than the one that's being proposed in the amendment; is that correct? Lucas: Madam Mayor, Councilman Rountree, the original DA did not specify a size for the pool. Rountree: But a pool. Lucas: It said a pool and it did describe, though, what we would -- it described a community center. So, it described a pool in association with what we would anticipate would have been a much larger building, maybe with a kitchen with other facilities inside Meridian City Council May 21, 2014 Page 12 of 69 of it. And as the applicant stated, that type of facility is being provided through the -- the association with the Spurwing country club. And so -- and that wasn't -- that relationship did not exist at the time of annexation. That's something that has developed as things have changed out in that area. And so when staff did its analysis we -- we felt it was fair for them to count their relationship with Spurwing to meet that community center, that larger facility to meet that requirement of the development agreement. But staff did feel that a pool at this location is still appropriate. The pool at Spurwing is a very nice facility, but it's extremely close to this -- this part of the development and the applicant stated that they would still like to build a pool. So, that's how we did our analysis looking at this. As it's changed overtime, there is a lot of moving parts, but in the end we still feel like you're getting the amenity package that you were promised with the annexation of Tree Farm. It may not be exactly how they originally described it, but you're getting, basically, the same thing, because of some of the other things that they were able to do with the Spurwing country club. Rountree: Thank you. De Weerd: Thank you very much. There are no further questions at this time. Thank you, Doug. Okay. I had several people that did sign up. When I call your name if you wish to provide testimony I would invite you forward. Melissa Christians signed up against. Okay. Good evening. If you will, please, state your name and address for the record. Christians: Sure. Melissa Christians. 7058 North Port Bush Place, Meridian, Idaho. 83646. De Weerd: Thank you. Christians: I live within the Spurwing Greens area. Thank you very much for the time. Do I have a two, three minute limit? De Weerd: Three minutes. Christians: Three minutes. I will try to make it shorter. De Weerd: Okay, Christians: My position -- I appreciate the owner's freedom and right to want to build what he wants to build, so my testimony is really just asking a few questions about some of the things I heard tonight. First of all, I'm against a pool there, because it isn't necessary. For the same reasons that were cited that the community center meets the requirement of the original design. So does the pool. The pool is never at maximum capacity and like it or not it is within walking distance, depending on what your walking fitness is it is within walking distance. I have used it many many times. The second thing is I grew up owning a pool and, unfortunately, no matter how high you build the fence -- and ours was 11 feet in height -- there was a young boy that climbed it and died Meridian City Council May 21, 2014 Page 13 of 69 in the pool. So, I have a little bit of concern about a pool that's sort of off to the side away from the main view. It's not going to have a lifeguard as I understand it. So, again, it's not that I'm anti -pool, but there are risks with pools besides just costs that come into play here, which poses additional liabilities for us as homeowners. The last point I want to make is that I appreciate that the owner has taken informal polls, but I don't see any evidence of those conversations. I don't see names or signatures and I'm asked to come here and give my name and give my address and give my testimony. But what I'm hearing is third -party information about conversations that occurred. It might make sense to poll the homeowners that belong to the homeowners association that will be impacted by both -- whether this is a good thing or a bad thing, as well as the future cost. That's the conclusion of my testimony. De Weerd: Thank you, Melissa. Okay. Bob Bacon. Good evening. If you will, please, state your name. Bacon: Good evening. My name is Robert Bacon. I live at 6695 North Moon Drummer Lane -- or Way. Excuse me. In the Spurwing Greens development. I have registered as being opposed to this construction, not on the basis of the homes, because Mr. Carnahan has assured me that the homes will be built with the same architectural and construction characteristics of the existing community. I'm satisfied with that. But I, too, am against the addition of a pool. We have had three houses with pools. We have put two of them in ourselves. We know that the expenses go up. Liability insurance, nonrecurring future expenses -- it does not stop. I see this as a wasteful expenditure of our homeowners fees for a future cost. The pool at the Spurwing country club is very close and it's certainly an easy bike ride or a walk. We have tennis courts now, which I think satisfy most of the amenities that the Spurwing Greens people are looking for. I don't think the small pool is -- fits the demographics of our community. I would rather see something that doesn't require too much recurring expense, picnic tables, picnic gazebo, barbecue, something along those lines and not duplicate with a small duplicate the amenity that we have at Spurwing country club. I'm probably forgetting three other things that I'm opposed to on this besides the pool, but I think that's it for now. De Weerd: Thank you. Bacon: Any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'm not hearing it spoken to, but we have a proposal that's approved. So, would you rather have this concept or a potentially larger pool and a club house to have to maintain? Bacon: I think the previous speaker said -- was right on when she suggested that the community should be polled. This is an old concept and no one had any idea that we Meridian City Council May 21, 2014 Page 14 of 69 would be pulled into the Spurwing country club amenities, which is a great feature. We bought our house three and a half years ago when the community was very young. We heard nothing about a selling point of having a pool. It was the lifestyle membership at the Spurwing country club that sold us. Or helped sell us. The community itself is very nice, but that -- that's really the icing on the cake. I think this is old news. It does not fit the demographic or the needs of the community and I would suggest that we take a poll and I have been at every one of these meetings and at best there has been maybe 11 families represented and those were the required ones, the ones that reside within 300 feet of the project. So, I'm in favor of having a poll taken and, then, we will see where -- what amenities should be included. De Weerd: Okay. Any further questions from Council? Thank you, sir. Bacon: Thank you. De Weerd: Okay. If I could ask you not to clap afterwards. We know you all support each other and that's appreciated, but just for decorum. And, Diane, I can't read your last name, so I apologize, but signed up against. If you will, please, state your name and address. Greenheck: I'm Diane Greenheck. I live at 3874 West Firestone Court in Spurwing Greens. De Weerd: Thank you. Greenheck: And I did sign up against. As stated by the previous two speakers, we do have access to a pool -- nice pool amenity. Never crowded. It's a beautiful pool. Has a lifeguard. I think that's important. It's well maintained. It's easily within a bike ride or walking distance. I -- I bought my home, I thought all those amenities were included, I was quite shocked to find out that there could be an additional cost to my homeowner fees, but by the addition of amenities that were already provided for us with our required social dues to the Spurwing country club and all of its nice facilities. So, I would -- I think a poll is quite appropriate. The master homeowners association that was referred to by Mr. Carnahan is comprised of Brighton people and so we as homeowners still don't represent or are a part of our own homeowners association. So, by saying they are for it, it really doesn't mean that the homeowners have actually said they are for it. So, I would be very much in favor of polling all of us who actually live there and pay the dues to see what we would like and I would very much be in favor of a nice park -like setting where we could gather -- maybe a gazebo type setting or something where we just have a nice neighborhood gathering place that's just nice. I would be very much in favor of that. Thank you. De Weerd: Thank you. Those are the names that were on the sign-up sheet. Is there anyone else who would like to provide testimony on this? Yes, ma'am. Meridian City Council May 21, 2014 Page 15 of 69 Himelfarb: Hi. My name is Barb Himelfarb. I live at 4221 West Greenspire in Meridian and I'm one of those homeowners that is within the 300 feet and I -- my husband and I moved there in September and we went to the initial meeting where Doug Carnahan explained what he was going to do and I can tell you that when we purchased our home part of the discussion from our realtor and the neighbors in the immediate area was there is going to be a pool over there and we have two grandchildren. We moved here to be near our grandchildren and we were very very excited that there is going to be a pool there and we are looking forward to it. We were totally impressed with the plans, the way they looked, the esthetics of what they were going to do, so we were very excited and I'm surprised right now that there is people that are against it, because the people that are my immediate neighbors on Greenspire -- and that's all the brand new area that's -- we are at the really far end. We are down there by Black Cat and we see the Jaykers' thing right across from us, so we -- and I know they said that it's close -- we walk all the time. It's 2.3 miles from our home to the clubhouse. So, there is no way I'm taking my grandchildren, even though they are fairly healthy, but we are not walking 2.3 miles to get over there. So, we would have to -- we would have to drive them. So, we were promised that. We were looking forward to that. I think the amenities are great and so I'm definitely in support of it and we moved from a place where we have had our own private pool. So, I'm also speaking from experience of pool maintenance and the chemicals and how we kept it clean and we didn't have a lifeguard on duty and we watched our own kids and grandchildren when they were there. So, I think that it's great, because I don't have to spend five dollars to take my guests and grandchildren over to the other place. This was one, from what I understand, isn't going to charge anything. Now, my responsibility, I understand the liability, but I -- I personally trust Brighton. From their experience they have pools over at Paramount and so some -- and there is a ton of kids over there. So, I -- my sense -- and being a new person here in this state and specifically in Meridian -- is that we have been very pleased with what's going on. I know I'm repeating myself, but it's -- we would very much like to see that go in and I know we didn't take a poll, but I can tell you there is probably eight families on my block -- people that I have had in my home for dinner -- I'm out of time -- that want to see the pool go in. So, I can just speak for that. I don't have their names written down here, but that's my thing. De Weerd: Thank you so much. Yes, sir. Good evening. Brown: I'm Robert Brown. 3809 West Firestone Court in Spurwing Greens De Weerd: Thank you. Brown: Okay. You have heard it all. We don't want this pool. We already have a pool, we are paying for it, we don't think we need another one. It's interesting to me to listen to Mr. Carnahan who said he talks to a few people on the street from that he makes the decision that the majority wants this pool. I think you have heard it from everybody that's come up here, we think an intelligent thing would be for you to say, Mr. Carnahan, why don't you do a real survey of all of the occupants -- and there is something like 220 homes out there now and the lady that was just here said eight families wants the pool. Meridian City Council May 21, 2014 Page 16 of 69 That's a -- that's far short of a majority of people out there. So, I would hope at a minimum you, the Council and the Mayor, would say, Mr. Carnahan, do a real survey, mail out whatever and find out what the people really want and I think you will find out that the people don't want this pool. Thank you. De Weerd: Thank you. Is there anyone else who like to provide testimony on this item? Mr. Carnahan, you have the last word. Would you like to make any closing remarks? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before he does, could I ask staff to -- is there a pictorial or aerial that shows a greater area? And I'm thinking if you -- if something shows all the way from Black Cat to Ten Mile that would be helpful. I guess this is about as close as we are going to get. Good. Thank you. I just wanted to look at it and didn't meant to interrupt Mr. Carnahan. De Weerd: Mr. Carnahan. Carnahan: Before I comment on the feedback from the -- De Weerd: If you could, please, just state your name again for the record. Carnahan: Oh, yeah. My name is Douglas Carnahan. 4410 West Chinden Boulevard, Meridian. De Weerd: Thank you. Carnahan: A questions came up earlier that I thought there was some confusion on. We planned to put a pool in as -- the same size of a pool that would have been there with the larger facility. So, I thought that was not clear, so -- concerning what I said is I have talked to approximately 50 people. That's about right. And among that -- that group of people the majority were supportive and wanted it. I know there is some people that don't want it and they have rallied together to -- but I still believe the majority want it, but these -- these kinds of decisions aren't made by -- during a vote of the homeowners. Like I already pointed out, a larger facility is already approved. I don't need to go through any process. All I do is apply for a building permit and build it. That's it. So, a lot of lots have been sold to a lot of people that the expectation is that there is going to be a pool there. And so it's unfortunate that we can't -- or let me attack it a different way. So, if we do that the homeowners dues will go up more and this is an effort to try to reduce homeowner dues. It takes ground that was going to be used for recreational activities and replaced it with homes that don't cost the homeowners anything. So, I'm a little bit confused by that, because there is some chance they could just all get a homeowners due and a bigger facility in there. So, I'm a little bit confused. I think it needs to be thought through fairly carefully if that's what they really want. But, again, this application had to be signed by the homeowners association for us to go Meridian City Council May 21, 2014 Page 17 of 69 through this, because they own the ground. So, the homeowners association does support this. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor, I have one for Doug. De Weerd: Mr. Carnahan. Sorry. Rountree: As you looked at this and as you formed the idea of -- of putting in lots and still holding with the amenities, did you look at the possibility of adding more lots with no amenities when you looked at the piece of property? Carnahan: More lots and -- Rountree: And no amenity. Just putting in all lots in that particular piece -- Carnahan: No, we did not. See, part of the driving force here is the experience of people like Brighton and the people in the homeowners association, they have other subdivisions in all and they don't think it's out of line to have supplemental pools. They have maybe a major pool facility with a large clubhouse and a satellite pool in the same subdivision when it gets big enough. We have looked at the aggregation of all of this that's going on at the club at Spurwing and that's going on in the new development that Brighton is doing to the east here and said it fits. It fits the model to have a pool with that site. De Weerd: Any other questions from Council? Okay. Thank you, Mr. Carnahan. Council, it appears there is additional testimony. Would you like to hear it? If you will, please, state your name. Bacon: Again Robert Bacon. 6695 North Moon Drummer Way. I just want to clarify something that Mr. Carnahan said, that the homeowners association had been consulted, but you should know the homeowners association right now, because the community is so young, consists of Mr. Turnbull, who is the principal development -- developer of Brighton Corporation and two of his captains. There is no voice from the residents of the community itself. So, when he says he's consulted them, it's, basically, the development corporation he's consulted. That was my point. Bird: Madam Mayor? De Weerd: Thank you. Mr. Bird. Bird: Mr. Bacon, if you -- you have no voice there, this agreement with Spurwing, then, you had no voice in that, that was just presented to you told you you -- that you're part of it? Meridian City Council May 21, 2014 Page 18 of 69 Bacon: The Brighton Corporation contracted that with the Spurwing country club and that was part of the package that we -- Bird: And that was part of your CC&Rs. Bacon: As of this date there are no residents that have been nominated or elected to the board -- the homeowners association board. Bird: You just automatically -- this was included in your -- Bacon: That's correct. Bird: -- homeowners dues? Bacon: At some point when the community is almost built out, then, they are supposed hold elections for residents to become board members of the homeowners association. Because right now there are none and I thought that was an important point to clarify. Bird: But with your agreement with Spurwing if they decide to add on or have problems or something and they want to charge members, are you guys involved in that or are you set with a fixed fee? Bacon: I can't speak for -- that's -- it could go either way. I don't know how to answer that completely. Bird: Thank you. De Weerd: Sir, do -- I know by state law the HOAs have to have an annual meeting. Does your HOA meet annually? Bacon: So far, yes. De Weerd: Okay. And do you vote on the -- the homeowners association dues? Bacon: I don't believe there is any vote on those dues. They are just raised and you can object or pay them. De Weerd: They are raised without a vote of the HOA. Bacon: That's correct. Because the HOA at present still consists of three members of the development corporation. They have final say. De Weerd: Okay. Thank you. Sir. And I will ask for those that haven't testified, if there is people -- we can't have this back and forth. Thank you for coming. If you will, please, state your name and address. Meridian City Council May 21, 2014 Page 19 of 69 Scott: Yes. My name is Greg Scott. I am at 387 West Military Court. De Weerd: Thank you. Scott: A resident at Spurwing Greens for two years now. First of all, I'd like to say I have the utmost respect for Mr. Carnahan, both professionally and as a person. I think I'm the only one here that attended your Carnahan Challenge in 1990. You remember as well as I do. When I moved into Spurwing Greens we knew that we had an association relationship with the club and recently in January, because there was some confusion because our dues were raised for the club amenities, we called a special meeting with the HOA and the HOA came in with concerns against the club on why it was being managed and what our relationship was. We ask that to be documented. Mr. Turnbull with Brighton Corporation attended that and we had homeowners association -- or a homeowners meeting to address our concerns and those concerns were met and our fees were raised. The HOA is not represented by the homeowners, it is represented by Brighton Corporation for at least the next two to three years and he has stated -- David Turnbull -- that he is, then, going to turn it over to the homeowners. However, through that meeting he asked for the homeowners to have an advisory board, so that we can go through this transition at that time. I don't know of any meetings right now. I just want to give a little history to this as far as me being a resident there for two years. I contacted Ann Marie Baird, who works for Brighton Corporation, who is our representative of our HOA. There is not one homeowner in here from Spurwing Greens that has a vote on that. Not one. Not I. Not anyone. As I contacted her I had heard a rumor that there was going to be a development in that six acres there of a pool and so I called Ann Marie Baird up and I visited with her and she knew nothing of this. Nothing. And that that was rumor and never going to happen and that was approximately a year and a half ago. As we had this special meeting -- homeowners association meeting called by the homeowners, led by me, we again met with David Turnbull and Brighton Corporation and the HOA board and at that meeting there was some homeowners there that were concerned about, one, paying the five dollars for the grandchildren to go to the pool and, then, he turned over to his board and he says we are going to build that pool and that was the first time any of us in that room -- there was 60, 70 homeowners there, that had heard about or had even been finalized. So, I'm against the pool specifically. However, I am not against Mr. Carnahan's development there or the homes, I just -- I just do not want to pay to -- for two pools. It's just -- it does not economically make sense to me. So, I'm not opposed to the development, I would just like to have a compromise on pools, because we have a pool and a tennis court and we have access to the club. So, thank you. De Weerd: Thank you, sir. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council May 21, 2014 Page 20 of 69 Milam: So, what are you going to do if Spurwing raises the price -- raises their rates so high that you decide you don't to pay those anymore, then, you will have no pool and you would have no amenities. Or you're just going to have to keep paying the rates as they jack them up. Scott: Well, that was -- excuse me. I didn't mean to interrupt. That was part of the discussion we had on January 26 of this year with what is our relationship with that club and it was discussed, but I have yet to see the final documentation. They are a representative and part of our HOA. We pay 420 dollars a year for access to that club. It was 300 last year. They raised it to 420. So, I accessed the fitness facility. I access the pool. They have lifeguards there. It's a large pool. They will even bring you dinner and drinks if you want them to. I mean it's very nice, very well kept. I have not heard any rumors of Spurwing Greens wanting to eliminate us from the HOA. The question did come up if each individual homeowner could opt out of that agreement and a representative of Spurwing Greens -- his first name was Mike -- stated it was all or none. But at this time there is no discussion of the HOA resolving our relationship with Spurwing Greens like that. That's not even been discussed. Milam: The homeowners don't have control over the homeowners association? Scott: Not for the next two to three years. We don't have a vote. Milam: Okay. Thank you. De Weerd: Okay. Mr. Carnahan, any further comments? As the applicant you get the last word and I think this will be it. Carnahan: Okay. I guess the one point about Ann Marie Baird, she has been discussing this with me for quite awhile. So, she's very familiar with what's going on and she does run the master homeowners association, just to get that point clear. I can't comment on the workings of the homeowners association that -- the master homeowners association. I don't know the board makeup and all that. But it's not uncommon for -- in the early years of the homeowners association to have control exist within a limited set of people and, then, it expands over time to a broader group. So, that's -- that's true. But, again, I -- probably what will unfold -- again, if the homes don't improve there is a really good chance that we will just build the facility like it's already approved and all I'm trying to do is to save that group of people money by taking some of it out of recreation area and putting it into some homes, so there is nothing there that's going to raise homeowners dues. So, I'm a little bit confused by that, so -- at any rate, that's my two bits worth. De Weerd: Okay. Any further questions from Council? Rountree: Well, that answered my last question. Bird: Mine, too. Meridian City Council May 21, 2014 Page 21 of 69 De Weerd: Thank you. Council, any further questions for the applicant or resident neighbors or staff? Okay. I would entertain a motion to close. Rountree: Madam Mayor, I move that we close the public hearing on Item 8-B and 8-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items 8-B and C. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor, just a comment. Oftentimes we are presented with an either/or kind of situation. To me we don't have that situation here. We have a swimming pool or we have a swimming pool. We can -- we can deny the application and the plan as proposed moves forward and be about six and some acres to maintain with a swimming pool and clubhouse. We can approve the request and we have a swimming pool and not that acreage and the developer gets the benefit of six building lots. We can deny the applicant the pool and approve the six building lots and I suspect that what would happen, then, is that you have the pool and open space and a clubhouse to maintain. So, I don't see that there is a win-win. There is a lose -lose. There is kind of a balance here of folks that want it and don't want it. Again, I don't think -- I don't think we have an either/or situation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Council Rountree. It's -- you can either have it large or you can have it small and have some houses around it and not knowing what their agreement with the Spurwing country club is, we might be doing the homeowners a favor in the long run. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Kind of along the same lines, but I just want to reiterate that -- to the people that are here to protest this, we can't take away the pool. They already have approval for this project with a larger clubhouse. So, if we approve what they are asking us to approve today, then, it saves you guys money. If we deny it it goes back to Plan A and it costs a lot more money. Thank you. Rountree: Madam Mayor, I guess if there is no more discussion or comments, I would move that we approve the preliminary plat for Item 8-B, PP 14-005 as presented in the staff report for the hearing. Meridian City Council May 21, 2014 Page 22 of 69 Milam: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Bird: I have none. De Weerd: 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. De Weerd: Item 8-C. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the MDA 14-006, development agreement modification, subject to application and staff comments. Milam: 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; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 14-990: A Resolution Appointing Woody Garvey to Seat 1 of the Meridian Historic Preservation Commission De Weerd: Item 9-A is under the Mayor's Office. Resolution 14-990. Council, in front of you is information on Woody Garvey that I am recommending to appoint to Seat One Meridian City Council May 21, 2014 Page 23 of 69 of the Meridian Historical Preservation Commission. Mr. Garvey has been involved with the historical society and has shown real interest and certainly a passion for being involved and when the chairman and I sat down with Mr. Garvey it was -- it was refreshing his -- his ideas and his passion and what he -- this new energy and fresh ideas that we can bring to our commission. So, I bring his name forward to you for your approval as an appointment to our HPC. I would entertain any questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not so much of a question, but more of a comment. Thank you for your service and for volunteering and HPC is moving in the right direction with lots of new energy and new ideas and I'm excited for you to be a part of that. They are going to accomplish some great things this year. Rountree: Is that a motion? Cavener: Sure. I will be glad to make a motion. De Weerd: I think it's an amen. Cavener: If there isn't any other comments, I would be glad to make a motion. Madam Mayor, I approve -- I move we approve Resolution 14-990. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just want to -- I just want to acknowledge while we are on the historical preservation deal, the work of a young lady sitting down there named Jacy Jones have done for this walking tour. Not only the whole committee, but she has taken the lead and has got this -- she is getting -- trying to get it arranged where we have third graders -- all the third graders in the school district will be coming in and come through it -- I just want a big thank you, Jacy, for what you have done. Jones: Thank you. Bird: Appreciate it. Meridian City Council May 21, 2014 Page 24 of 69 De Weerd: I know. I have never seen anyone take a project by the horns like this and just take it to the finish line like you have, Jacy, and it's truly exciting and anytime we have the opportunity to talk about this project it inspires others. Right now the Association of Idaho Cities is -- is trying to coordinate a mobile workshop when we have our other communities in town for the annual conference and hoping to get that mobile workshop and ultimately be able to take this to all communities throughout the state of Idaho that can have a walking map with QR codes and some history that anyone that wants to discover Idaho can go onto the AIC website, click onto the participating paying cities -- towns that are members and be able to print off a walking map and with QR codes and self tour and learn the history of our great state. So, talk about setting the pace and raising the bar and we hope to maybe not just work through the Association of Idaho Cities, but Idaho's historical preservation commission, as well as the department of tourism. So, I think this has a potential of not just a spark that is ignited in our community, but a fire that can spread through the entire state of Idaho in a good way. So, it's exciting times. With that said, Madam Clerk, will you call roll on the appointment of Woody Garvey. 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: I would ask for, Woody, if you have any comments that you would like to make. Of course I don't ask you before we vote, because, you know, it's not a question -- would you like to make any comment? You already committed when you showed up to the interview, you know. Garvey: I moved to Idaho -- moved here in January of 2013. Very happy to be here and look forward to serving you. De Weerd: Thank you for being here. B. Legal Department: Resolution No. 14-991: A Resolution Appointing Commissioners to Designated Seats on the Meridian Historic Preservation Commission De Weerd: Okay. Item 9-B is under our Legal Department. I will turn this over to Mr. Nary -- well, no. Resolution 14-991. Council, this appoints the Commissioners -- and certainly Mr. Nary can answer any questions you have on this. It's just making sure -- it's a clean-up resolution. Nary: Yes, Madam Mayor, Members of the Council. Last April we corrected the ordinance to stagger all the seats. The prior HPC ordinance didn't reflect that the seats were supposed to be done in a staggered fashion, so last April we did that and at the Meridian City Council May 21, 2014 Page 25 of 69 same time we did the new resolution reappointing all the commissioners, but the ordinance said October of each year they were supposed to be staggered, but the resolution said April. So, we just want to correct that to make sure they line up with the ordinance, so that's why there is a cleanup of when the specific terms actually end. So, that's all the resolution is for. De Weerd: Okay. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we approve Resolution No. 14-991. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-B. 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. C. Community Development: Transportation Update on Projects, Plans and Programs - Including Discussions About Current Construction Projects Including the Meridian Road Interchange, Overlay Projects, and Other Transportation Projects De Weerd: Item 9-C is under our Community Development Department and we will talk about all things transportation. Hood: Thank you, Madam Mayor, Members of the Council. I got bumped off the last week's agenda because it was so full, so I'm here tonight to talk to you about all things transportation, although there is a lot going on, but I will try to be brief in the presentation this evening. I'm looking from the memo that was prepared in anticipation of being on last week's agenda for the 13th. It's dated May 8th, so if you want to follow along that's great. I'm going to talk about a couple of things that have actually come about since this memo was prepared about ten days ago. The first one I wanted to just update you on -- I went to ACHD's workshop today. One of the things that they discussed was our East 3rd Street application here in downtown Meridian and the extension of East 3rd Street. What ACHD staff recommended is to break that project into a couple of different phases. So, from Franklin to Carlton, do a lot of the Meridian City Council May 21, 2014 Page 26 of 69 streetscape improvements, so making sure that sidewalks are in, some of the landscaping, the multi -use pathway, ADA curb ramps, those types of things would be installed kind of as funds allow, again, from Franklin to Carlton and, then, the piece from Carlton to Fairview, which includes right-of-way acquisition. A four-plex is right in the way -- would be a phase two. So, further -- further out things. But certainly with the railroad crossing on 3rd Street -- 3rd is an important corridor. It was something that was called for way back when the downtown Meridian transportation management plan was developed. It's integral to how the split corridor functions. It kind of frames our downtown. So, that was encouraging to hear that it's not off the table, but the -- the price tag, the right of way costs I think are a little intimidating for an economic development project, so I do appreciate that ACHD kept it on their to do list, but don't hold your breath, it will be connected as 3rd Street all the way to Fairview and, you know, next year -- in the next couple of years even, so -- but, again, it will -- it's still on the radar screen and we will continue to work on that. Just kind of a side note on that. We may want to explore if that section from Carlton to Fairview and the 3rd Street alignment is still the preferred alignment, it's been four or five years now that some members of the MDC board have questioned if that's the right alignment or not. Again, south of Pine you have got a railroad track crossing. That's not going to change. You may be able, though, with 2 1/2 Street or 4th, you may be able to look at that. I'm not proposing we talk about that tonight, just to kind of plant that seed that maybe over the next couple of years we look at that again. So, that was one thing I wanted to highlight. It is talked about in the memo, but not that update -- that's on page two -- is the East 3rd Street extension. So, it -- really, moving through programming there at ACHD, again, just in a couple different phases. One of the things I wanted to spend a little bit more time on this evening was talking about the Meridian Road interchange and I'm sure everyone knows it's under construction. But what I wanted to do is just quickly run through the phasing plan. So, we met with ITD representatives -- it was about a month ago now, before this went into construction and I just, again, very quick want to run through this project with you. Work did start Sunday, April 12th. They started mobilizing. The project is -- what they would like me to tell you is late 2015. Off the record -- I'm on the record -- but, really, August, September, I think, is what they are shooting for. Hopefully maybe even before that. But that's kind of a timeline for overall and I think I have mentioned to you all before, but this project is not only the construction of the interchange structure, but also the main lane widening from here to Five Mile. So, I will talk about that phasing here in just a minute. But as far as the bridge structure goes, you can see on this diagram they rebuilt the on ramp, so you no longer loop through and go between the piers down below. They have temporary asphalt down, so you make this wider loop and you enter the main lane of I-84. So, that was kind of -- this is stage one, phase one. One of the other things to note here, they will be working primarily on the west side of the bridge. You can see some of the piers that will actually support the west side of that. They have already been poured. You can see they have already put form liners on there. But pay attention. Please watch the road, but you can also see the form liner and some of the things there, too, you know, you should be going 20, 25 miles an hour. So, you can see that starting to come together. So, what they are going to do is as they build the west half as traffic is using the current structure and, then, put traffic over. But I will talk about that here in just a Meridian City Council May 21, 2014 Page 27 of 69 second. So, I'm going to move to the next exhibit. So, this is phase -- phase one, phase two. Essentially, what I wanted to highlight on this one is the work on the ramps. So, there will be -- when they get to this phase, which should be September, October of this year, the way you access the freeway on the north side of 1-84 will be a little bit different. So, they will put down temporary asphalt and work on the -- taking down, taking these ramps off line, rebuilding a lot of the -- the ramps on the north side of the structure. So, then, onto stage two, phase one. This stage should begin late November, December. So, the traffic will, then, switch to the -- to the newly constructed west side of this bridge and they will knock down the existing structure and start building the other half, then, of the bridge. Also with this phase constructing the temporary ramp pavement, moving traffic over a little bit further to the south as you enter eastbound traffic from northbound onto eastbound traffic. So, that's -- largely what this stage does. Moving on, then, to stage two, phrase two. During this stage they will need to close the interchange for a weekend, so full closure of the weekend to tie in all of the ramps to grades and whatnot. I don't have a date on that. This is still a little bit further out, obviously. But we will definitely notice businesses and anyone that may traverse across this interchange or want to during that time, so -- and, then, they will use temporary nighttime ramps and lane closures to complete those ramp connections. Shifting traffic lanes to ramp B, C, which you probably can't -- can't see, but traffic will, then, essentially, begin using the SPUI as a SPUI design. So, this is really where the bridge starts to function as designed as a SPUI here in summer of next year. I will just quickly also point out, then, after that a lot of the work will have to do with barriers and some of the work underneath the bridge, so on 1-84 constructing drainage, the barriers, concrete pavement and whatnot kind of under the structure. So, that kind of segues in -- let me get my other phasing -- phasing plan up here. A little bit, too, the phasing plan for the main lane widening of 1-84 and that reconstruction of the outside lanes. So, that pavement is in pretty bad shape. They will be adding a fourth lane in each direction and, then, rebuilding that outside lane to make -- to concrete that and make it a little more nice as you -- as you drive across it. This will be beginning May 1st. So, it's coming up pretty soon here. Or, May 1st has already occurred. It's happening, but a lot -- a lot of the real construction hasn't -- it's still 65. It will be 55 during a lot of the -- of the construction. Sorry to look at my notes from when we were supposed to talk about this last time, but -- so, again, this is from -- from underneath and even before the Meridian Road structure to Five Mile. The biggest thing -- I'm not going to run through the whole phasing plan, but they will do the eastbound improvements first, so south side of 1-84 will be first. During that -- let me see if I can make this a little bit bigger. This will be kind of interesting. I'm not aware of this happening -- certainly in southwest Idaho, but they will actually take one of the westbound lanes and convert that for eastbound traffic. So, the northern most -- your left-hand lane will be converted, again, to -- they will, basically, put in a chute and you will be going the wrong way -- I mean you're going the right way, but against what would otherwise be the far west westbound lane of traffic while they work on the two outside lanes. So, there will be three traffic lanes in each direction maintained at each time, so six -- six travel lanes total. But, again, one of the lanes on the otherwise westbound traffic will use the lane. And, then, they will reverse that. When they work on the westbound lanes they will take one of those lanes and make it -- use one of the eastbound lanes for -- for traffic heading westbound. So, that's Meridian City Council May 21, 2014 Page 28 of 69 -- that's kind of the biggest thing. Again, It's a little different. It's a pretty standard practice I think for other -- and I think probably ITD has even done this before on other projects. I'm just not aware of it being used. Maybe Councilman Rountree is aware of it being used previously in the valley, but -- so, that's the one just to kind of call it to your attention is that will be coming up here shortly, so -- I do have these plans and if anyone is interested you can certainly study them more, but I just wanted to kind of give you a heads up on, again, the -- kind of the timeline over the next year and a half or so. So, I don't know if there is any questions on that. If not I'm going to continue on through the agenda and just a quick update on the interchange -- and I'm on page three now in the memo. So, hearing none, I'm going to flip the page, then, to the bottom of three and top of four. I just wanted let you all know that there will be some maintenance projects happening. ACHD does have an overlay occurring on Locust Grove between Victory and Peacock -- that's near Overland Road -- later this year. There will be lane restrictions on that section of roadway between June 8th and June 26th, similar to all the overlays that were done last year. This is the -- basically the one main federal lay -- overlay that we have in Meridian this year. And, again, that will be during the summer, so usually traffic isn't quite as bad with school being out. But I just, again, want to make you aware of that. And, then, the next section of Locus Grove to the south -- so between Amity and Victory -- will be closed during all the estimated days between May 11th and June 22nd, so that our very own Public Works Department can install a water main. So, that's -- those are kind of a few upcoming projects that I just want to highlight in the memo. And, finally, the last thing I wanted to spend a little bit of time on talking about is the last thing mentioned in that agenda. Tomorrow afternoon at 3:00 o'clock there is a Council-ACHD commission joint meeting here in Council Chambers. I just wanted to run through that agenda. When this -- when my memo was published, the agenda hadn't been published, so I just wanted you all -- I'm sure you have seen this. But this is the agenda for tomorrow. So, just a couple of notes on a couple of these things to kind of prep you for the discussion. Item No. 2, safe routes to school -- and you can see there is sub items underneath there. In my opinion -- and the Mayor may have some thoughts to maybe supplement my opinion a little bit with, but there is a lot of overlap in the A, B, C. Maybe before I get in that I was asked to mention I was at ACHD today for their workshop and precommission meeting. There was a comment made that this is an ambitious agenda. So, there is quite a bit that's on here. There is only really three, four items, but -- but there is quite a bit to talk about, depending on where the discussion goes. So, I'm hopeful we can get to this. I think we can and so that's why I would like to spend a couple minutes here just to kind of prep you on where I think the talking points may be. Essentially, the safe routes to school -- again, we are talking about sidewalks in this item. City staff plans on introducing both the safe routes to school sidewalk issue in Item No. 3. Again, Mayor, I haven't talked to you about this, if you wanted to do any other introduction or whatever, but I'm planning or prepared to, anyways, kind of set the stage a little bit tomorrow for some of the issues that we are aware of and maybe some of the solutions as well. But the gaps in safe routes to school and retrofitting county subdivisions or even county enclaves that may not be subdivisions, but with -- with projects that are annexed in the city sometime that we have rural properties that create gaps in those sidewalk projects. So, a recent example of that is Kentucky Way. So, Kentucky Ridge Subdivision is an older county Meridian City Council May 21, 2014 Page 29 of 69 subdivision. Their main entrance was constructed without curb, gutter, sidewalk. Development is occurring south of there that also uses Kentucky Way and to further that Victory Middle School, you know, is planned there on Stoddard and so a lot of the kids here -- middle school age kids, anyways, would go there. I have heard schools like this even referred to as an attractive nuisance. I mean you're going to recreate there, you're just not going to school. There is large fields and basketball courts and so it's a gathering place. So, having good routes for kids and other folks to get to those schools to recreate is important. So, one of the topics tomorrow could be about off-site improvements. When are they appropriate. Who can require them. When should they be required. Should developers foot the bill for that. With annexation or rezone we have done that a couple of times. It's not our standard practice. There does need to be a nexus there. You know, a smaller gap we have required, again, a couple of times. We said, hey, you're creating this gap in the sidewalk. We want you to connect your two pieces of sidewalk and make this happen and the school is just right there, we want you to -- if you want to come into the city we need you to do this off-site improvement. But that's not our standard practice. So, there may be some other tools in our tool box to get there. ACHD does have their community programs -- projects. It hasn't been that long ago, so you all remember the three times we discussed our list of priority projects, community programs being primarily for sidewalks, curb, and gutter are also typically part of something that are scoped. But ACHD does try to fill in those gaps. What I would like to do is try to avoid creating new ones, though. Let's -- let's try to -- as development occurs where we can -- no. Again, I'm not proposing the developers do all kinds of off-site projects necessarily, but I'm just saying that it can be appropriate in certain circumstances. You can also set up an LID area. If you have got a couple of county subdivisions that need retrofitting you could -- you could have them pay, you know, into a fund and, essentially, collect fees to retrofit substandard sidewalks. So, there are some things, anyways, that I hope get discussed tomorrow. Another thing I guess to -- that have also come about -- existing subdivisions. When we approve projects -- I talked to Justin earlier today. We were definitely encouraging our staff to look at -- and you had one here recently, I can't remember the name of the project, but on the northwest corner of Ustick and Locust Grove we talked about getting all of their sidewalks on Ustick and Locust Grove and a landscape buffer with phase one. Not doing phase one over here and two and three and four internally and, then, phase five is over here and we finally get the sidewalks after 200 homes are built. But looking at when appropriate having perimeter sidewalks on arterials put in with phase one. You know, it's not our standard practice a hundred percent of the time, but that is something that we have, again, done before. We have said especially if there is a school and it's going to be on a walking route to school, put that sidewalk on the arterial in with your first phase, so we don't have it linger out there and it can be years and -- before you get that -- that complete system done. So, there is some things I think we can do in-house. Maybe even in conjunction with ACHD as they review these projects, too. So, those are a couple of things, anyways, that I -- in that vein of retrofitting, filling in gaps. What do we do now? What can we do? Rural properties. Rural Subdivisions. County Subdivisions. So, I'm not quite sure where the line is between is A, B and C there. Again, Mayor, I don't know if you have any other points you want to put on this discussion before tomorrow or not. Meridian City Council May 21, 2014 Page 30 of 69 De Weerd: No. I think that you captured the essence in all three of those, whether it's Kingsbridge or -- yeah. Kingsbridge and where they surrounded the existing rural road that had no curb, gutter, sidewalks and this Council asked that the developers of Kingsbridge work with the rural subdivision and to make that safe route, since the school was across the street and no doubts Kingsbridge would be walking through them, to improvements in Old Town where there is no sidewalks and looking for safe routes to school to areas that almost -- Kentucky Ridge is a great example of the old and the new where you have two subdivisions now to the south and to the west that will be going through the older site -- older sub with a lack of sidewalks, but even from that old sub now to the sidewalks in Bear Creek to get them that -- to connect them to that safe sidewalk. So, I guess those are three examples of those three different bullet points that if there is a way that the city and the -- and Ada County Highway District can work together on what they can effect and what we can effect through annexation when it is appropriate to the ask for those connecting points. Hood: So, a couple more minutes on a couple of the other agenda items. Item number three, the real -- second item to discuss, proactive roadway intersection improvements. We have seen a lot of improvements in Meridian through developer cooperative projects and that's probably the number one proactive means of getting roadway and/or intersections done ahead of ACHD programming. That's -- that's one tomorrow that I think we should explore a little bit more with ACHD. It's not something we require developers to do -- usually you have a willing and a wanting developer that wants to get improvements in front of their property or an intersection that's key to making their project marketable that goes to ACHD and says, hey, I want to rebuild this intersection ahead of your schedule, they front the money to ACHD and build the -- build the sidewalk and, then, they are reimbursed through the impact fees they would otherwise pay for their project. So, basically, again, it's similar to the STARS legislation that The Village is using to do Eagle Road improvements. They are fronting the money and building all those things, but they are reimbursed or paid back through their sales tax. This developer is credited through their impact fees that would otherwise be due as homes come online or businesses open or whatever, they don't pay their impact fees, they get -- they subtract it from the credit that ACHD then owes. So -- so, that's a pretty popular tool that a lot of developers have used in north Meridian. Examples -- the intersections on McMillan were all done developer cooperative. Winston Moore did Eagle-Ustick. That wasn't an ACHD project, that was something that he stepped up before Kohl's came in, said if we want Kohl's we got to rebuild this and so he did. There is several other examples. The Pinebridge example between -- on Pine between Eagle and Locust Grove. Dennis Baker did that project. That was one of ACHD's. So, there is -- talking with Gary Inselman there is somewhere in the neighborhood of 20 or so developer cooperative projects that have gone on. Another one at South Ridge. Overland between Ten Mile and Linder. That was done by Jewett ahead of schedule. That was not planned. But that improvement got done. And so, again, it happens quite frequently. It's something where Jerry has some set aside funds every year to work with them. ACHD does chip in a little bit and work with them on the scope of this. But those are usually done by larger developers with larger land holdings or they own two, three Meridian City Council May 21, 2014 Page 31 of 69 or even four legs of an intersection, because if not, then, you got to go through right-of- way acquisition and a nonpublic agency that's a little more difficult to negotiate right of way, but -- but, anyways, that's -- there is developer cooperatives. Also talking about extraordinary impact fee areas. The only one that I can recall in Meridian is in the Magic View area. So, 1-84, Eagle Road, west of Snorting Bull or Woodbridge -- excuse me -- east of Snorting Bull or Woodbridge. That light at St. Luke's Way was funded ahead of its warrants kind of with that, but ACHD gets reimbursed through and extraordinary impact fee that comes due and I know there is some hotels and some medical offices when they come in they pay the regular impact fee. They also pay an extraordinary impact fee, because ACHD did some of the improvements ahead of development. So, that may be another tool that we discuss for south Meridian or Fields District, these projects that may not be in ACHD's 20 year plan where we say here is the geographical area, we ask ACHD to do all of these and, then, again, they get paid back as development occurs in there, because the infrastructure exists. One of the other tools there is just to seek additional funding sources, whether that be legislation or running another vehicle registration fee or whatever, getting ACHD more resources to do more projects. So, that was something we put in our letter as a potential to explore additional funding sources for them. So, those are just a few that I have -- I thought maybe if we are interested in having, again, roadways and intersections in south Meridian, for example, that's been something that's been talked about or northwest Meridian, come on sooner than later there is a few tools that maybe -- I hope we can discuss tomorrow. I don't know if there is any other comments on that one. If not, I will conclude. Number four on the agenda tomorrow -- center medians, raised curbs. I talked to Terry Little at ACHD today and Bruce Mills. I'm hopeful that one of them -- if not Terry, then, Bruce can talk about -- about ACHD's policies, warrants, requirements, just as a refresher. Over the past 12 months or so we have had Ten Mile Christian Church come in. You may recall that with the packed house. Talking about the design of center medians with the Franklin roadway -- Franklin roadway widening project in front of them. Jackson Food Stores at Franklin and Linder were also in front of the Council talking about some raised curbing that was installed kind of ancillary to the roadway project and they were a little surprised by that going in. And, then, Walmart on Overland, also that median and how that functions and the warrants, is it needed. So, what we have asked is ACHD staff to come and explain how do you determine when it's appropriate, what are the warrants, what are -- you know, how -- and I understand these are case by case, but I think that's some of the frustration for the development community is there isn't really rules. We don't know what to expect. There is not a -- a true volume threshold. We know if we get to 25,000 cars a day and there is this much in property damage for crashes or accidents, okay, now we can anticipate that sometime in the near future ACHD is probably going to restrict the access, because it's a safety or a congestion problem. But some of those instances didn't seem to meet any warrants, they were being proactive in installing a median where it may or may not have been necessary and -- depending on your point of view or -- or engineering -- traffic engineering. But, anyway, just having them explain to us I think it would help to hear how they determined when -- when they put in medians or what the discussion should be. When should they consult us? Is it any of our business? Should it be our business to talk about when these go in or that it's an engineering thing and they -- they won't Meridian City Council May 21, 2014 Page 32 of 69 consult us. I don't know exactly what -- what that is. But anyway -- so, that's kind of some of the talking points or the dialogue for tomorrow on that one. I don't plan on leading that discussion. Hopefully ACHD can just jump in and start to explain how they do this, but I do have a little bit of background if we need to. And, then, finally, ACHD would like your input on their strategic plan. They have a quick survey that they would like you to fill out, what are some of the things you value and you think they should value on a scale -- I think from A to E. So, something high priority to this should not be a priority for the highway district. So, that's -- that's the agenda for tomorrow. Hope everyone's comfortable kind of talking about those things and -- I don't know if there is any questions or comments or anything else you want to talk about now, but that's, Madam Mayor, my -- my all things transportation for -- for May. We are in May still; right? Yeah. Okay. De Weerd: We are still in May. Thank you. Council, do you have any questions for Caleb? Bird: No. De Weerd: Thank you for being so thorough, Caleb. Appreciate it. D. Legal Department Report: Historic Meridian Special Events De Weerd: Under our Legal Department, I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We put this back on for a discussion item after last week's presentation in regards to this particular portion of our temporary use permit ordinance. The rest of the ordinance that didn't appear to have any concerns from the Council is on your -- on Item 10 on Ordinances. It's actually listed as Item 10-D. This item is also listed as 10-E. So, we have separated them into two separate ordinances for you. If you wish to move forward tonight on both of them you can. If you don't wish to move forward on this one at this time you certainly don't have to. The only thing that was asked last week was a couple of things. We wanted some clearer definition and so in your ordinance we wanted some clearer definition of what city services were and for what is charged, what is not charged. What we defined city services as basically a service to -- of city -- of the city that's provided to the applicant here in this case. That doesn't include hard costs for other things, such as barricades -- as we talked about, barricades, flags, lighted signs, things like that. Things that have to be purchased or rented to be used. So, the city services that we anticipated that this ordinance would address is just personnel costs and not actual hardware. Unless it's something that we already owned as a city and we didn't have to go out and purchase it for an item itself. But that's the only specific change that was requested. So, that's in the ordinance that's in front of you. Again, the whole purpose of this was to, again, separate out a particular time period of the long-term historical events and things that are provided -- have been historically provided by the city in regards to personnel, but not for things that are -- again, that have a hard cost to them from the police or fire or park system or other service needs. Some of these events -- Meridian City Council May 21, 2014 Page 33 of 69 or the particular event -- the Dairy Days event do pay for certain things that, again, are our permitting costs, so that they don't pay for rental costs and so that's what this would include. It doesn't pay for rental of the facilities, it only pays for the permitting costs, because, again, we have a separate system on how that's done. Those are the only changes we made to the ordinance that's in front of you. Again, we just separated that from the other ones that were in front of you last week on the TUPs. I can answer any other questions that you might have. De Weerd: Council, any questions for Mr. Nary? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know whether it's for Mr. Nary or Sergeant Gonzales or -- in the past we have always had ACHD have barricades and stuff that they come out and we have had Kiwanis Club, Lions Club and all them volunteers to man the closures; am I not right? We have not -- and we missed last year, so -- before that I don't think that -- we are speaking of the Dairyland parade. I don't believe we had to rent equipment, it was furnished by ACHD; am I not right? Gonzales: Madam Mayor, Councilman Bird, that's correct. And ACHD is -- doesn't have the equipment -- or enough equipment or is willing to loan us the equipment like they have in the past. When we have contacted -- I believe it was John Wasson, he's indicated that they have some equipment, but they will no longer just give it to us, that there is a cost with them giving us the equipment and the addition of us having to set it up and break it down and move it ourselves. So, that changed things a little bit. To comment on the volunteers over the years it's been harder and harder to get volunteers to work some of this. The route of the parade has changed this year, so we are kind of playing with moving parts this year, because we really don't have a good understanding of how this parade is going to flow. It's going through neighborhoods now, it's taking a different route and it's going to require us to kind of feel this out. It's kind of like going into a movie theater after the lights have gone out and you have to wait to kind of adjust to it and so there is a lot of moving pieces to it, but we -- we can't rely on Ada County, from what I understand from John Wasson, for that anymore. So, kind of led us into trying to find signage, barricades, placards, signs, stuff like that to help mitigate traffic problems during the course of the parade. This parade is, obviously, bigger than the winter parade. There is more -- it is much bigger. So, it requires more intensive labor in terms of signage and other things there. Bird: And, you're right, I mean as was told to me about 40 years ago, the larger we get the less volunteerism we have and that's proven -- that's proven in my 49 years living here. But it's -- you know, when you have everything set up and ready to go and, then, you're slapped with a four or five thousand dollar request for money and you don't have in it, I mean -- and we are not talking about a group that puts it on and don't pay their Meridian City Council May 21, 2014 Page 34 of 69 share, we pay about 15,000 a year in city taxes. ACHD gets about probably four or five thousand from us. We pay a total of 35,000 in property taxes. De Weerd: We is not we the city. You are saying the Dairy Show Board. Bird: Dairy Show. Yeah. I'm saying the Dairy Show Board. De Weerd: Okay. Just wanted to make sure that the public record understood that. Bird: Yeah. I understand that. I'm sorry, I should have clarified myself. So, it's -- it's something that -- I think that -- and the rest of the Council can -- I certainly want you to come into this and see what -- how you feel and -- but I think this year -- I think that we need to talk -- and we will be meeting with ACHD tomorrow and I -- if it's a problem between personalities, let's get it solved, and use what they have got if we can and I -- and I don't want anybody to not pay their way, but when you get hit two weeks or three weeks or a month before the deal, you got your website out, you got floats in already, any money we derive through the years goes back into scholarships for agricultural kids. We give out 10, 15, 20 thousand, whatever a year to help kids. De Weerd: You mean the Dairy Show Board. Bird: Dairy Show Board. So, I -- I have no problem after this year, if we sit down and figure out something that's -- and something the Dairy Show Board can decide whether they want to continue with it or not and they can also maybe raise their fees to cover the cost, but just to get blindsided a month before the parade is pretty tough. De Weerd: Mr. Bird, I guess I would say as this ordinance came up there was -- was complete agreement that this is a longstanding community tradition and event that for our manpower this city would cover that cost. That is our commitment. The cost of the -- of ACHD and their decision not only blindsided the Dairy Show Board, they blindsided the city. That's not something we do. That's something that we all as taxpayers pay our taxes to Ada County Highway District and we felt that they were a community partner to this as well. Them setting new standards or new policy -- and that is something that you can ask tomorrow. Is this -- is this an action from the commission -- a new thing that they -- they are now withdrawing from long-standing community events and providing the -- the crowd control signage and that was separate from the city. John Wasson is on that planning committee that when we meet to talk about crowd control and all of that and he delivered that news to -- to the team. So, it was new news to our police department and so don't kill the messenger. That's all I can say is they are responsible for this new -- new news -- new news to us and new expense that is out there, because we don't have a budget for it either and we are absorbing the additional overtime that will result from the new route and we are committed to that. So, I just wanted to make sure that that was clear. It's not the city imposing a new cost. That was not of our doing. Meridian City Council May 21, 2014 Page 35 of 69 Bird: And, Madam Mayor, I agree a hundred percent. You should -- and before Sergeant Gonzales got to be the bearer of -- last Wednesday, but I think if you -- if you look back through the record for -- I have never in anything I have been involved with asked for the city to put a penny in. Everything we have done -- we built baseball fields, we have built -- built all that stuff, we did it ourselves. De Weerd: We? Bird: Our group. Meridian Athletic Association. De Weerd: Okay. Just -- Bird: Okay. Anyway, I just -- and I have no problem working this out if there is people that -- and I don't think the city taxpayers should have to bear this extra burden. But you can't -- this should have been -- when we -- when our board met this should have been brought up before, but Sergeant Gonzales had no idea that this was happening I don't think. It's just -- if we had a chance to recoup the money would be one thing, but when you get hit blindsided, you know it -- that's my take on it, so -- De Weerd: For the record, I did try to keep him on track of say we the city who -- or we the whoever. So, just kind of keep that separate. Colaianni: Madam Mayor? Just for clarity De Weerd: Lieutenant. Colaianni: -- just for clarity so we all understand, it's not that Ada County won't -- I don't want them to make out to be the bad guy in this. It's that they have a limited supply of signs and barricades and they don't have enough for the event and there are some costs now with utilizing that equipment. So, I think when you meet with them tomorrow -- and I think that's a great opportunity and dialogue -- I just don't -- in talking with Sergeant Gonzales, they just don't have enough and there is a charge with it now. But the parade route has changed, things have changed a little bit. It's bigger. The city has changed. And so there has been some moving pieces of that. And, quite honestly, once the parade runs through its route this year we may have to take another look at other things, too. We just don't know. De Weerd: Okay. Any other comments? Jerry, Hans, or Council? Rountree: Madam Mayor, I -- De Weerd: Mr. Rountree. Rountree: I'm in the dark about whatever is going on in the background on this thing. I stated last week in my opinion the history of this event is the city has participated in it in terms of providing services. Some of the services the city apparently is not going to be Meridian City Council May 21, 2014 Page 36 of 69 able to do, because the services we were getting volunteered and donated are not going to be available to the city. We still have committed to provide the personnel and take care of the overtime, which is a significant amount of money. I have heard tell that ACHD essentially wants a rental fee for this equipment now and that it might be a large figure than what can be taken care of by going through a private vendor and renting the equipment. Again, that has historically not been what the city has done. They have implemented those pieces of barricades and/or safety devices at the cost of providing the personnel and those were donated and that, apparently, isn't going to happen anymore, unless we can figure out what's going on with ACHD. It may be people at the Dairy Board maybe able to go direct to ACHD, they might get better response. I don't know. I don't know if it's something going on between us and ACHD or whatever. I don't know if that's been done, Keith or Jerry or Hans, maybe you can enlighten me on that piece, but -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The decision that we are being asked to make today, is that just regarding this year or is that regarding a permanent decision year after year? De Weerd: If we can hold on that question and, Hans. if he can -- he can enlighten us any. Bruijn: Hans Bruijn, I'm Meridian Dairy Days president. From what I understand, when we met on Wednesday those two amounts were made. One of them was 2,000 dollars, which is overtime for Meridian police and we understand that part. The other part was 4,200 dollars for the construction traffic company. Not just the barricades, which is in the past, as you said, ACHD has simply dropped them off and, then, our volunteers have put them up. This includes -- and we understand we got -- we got -- is that they wanted us to hire this traffic construction outfit, which includes not only the barricades, but also flaggers, you know, signs -- basically what they did for the Parks Department on the winterland parade or what -- Night Light Parade. In that case they charged I think 2,900 dollars, because it was a small parade. This was a bigger parade -- would cost 4,200 dollars. So, it would not only be for barricades -- I don't see any problem with renting some barricades and for us to put them up. The problem I do see is that we have to go to professional flaggers to bring them in all the kind of signs that we have gotten in the past and that's -- that comes with that amount of 4,200 dollars. That's the impression I got is that we had to hire -- not just renting a couple barricades, but to hire this company to do this for us. That's the impression I had. Rountree: Madam Mayor, I have got a question and I'm just curious -- you all have to enter into some kind of a liability arrangement with an insurer. What's the expectation of that insurer for you to handle safety issues for parades? Is it just do it all with volunteers or do you need to have certified people or -- I don't understand that either. Meridian City Council May 21, 2014 Page 37 of 69 Bruijn: I will have our secretary -- Rountree: Jerry could tell us all that. Bruijn: He will deal with the insurance part of it Mattison: Good evening. I'm Jerry Mattison. I'm the secretary -treasurer of the Meridian Dairy and Stock Shows. That's a good question, Charlie. They have never asked us what security we use or barricades or how we control the parade. That's never been a question we have been asked this and -- Rountree: See, to me that's the heart of -- of my issue with all of this is that if something happens, God forbid, who is -- who is the deep pocket here? And if there is a presumption there that the city is going to bear that cost, I'm not sure I can do that. If it's -- if it's okay from a legal perspective that you all assume that liability when you purchase your liability rider or whatever it is you do with -- with your organization or, in fact, that happens, then, I'm a little more comfortable with -- with, you know, however you do it to get -- if we can get the barricades set up by volunteers and have people that at least know how to flag out there flagging, then, the liability is not on the city or at least it's lessened to the city. Bill will probably tell me to shut up here in a minute, but -- Mattison: I'm not sure on the liability, but the city gave us the plan that the construction company laid out of where to put barricades. If the city gives us that plan and says you need to do this and we do that and there is a problem, I would think it would come right back onto you, because we did your plan, so -- I'm not -- I don't know. I'm not a -- maybe Bill can answer that. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, all of our requirements for temporary use permits require that to get approval from the city to hold this event within the city within any of the city's facilities, they are required to go through a variety of things and a security plan and a safety plan is part of that. So, it doesn't matter whether it's in a park or in the street, we do require before we issue a permit that we have that assessed by our public safety personnel to what's necessary to have a safe event. We do require that the provider have insurance and we do require that the city be named as an additional insured as a part of that to protect the city. What we don't allow is simply that we just turn over and say do your best, put up some barricades. We do require -- as you may recall some of the events we have had we require a security company that's licensed. We don't require -- we don't just allow T-shirt security, volunteers to help security at certain types of events. We don't -- we don't allow -- and mean because of the size of the parade -- and I'm sure Sergeant Gonzales and Lieutenant Colaianni could provide additional information, but there are places where volunteers are appropriate and adequate to maintain security. Generally not at some of the Meridian City Council May 21, 2014 Page 38 of 69 intersections or places where you want people with a little bit more experience or skill level to do that. So, it isn't just putting up barricades, it's a little bit more involved than that, because of the volume and size. But all this ordinance does -- and maybe I'm answering Council Member Milam's question as well. All this does currently -- the Dairy Show -- or the Dairy Days activity is treated as every other event we have in the city as to what the city will pay for and what they are required to pay for as a private entity. This exempts them from the city's portion of what the city would require. Like I said, we have had some where we required they have our own paramedics and they have to pay for that to be present. These would just simply exempt them. So, it's not really a monumental change in that regard in the sense of Council Member Milam's question is it one year or every year, it's every year, it's simply exempting them from a traditional long-term historical practice we have had with this particular event. But I would be cautious in simply saying, you know, if this is adequate insurance, then, we will simply let the vendor pick the risk, because, again, I think the risk is going to be both to the public, to the city, and to the vendor and that's the reason for why the TUP is crafted. This doesn't exempt them from any of those requirements, it only exempts them from the portion that the city would normally have charged a different vendor for. Rountree: So, I guess my question is we have been presented with a traffic plan, safety plan, and a cost -- potential cost figure. Could they not go out and deal with another group that does this kind of thing and get another plan? Does the plan have to be sought by the city and presented to them or can they go out on their own and do it by virtue of the language of the ordinance? If they can get it for 2,000 dollars, as opposed to 2,200 dollars -- or 4,200 dollars and if it meets the minimum safety requirements -- Nary: Madam Mayor, Members of the Council, Council Member Rountree, I don't know what the conversations were. I mean we normally don't direct them to any particular vendor. We know which vendors will provide that level of service. Security is the common one we get a lot of folks -- and, again, we have a lot of people that want to put on events that just as soon say we will cover -- we will take care with volunteers and we know that's not really adequate. But to answer your question, we do design the plan based on our prior experience. If they have adequately -- a company that adequately can perform that for a different price, we don't -- that's not our issue. We care about the price. It's really to make sure that they really can do that and, again, sometimes we get a lot of promises and not a lot of delivery and that's why we have had a comfort in the city directly saying, well, here is some potential vendors if you need them, so they can use somebody else, we just need to know who they are. We need to make sure they are licensed or bonded or whatever is required to make sure that the work can be done safely to make sure the public is safe. De Weerd: And I guess I would just clarify that -- and having not been here last week I feel a little bit disadvantaged, but when the chief and I talked about this at -- it was never intended to even suggest that -- that we would be charging our overtime to -- to do this parade. The information shared was probably this is because of the increased scope with the increased pattern and crowds, there is -- there is an unanticipated cost, Meridian City Council May 21, 2014 Page 39 of 69 but that doesn't mean we are not going to absorb our part of it and -- but I just can't speak to the -- the other piece that I definitely didn't know anything about, so -- Colaianni: Madam Mayor? De Weerd: Lieutenant. Colaianni: Just for clarification. Specialty Construction that Hans is referring to, that's just someone we work with. If they want to go out and find their own like Mr. Nary said, they -- they can certainly do that. We are not tied to that. That's just a company we use for the winter parade. And so they are tied to that. That's not something we are demanding that they use that company. Milam: Madam Mayor? De Weerd: They are a great Meridian business, though. Colaianni: They are. De Weerd: Mrs. Milam. Milam: It's just getting more confusing as it goes on, so -- but this says that we are not going to charge them for city provided services -- De Weerd: Right. Milam: -- which is the personnel, the people that -- the only reason I'm saying that is because renting equipment from them or them or them wouldn't even be a city decision if it's not part of the city -provided service and if that's what they are asking for that would be something I think totally different than what's written in here. This is a we won't charge for city -provided services and that equipment isn't a city -provided service, because we don't even have that, we don't own it, we can't provide it. We'd have to hire it out. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Taking off Council hat and going to board member. The 2,000 dollars in overtime was brought up, but was never -- unless it was -- unless I spoke wrong there or something I don't even recall. Sergeant Gonzales never said anything about charging them for that. He said that's what, approximately, it was going to cost the police department and I believe the route and where the barricades are -- the plan that we have was done by the police department, am I not right on that, Sergeant Gonzales? Meridian City Council May 21, 2014 Page 40 of 69 Gonzales: Madam Mayor and Council, the -- the plan or the route that we are talking about -- the barricades and the signage, that was developed through Specialty. They have a traffic engineer that developed that for us to help us make sure that we covered all of our -- all of the things that would be required for us to have in place to have a safe traffic plan. Bird: That was approved -- you approved that plan after they developed; right? Gonzales: I did show it to Chief Lavey and he did look at that plan and he was satisfied that that would meet the requirements that he would want for that -- for the parade. Bird: For safety that is okay for you guys. Gonzales: Yes, sir. Bird: Okay. Thank you. De Weerd: And that's -- that's what we required as Mr. Nary stated in all our TUPs is that we review the plan and give it a nod and, then, that entity makes sure that the plan is executed. Rountree: So, to me, Madam Mayor, the question is not about the ordinance. To me the ordinance as written is fine. That sets the precedence that's how we are going to move forward. The question is the Dairy Board I think is asking the city to participate in the parade and help defer the cost of the safety plan. I think that's what you're asking. Bruijn: Well, I think what -- Rountree: At least this year. Bruijn: I think what really took us by surprise -- because, you know, we have always done it a certain way. ACHD's brought -- you know, so we have never had to pay for the barricades and we have volunteers set up to take care of it and that's the same plan we went with this year and, then, I can definitely see why you want to go through maybe a little bit more professional outfit, but if we had known that maybe a little bit more in advance we could have done some shopping. De Weerd: And, Hans, I don't -- from why I am hearing, we didn't know that the plan would change. We didn't ask for it. Bruijn: I don't any of us -- De Weerd: I think it was only when John Wasson said there -- we don't have the equipment this year to provide for the parade, so you have to look for another entity to provide that for you and that comes at a cost. Meridian City Council May 21, 2014 Page 41 of 69 Bruijn: Right. And I -- but I think -- that part, just the barricades, just what ACHD has provided in the past, that's not 4,200 dollars. You know, that's just a small portion of that. It's the -- the rest of it. The flagger, you know, hiring the -- paying for the people to do the flagging that we have had volunteers do in the past. I think that portion is where all the money comes at. Milam: Madam Mayor? I think that 4,200 included the flaggers; correct? Bruijn: Right. Yes. Yeah. Milam: Okay. De Weerd: But we don't provide flaggers. That's something that-- Milam: It has nothing to do with the ordinance. Bruijn: No. De Weerd: but -- so who is saying that they can't continue to use the volunteers to do whatever it is? I'm trying to catch up here. Mattison: I think the way I understood when John came to the meeting last Wednesday was -- he did not say you had to use Specialty Construction. We knew that we could go somewhere else. It's just there is a time factor here that it's fast approaching the time to do something. But it was like if you don't do this the city will not sign your permit to do the parade. De Weerd: Okay. So, is that -- is that correct? I definitely know they need the barriers and I think we are all on the same page with that. I guess the true cost comes from the personnel and in the past they have used volunteers for that. Gonzales: Madam Mayor and Council, even though in the past we have had equipment provided to us by ACHD, it still required us to have a large presence of officers to be able to supplement that. By using Specialty Construction it would reduce substantially the number of officers that we would need to be able to handle this parade and to be able to use the equipment to be used appropriately, instead of using manpower that is probably the most expensive piece to do something that barricades and cones should do on its own. So, what I tried to relay to the Dairy Board last Wednesday was that the plan that we had from Specialty, that was a plan that the chief had approved to be able to approve the permit from our standpoint from the Police Department. De Weerd: And what you're saying, sergeant, is in the past or -- that was officers Gonzales: Yes. De Weerd: And so we are causing additional cost. Meridian City Council May 21, 2014 Page 42 of 69 Gonzales: Yes, ma'am. So, what happens is ACHD -- in the past ACHD has dropped off stockpiles of equipment in key locations, making it easier for us, but it still requires -- we usually brief an hour before the parade and, then, during that hour that's sort of the segment of time that we have designated at different locations that equipment is started -- is being placed into the roadway to prepare to close the various roads that are necessary to be closed and the traffic control to be set in place. So, a lot of the work -- although some volunteers might help us, a lot of the work actually comes back to officers to bring those cons out onto the roadway. Now, something that is slightly different in this plan is that ACHD never provided us with a lot of signs. There are a lot of signs in this plan that the chief has looked at and is satisfied with, but we also believe that based on the circumstances it's important for people to know that roads are closed. It's important to know that they can't enter into those areas, not only to avoid cars mixing with people, but overall safety reasons and so people can plan accordingly. De Weerd: I guess, Council, with that clarification, I would suggest that we pay for the manpower part of this, because this is something -- a service and a commitment we have had to this event in the past for decades and that we can continue that commitment to those costs. It's going to be a hard cost regardless, whether it's officer overtime or it's flagger time, but -- Rountree: So, we can go around and around on this, but the rub there was Specialty Services or whoever they are can do it for 4,200 dollars. If you start paying overtime for patrolmen to do this, it's not 4,200 dollars anymore. I can't remember what the figure was, but it was ten, 12, 16 thousand -- it was a big number. De Weerd: Well, Mr. Rountree, as I was saying, I think we need to continue to pay that personnel cost if Specialty can reduce that cost or that burden to us, I'm all for that. But that should continue to be our commitment. The road barriers and such, if ACHD is not -- doesn't have the supply on hand, that hard cost is -- is for someone else to bear. But as far as I'm concerned when we brought this -- this ordinance up, this is the longest standing event in our community and that distinguishes this expense from any other event and that we can explain why we are doing it for this than anything else. But what I can't I guess justify is the hard cost for materials like barriers and signage that we traditionally didn't provide. So, I don't -- that's my opinion. We will continue to pay for the personnel costs. It seems to be less by using Specialty specialists than overtime from our Police Department, so we are getting a bargain in the deal. But I guess that's my position. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- and I -- Hans said something about last Wednesday he had the Kiwanis all lined up to help and stuff like that. Maybe we won't have to hire as many people to help, as long as our police department -- I mean we have always had -- and two years ago I Meridian City Council May 21, 2014 Page 43 of 69 don't think we have ever had a crowd in downtown in 49 years that match that crowd and we had no problems to my knowledge and we had volunteers at the deal. But we do -- it is -- this parade route wanders through some places that we haven't wandered before and it's -- the first year is going to be a catch as catch can and I would sooner have a couple of extra professional flaggers in certain areas than volunteers. Now, volunteers can be along Main Street here at the little roads and stuff like that, but when you get over there at these junctions where you got the parade coming back one way and one coming out this way and this guy is turning this way and this guy turning this way -- and some of our floats aren't very small. So, I think that for the first year we need to make sure that we got enough professionals -- we can use all the volunteers we can find, but we need enough professionals to cover some areas that we have not had before. Bruijn: And I do want to add to that the reason we changed the parade route -- because we -- the parade route that we had before was really nice. That was perfect. But with the change of traffic we just felt that the safety -- you know, and the impact to traffic would have been tremendous. Jerry and I, we went to watch the winterland parade and we could see what mess happened at Meridian Road when they tried it with -- and that was -- you know. De Weerd: Hans, that's just because you heard I was giving out your phone number. Don't call the Mayor, call the Dairy Show Board president. Bruijn: But I think the route we picked -- and, yes, it does go through -- about two blocks -- two or three blocks of residential area, but it avoids Main Street and Franklin where all that traffic goes and I would think the police department would get less complaints by doing that and we may get a few complaints from the residents, although maybe they can sell a spot in front of the yard. But we really looked hard at, you know, safety and -- in our minds, so -- because we never want to get to a point the parade is just too dangerous to put on and we might as well do something different, so -- Mattison: I will also make a comment. I'm not sure if the police department went to Specialty Construction or -- who requested that diagram. Was it the police? Okay. The police requested them to do that. So, to me the police go to this company and says would you plan out where to put signs and barricades that would make this a safe route. Well, I'm going to put every sign I could possibly think of, every barricade -- you know, I'm selling this stuff, I will -- De Weerd: Oh, Jerry, that's -- Mattison: But, then, you take it to the police and say is this good. Well, yeah, that's great. We will sign off on that. But is that really what's needed? And I don't know who determines what's needed. Nary: Madam Mayor? Meridian City Council May 21, 2014 Page 44 of 69 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess maybe to answer Mr. Mattison's question and for the Council, too. In reviewing other communities and reviewing information provided by our risk management association that the city belongs to. This month, in fact, there is a fairly lengthy article about parades. But one of the bigger concerns with parades -- and you probably noticed just from your own observation of other parades around the country -- many times the danger that occurs in a parade isn't from the people within the parade, it's the people that are outside of the parade and don't realize it's there. They drive into it. They drive into the barricades. They drive into people. They drive into the -- they drive into the parade, because they don't -- they aren't paying attention to the fact that something else is occurring that's not normal for them. So, I would -- I would agree that I don't know -- I don't -- I don't know the specifics of this plan and whether or not it's -- it's more than necessary, but especially when you're changing routes and driving through neighborhoods and driving in areas where you haven't been before, there certainly is a different danger that we just don't know about yet. Definitely I think it may behoove the city to make sure we -- whatever level of support from the city we are going to provide we need to make sure we have tracked that, so you and the Council in the future know is this expense reasonable in relation to whatever is being asked. Because all this ordinance does it says if the city provides it, it won't charge for the services the city's providing. It doesn't require the city provide the service for now until the end of time. It sounds like that there is a necessity to sit down and, again, meeting with the Dairy Show Board folks and the police, we could sit down and figure out is there some ways to curb some of this cost. Is there better use of flaggers or volunteers in certain spots and better use of professionals in certain spots and better use of police in certain spots and that may impact the cost a little bit, but, again, the physical barriers and such -- again, it sounds like ACHD doesn't have enough of them and it doesn't have enough -- or it was going to charge for them. So, there is still going to be some cost, but we could certainly go back to the drawing board and bring back a different item next week to talk about that issue and what's in detail. De Weerd: You know, Mr. Nary, I don't want to talk about this anymore. I think it's very safe to say that, you know, whether it's in police overtime or flagger time, we are committed to the -- the traffic control aspect of this. We can ask ACHD if they do -- whatever they might have on hand if we can use that to augment the cost to what specialty supply would charge the Dairy Board for, to see if we can further reduce that hard cost to the dairy show board or dairy board. I don't know why I keep calling it the Dairy Show Board, but someone had to have planted that in my head, but -- and just leave it at that. I think that our police department reached out to Specialty Construction, because we don't have a road department. We are not the road department. We don't do traffic control typically and because of the unique situation and the changed route, we did go to the experts that know how to put those together and I don't -- they are a Meridian business and they have been a community partner -- I don't think they are going to ask us to do something that we don't need to do to get more money and I'm just saying that, because I know the business, we do work with them and their owner also lives here. So, I don't think there is any -- anything beyond keeping a safe route so Meridian City Council May 21, 2014 Page 45 of 69 -- for this community event and for this community as a whole. But to sit down and to come up with something that everyone feels comfortable about and afterwards we will do a debrief and we will -- we will see what worked well, what didn't, and how we can continue to carve off unnecessary cost, but not as Mr. Rountree said at the cost of safety for our citizens and I know that is your goal just as much as it is ours. So, we are in this together. This is a great community event and it does draw a lot of people, because it is a long-standing event and it's an event that we all look forward to. Bruijn: And, you know, if we do this right, then, the Parks Department can learn from us in the winterland parade and maybe save some money there and that is city money, so -- De Weerd: And that's correct. And we get sponsors to cover it. Rountree: Madam Mayor, I have a question about -- how does ACHD play in this gray situation. Do they have to get a permit from them as well? De Weerd: They sign off on it. Rountree: Do they just sign off on it? Bird: They have to give their permission -- Rountree: They have traffic engineers can could put together a traffic plan -- and I'm not suggesting that they do, because I suspect it would be more than 4,200 dollars. But they have engineers that could look at -- De Weerd: Don't quote that, Frank. Or Holly. Rountree: Well, but they are government. I guess I'm thinking how do we move this forward. Have the Dairy Board approach whomever or any other security provider and say we need a plan for security for this route on these roads for our parade and we need it in two days. We need a cost breakdown for men and material. Take that to ACHD. But when you add -- or maybe another one or maybe both, take them to ACHD and say, traffic engineer at ACHD, does this meet safety requirements. Because I'm not going to determine that and I'm not necessarily sure from an engineering point of view -- I know from a traffic control point of view the police department can do it, but from an engineering point of view if anything does happen at least an engineer's approval or stamp on it is going to weigh a lot more from a liability standpoint than -- than the police department or City Council or clerk's office issuing a permit and you have -- you have the plan, you have the costs, the city pays for the men part of it, man part of it, we pay for the -- supporting public safety folks, whether it's the fire department or police or parks and rec or whomever is providing some safety aspect to the parade and move forward. Milam: Madam Mayor? I'm sorry. Meridian City Council May 21, 2014 Page 46 of 69 De Weerd: Mrs. Milam. Milam: Sorry, Charlie, I thought you were done. Rountree: I'm done. Milam: Well, I would recommend that we will pay half of the cost and plus the police presence that we -- that will cost us some overtime as well and that way it gives these gentlemen an opportunity to look at less expensive options, if they find one it saves both of us money and it pretty much takes care of what we have been providing all along, which is the personnel. Without seeing the breakdown that would be my -- Rountree: I'd take my approach. Milam: Uh? Bird: Madam Mayor? Rountree: I said I would take my approach, because personnel are going to be way more expensive than the material. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, we are talking about this year and the ordinance will be a permanent thing and we can work it out afterwards on the deal and I don't think anybody complains about the cost if they know ahead of time and can get it back. I mean, you know, I don't know what the city charged for their floats, but I think it was two or three hundred dollars. We charge 25. Big difference. Maybe 50 for commercial. Nary: Twenty-five. Bird: Twenty-five. If we know that we can maybe get the deal set up and get it taken care of. I think -- I think the Council and our police department -- everybody wants to work this out. They don't want to not have a parade this year. It's such a short time, but I think we just need to sit down and get it worked out and get it done. I'm like -- I'm like Charlie, I think if you want to have ACHD's engineer look at it -- I wouldn't trust their stamps, because if you read it -- if you read their stamp it don't -- half the ones don't even know if they have seen the job before. But anyway. Bruijn: But I did check with Nampa. You know, they put on Parade America and they don't charge to get in it, but their police department volunteers their time for the whole parade. Meridian City Council May 21, 2014 Page 47 of 69 De Weerd: So, lieutenant and sergeant, if we can, please, take Specialty Construction's plan, run it by ACHD, see if there is any cost savings we can find. Have them define the personnel costs versus the -- the material costs. The Dairy Show Board can look at the material cost and, hopefully, ACHD will -- will have something on hand that can help reduce that. The main cost is going to be in personnel and that is something that we will cover and, Council, unless you firmly object to that, I think we can only almost let this dead horse go home. Zaremba: Madam Mayor? De Weerd: Oh, Mr. Zaremba. Zaremba: That sounds like a good idea to me. I do have a couple of saved up comments that I would also like to make if I may. At our Kiwanis meeting today, which I am a member of and attended, it was announced that we are gathering volunteers to -- to the Kiwanis -- Kiwanis will be there in the numbers that you expect, I believe. That's a good point. The comment was raised about what the parks department charged for floats. Remember that that was an electric light parade and the city knew that every float was going to have to be inspected for generators and electrical safety and that was built into that cost as well. I also would comment we are discussing a surprising change in cost, because of a change in the route and knowing that that changed some of the requirements for safety, I'm comfortable particularly for this year with the city bearing a portion of that cost and I relate it -- and I agree with the suggestion that, okay, after it's over, while everybody has warning about what's going to happen next year, we will have a post-mortem and we will discuss what needs to be done with cost and stuff in the future years. I'm comfortable with the city expending a little bit more this year, because we had no expense last year. It was unfortunate the parade had to be cancelled because of construction that was going on, but -- Bruijn: We still paid property taxes, so -- Zaremba: Yeah. So -- De Weerd: And thank you for that. Bruijn: You're welcome. Zaremba: I know we don't carry this kind of stuff over and it's not an equal thing, but we saved some money last year, because they did not -- they were not able to put the parade on at all and I'm comfortable investing a little bit more this year as long as we know that's not a commitment to do extra investment every year, but we will talk about that. Bruijn: And I do think if we had stayed with the original parade route the cost would be even higher, that they would have needed quite a bit more at Franklin and Main and Franklin and Meridian, so -- Meridian City Council May 21, 2014 Page 48 of 69 De Weerd: We are already saving money Bruijn: We are already saving money. De Weerd: So, lieutenant, if you -- and part of looking at this and evaluation -- if it can be considered where those volunteers can be used and where the paid personnel are most appropriate -- actually essentially that would great, too. We want to use our resources to the best in each of those regards. Colaianni: I agree, Madam Mayor, and I appreciate those comments. John is going to go to the Ada County Highway District tomorrow. I don't know what time the meeting is. He's working on that. We will show them the plan. They have seen it. But we will show them the plan, see what materials they have to try and reduce the cost to the Dairy Board. We are not against the parade. We love the parade. I love a parade. But safety has to come first. So, we will look at that. I did look at the quote that Specialty had sent us and the labor costs are a total of 129 dollars. Everything else is materials. Set up and tear down and transport. De Weerd: Well, I like that. We will pay for personnel costs. Colaianni: I'm looking at it here. Use of the flaggers is 129 dollars. Twenty-one dollars an hour. The rest is -- and what I can do and commit to is after this is over I will write -- and review on the whole event on lessons learned and things we can take a look at and come back and present it to Council or have the chief do it, so you can kind of build upon it for next year, so we have something to play by. That would be -- De Weerd: Well, perhaps after doing all of that you can make a recommendation next week. Not for discussion, but for what the city's partnership will be to this. Colaianni: Okay. Mattison: So, where are we right now? De Weerd: We are as far as we were when you walked in the door. At least I think we are clear on what are the next steps to do between this week and next and you have a solid commitment from this Council and Mayor that we want to be a partner to this and we will bring recommendation back next week on how to minimize the pain. Mattison: We appreciate all the support and everyone wants the same thing. We want a fun and a safe parade. De Weerd: Yes, we do. Mattison: That's critical for all of us, so -- Meridian City Council May 21, 2014 Page 49 of 69 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I say one thing? I think -- and I will tell you this at tomorrow's meeting, but I think that we as a nonprofit need to call Specialty Equipment and see if they will donate something. We are a 501(3)(c). Give it a try. Don't sit on our hands. Let's go do it. Bruijn: Especially if most of it is material. Bird: Uh? Bruijn: Especially if most of it is material. Bird: Let's give them a call and see if they can knock off 30 percent or whatever. De Weerd: Well, I'm sure Dean has had a good time tracking this conversation. So much for talking through the chair; right? Okay. Bird: I'm sorry. Bruijn: Thank you. De Weerd: So, thank you. E. City Council Report: Boy's and Girl's Club Donation Discussion De Weerd: Okay. Our next item 9-E is a discussion about the partnership with the Boys and Girls Club and having a discussion on the amount we want to partner with the club on and -- and I know that the Parks Department continues to work on the partnership agreement aspect of it, but as that's worked through we just wanted to get -- get the conversation on the record as to the direction that we are going. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As we know, the Boys and Girls Club are raising capital fundraisers to put up a gymnasium over here in front of their property at Pine and Meridian Road, so that they can service and have more kids that is needed and the programs needed for the children to do this and we have discussed amongst us of -- and I don't call it a partnership, I call it a -- a donation, because every partnership I have been in when the expenses come out pay your half and stuff like that. Well, this is a one time donation in my part. We are not going to help maintain it or anything else and I feel that it's -- it's not -- it is new to the point that -- that we are giving money for programs not on our Meridian City Council May 21, 2014 Page 50 of 69 property, but in the same token we donated over 200,000 for lights for Heritage Middle School, which I understand is also a public entity, but it's still not on our property. We have helped numerous youth activities that have had exclusive right to the fields and stuff that we put it in. So, this -- this -- in my opinion, this is helping youth that don't -- are probably -- don't have a lot of the opportunities that a lot of the other youth have and this Boys and Girls program, if we -- if we don't have that I don't know -- I don't know what we have in this city for these young ladies and gentlemen after school and during the summer program. So, I feel very good that we can -- that we do have the sources to do it and it -- it will help our programs in the summertime -- relief our programs and they can do more and have more kids there. So, I will -- I'm a hundred percent behind it and if -- if there is a way we can maybe use the gym in the evenings or something for some of our programs, that's just an added benefit, but this -- this is not only helping the youth, it's helping downtown Meridian, it's getting people down here, but mainly it's helping youth that don't have the advantage that a lot of other youth have. Milam: I second that. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I guess not unlike Keith, but maybe I can draw the -- that I do see it as a partnership and I see it as a partnership to provide that fabric that we need for the city in downtown and in our -- can't remember what you call that particular area, but where incomes are lower and kids are in more of need for things to do. Now, it's not a -- the Boys and Girls Club is not exclusive to those folks, it's available to anybody that wants to take advantage of it. So, I see it as an important part of our community, just as I see the senior center as an important part of our community and we have provided funds for the senior center for years. It gives those young folks an opportunity to be mentored, it gets them -- a lot of them through school. It gets them to become productive and motivated citizens of our community and other communities as they move on, as opposed to becoming problem children and ultimately problem adults. So, I see that -- to me that's a partnership. I don't know that you have to have a give and take or some kind of a contractual arrangement to be partners. In my mind we are helping them and, in turn, they are going to help us, because they are going to learn skills, they are going to get influence from mentors in the program and have opportunities without this particular facility they just flat won't have. We have seen it. We have seen it in multiple situations. We have seen it in the facility we have with kids that have gone from having a difficult time to being very very very successful and I have no problem at all supporting the effort to -- in my mind partner with the Boys and Girls Club to help those young individuals to have a better life. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council May 21, 2014 Page 51 of 69 Bird: Charlie, I think you're right, it is a partner -- not a partnership, but we are partners with them and you spoke perfect of what -- you know, this -- this is just something that's dear to -- I know your heart, Tammy's and, you know, we have -- anything we can do for the youth -- and especially the ones that don't have the opportunity that our kids or grandkids have, I don't know. I just -- it's something that I can think of nothing better as a taxpayer than seeing some of my tax dollars go for those kids. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add that I agree with that. I feel that it -- De Weerd: Is your microphone on? Zaremba: It is on. Maybe I'm not close enough. And my hearing aids are working better, that's why I'm not shouting anymore. Rountree: Eh? Zaremba: But I do agree and the Parks and Recreation Department is -- is doing a marvelous job of trying to keep up with our population growth, but we do have an absence of facilities in our Old Town area. The Boys and Girls Club does a marvelous job of serving a somewhat underserved population and I know we believe that they tend to serve risks that we call at -- youth that we call at risk in -- and, actually, there are several risks involved. There was risks that if they don't have a facility to go to where there are caring and good example kind of adults around and they are left to their own their processes to figure out what to do while their parents aren't home after school and -- that not only is it a risk to them, it's a risk to our population as well, that they will find things to do that we don't encourage them to do and that will involve more police involvement than we wish to have. So, it does serve our taxpayers and it does serve our people to help the Boys and Girls Club in this effort to provide a facility -- particularly in an area where -- where I think it's a good thing to have a new facility. So, whether it's a donation or a partnership, I support it. Let's do it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: You will have to put me in the dissenters club. I struggle with committing tax dollar funds to a facility like this. I love the Boys and Girls Club, I volunteer, I have personally donated. I think they do a lot for our community. There is a lot of other organizations in our community that serve those that are in need and I think the city has done a great job of utilizing the mechanism of CDBG grants to assist those and I struggle with trying to say here is another pot of money to go to a cause that while I personally believe in, I struggle to decide that that's a good use of our funds. I think the Meridian City Council May 21, 2014 Page 52 of 69 Boys and Girls Club in the Treasure Valley has proven to be supported by our community and I think will continue to do so. I just -- I don't feel comfortable at this point in juncture without a formalized agreement about what a true partnership looks like, that's something I'm in favor of. I hear from all of you, people who I really respect and admire that you think this is a great idea and if it is a great idea let's formalize something that benefits our whole community, not just one particular population. De Weerd: Let me give you a little bit of perspective. The -- the city convened a group -- I don't know, Keith, was it in the late '90s -- it might have been before I came on Council -- led by Mayor Corrie and, then, he kind of handed over to me, but we asked the Boys and Girls Club to come here. We researched many different youth organizations to find the right model for a community that had nothing for kids after school. We asked them to come here and when they came here we provided our former police station after our police got their new home and the minute we opened the doors -- and the community stepped up. They went in and gutted it, they remodeled, and the minute we opened the doors we had a waiting list. The community stepped up again and bought their current facility. I believe the facility itself was 1.7 million dollars. They still have a half a million dollars to pay off that billing, but, again, we are serving over 225 kids daily, with a waiting list of a hundred kids and that's -- that's unacceptable. Many communities have community centers that offer programming and after school for these kids that because of the Boys and Girls Club this community doesn't have to impose not only one time costs, but ongoing maintenance and staff to provide those services. The Boys and Girls Club through community donations provide that at a savings to a city and their parks and recreation outlay. So, I do think -- just like we justify our partnership with the city center, that this -- this has all the right reasons behind why it makes sense to be a capital partner to it and to continue to explore a partnership that the Boys and Girls Club and our Parks and Recreation Department feel will continue to be able to utilize a community asset and to serve the citizens who need it the most and in this case and in this particular location it does happen to be kids that are latch key and don't have the same opportunities I know my kids had and many other kids have had. So, I -- I truly believe that that is a community responsibility and our community has stepped up. But our community has also said that it's something that they don't have a problem the city being part of that community partner as well. And so with that and with a decade and a half that when the community first said, city, you need to lead this and you need to find those solutions to providing a safe place, caring adults, helping start marketable skills and opportunities to serve, which are all the five promises that we committed to as a city in creating the Meridian's Promise that we need to continue to be committed to and this is one of those commitments I feel comfortable about being part of that promise to our youth, so -- and I appreciate Garrett and Steve, they continue to talk with the Boys and Girls Club to -- again, to see how we can find things that can benefit the community -- that I know the Boys and Girls Club wants to be a community partner as well and so I think we need to just let them continue to do their jobs and -- but at this point I think it's important for those Boys and Girls Club and for this community to know what the city's thinking in terms of a financial commitment to this campaign. Meridian City Council May 21, 2014 Page 53 of 69 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add to the comment that I -- I have had the same discussion with myself that Councilman Cavener raises. Should we -- should we pick special -- should we pick special projects in the city and, you know, by making a selection like this we exclude some other people that -- or some other organizations that we don't -- what pushes me over the willingness to do this and make this contribution is the exchange and I may have mentioned it, but my feeling is it's the same as I feel about parks and recreation and my experience of having lived other places in the country. Again, this is antidotal, not proven, but it appears to me that places -- places that don't spend enough money on parks and recreation and things like the Boys and Girls Club, spend a lot more on police and jails. So, you don't save money by doing it and what pushes me over the brink of being able to say, yes, I would pick and provide some favoritism to the Boys and Girls Club is that I know the results that they get and the results do safe our police money and the results do save our community the money that we are going to claim we saved and contribute and I'm willing to make that trade, because I feel we would end up spending it anyhow and I'd rather spend it this way. Bird: Madam Mayor? De Weerd: I guess I would just add one more thought, perhaps, Mr. Cavener, that might also solve some of that inner turmoil is we have gone into a partnership with the Police Activities League and we have wonderful facilities that they have priority use for, but it serves a boat load of kids and it gives them a lot of life lessons. So, it is a partnership with the Meridian Youth Baseball organization and we have a quality product there. As with Adventure Island Playground. And there is a number of partnerships that we can talk to. It reinforces that this city has a true commitment to the kids of our community and I think this bill fits as nicely in those partnerships than anything else could. Mr. Bird. Bird: Well, I think you have basically hit a lot of the stuff that I was going to say. I -- I just -- I feel that this community has always -- and to be truthful with you, Councilman Rountree and myself have helped a lot of programs together and stuff and I don't believe we have ever once asked for city help or anything, but this time we have grown to the point where we -- where we have to -- the city has to give some help to get these young people their roll models and the manners that they get over there changes their lives. I mean we have all coached or worked with youth and, you know, the greatest thing about it is when you have some 55 year old kid come up and tell you that, you know, you have helped in his life and it's something that there isn't a taxpayer in this city that won't bend over backwards for a youth and that's -- that's exactly what we are doing, we are helping kids that -- that need the help and deserve the help. Milam: Madam Mayor? Meridian City Council May 21, 2014 Page 54 of 69 De Weerd: Mrs. Milam. Milam: There is not a whole lot more to say. I echo -- I agree with everyone on this side of the room. Sorry. I would like to add that I would like to continue the discussion of really pursuing getting that facility space for us to use. I'm not asking for strings to be attached, but I do not want to give up on that and I want to pursue it to the tenth -- hundredth extent, as much as we can, until we are out. I would like to be able to use that facility for our community events with the parks and rec after hours and that's -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think -- Genesis, I think that will be being worked out and I think that we need to continue, but if -- if you guys would permit me, I would like to make a motion that we bring a resolution back committing 500,000 dollars to the Boys and Girls Club to be given to them for the gym facility only and that our Legal Department and our Parks Department continue to work out, so if it's legally possible for them to let us use it after hours or something that we can do that and I assure you that they would have no problems doing that, but it's got to be legally done, so they don't lose their tax exemption, because if they have to pay taxes, people, they don't exist. Milam: Is that a motion? Bird: My motion. Milam: I second that. Nary: Madam Mayor? De Weerd: I'm not sure I understand the motion, but Mr. Nary. Nary: Madam Mayor, Members of the Council, I think this might address what Council Member Bird's motion is, as well as his comment that was made by Council Member Rountree. I would only suggest for the maker of the motion that we bring an agreement. Under the law we can provide this to the Boys and Girls Club, the city can, but we have to have an agreement as if it were a grant, because there is a requirement in the law that it has to be used for the purpose you intended it. So, that has to be done in an agreement, not a resolution. But other than that -- I mean you can certainly do that to -- maybe for the public record for those in the audience that are home, everything you all said fits exactly into the public purpose that's allowed under the law. You have provided grant funds under our Community Development Block Grant program to the Boys and Girls Club for this similar purpose and this -- a grant, essentially, from the city for this purpose is perfectly within the confines of what the law would allow, it just needs to be in an agreement, so it's clear the purpose of it, why it fits the public purposes that are necessary in our community and that it will be used for that specific purpose that you Meridian City Council May 21, 2014 Page 55 of 69 intend. So, if the maker of the motion is comfortable with it being an agreement, not a resolution, we will work that out with the Boys and Girls Club and bring that back. Bird: And Madam Mayor? De Weerd: Uh-huh. Bird: I would -- Bill, I thought we had to have a resolution to track it, but an agreement would do that. If the second agrees, an agreement is fine with me. Milam: Second agrees. De Weerd: Okay. Any further discussion? No? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, nay. De Weerd: Motion passes. Four ayes and one nay. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. F. Police Department: Awarded Additional FY2014 Traffic Enforcement Mobilization Grant and Alive at 25 Funding De Weerd: Okay. Item 9-F is under our Police Department. Gonzales: Madam Mayor and Council, thanks for having me here tonight. I think had the community known how lively our discussions have been tonight they would have DVR'd the American Idol for now and they would have been here. I'm here to discuss requesting spending authority on some grant funding that has been awarded to the Police Department, City of Meridian. Spending authority for 38,369 dollars, divided into two different areas. The first area is 2,369 dollars provided for Alive At 25 promotional -- promotional items and these are items that we would give away to people to promote the Alive At 15 program. The other part of the funding is a new program that the Idaho Transportation Department is starting, with traffic mobilization, primarily to reduce and enforce impaired driving and aggressive driving and the way that would come is in two forms. One would be overtime and one would be in equipment incentive funds. So, 20,000 dollars would go to overtime. This would be for the deadliest one hundred days, which is the dates of summer between Memorial Day and Labor Day. The nice thing about that is it allows us to identify when we need officers on duty for those activities and to be able to put those officers on overtime and pay those costs to address impaired driving and aggressive driving. In fact, those also include distracted driving. Ten thousand dollars would be towards incentive funds so we would be able to log the time that we already do towards these activities, impaired driving and aggressive driving and be able to earn 10,000 dollars for equipment for the police department to continue to use for enforcement activities. There is one slight difference than in previous grants Meridian City Council May 21, 2014 Page 56 of 69 that we have in this form. This funding requires that we provide a 20 percent match and 6,000 dollars has been set aside to be able to cover that 20 percent match. Hopefully, that's in a nutshell what the funding is in reference to. I stand for any questions. De Weerd: Council, any questions? It's a great program. Bird: Great program and he does a great job. Gonzales: Thank you. De Weerd: There is a model in the state. Not a surprise, but -- Bird: Yeah. Gonzales: If I could speak to that for a moment. I recently had the opportunity to go to the Lifesavers Conference in Nashville, Tennessee, and had the opportunity to speak to a national audience about the great things that we do here in Meridian, Idaho, so -- De Weerd: Great things you and your team does. Gonzales: There is a lot of people involved. De Weerd: So, thank you. Gonzales: Including Ken from the Mayor's office. Bird: But there is one good leader. De Weerd: Council, you have in front of you -- nothing. Did we need to approve something? Rountree: Budget amendment. Gonzales: It's a budget amendment for spending authority. De Weerd: But it's not noted. So, I probably did -- Bird: I thought it was a budget amendment, too, until I just read this. Milam: It is here. Bird: Yeah. It's not -- Milam: Should we add an item or not. Rountree: The topic's right. Meridian City Council May 21, 2014 Page 57 of 69 Bird: The topic is right. Why can't we just do it? It's 6,000; right? Gonzales: The amount is 38,369 dollars. Bird: Madam Mayor? Milam: Oh, 6,000 is -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the budget amendment for the Police Department 38,369 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve item -- the request under Item F. Kind of. Any 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. G. Public Works Department: Budget Amendment for FY2014 in the Amount of $300,000.00 for the Wastewater Treatment Plant Administration Building and Laboratory Construction De Weerd: Item No 9-G is under our Public Works Department and it looks like I will turn this over to Dave. Allison: Madam Mayor, Members of the Council. Good evening. Dave Allison. Engineer with the Public Works Department. Tonight before you we have a budget amendment. It is for the construction of the new administration building and laboratory expansion projects at our wastewater treatment plant. I hope you guys have the spread sheet. I don't know if that got attached. Bird: It did get attached. Allison: Okay. This spreadsheet breaks down what the total amendment is and where that monies will be going. The total amount is 300,000 dollars. We start off here at the top. The administration building currently has a net change order amount of 45,000 Meridian City Council May 21, 2014 Page 58 of 69 dollars, with an additional cold weather protection amount of 8,460 dollars. That total comes out to 1.3 percent of our overall budget for the administration building. Our laboratory has a net change in an amount of 67,560 dollars, as well as 7,700 dollars for cold weather protection. And that comes out to about 2.2 percent of our overall budget for the laboratory. In addition to the change order amounts we have here we have monies allocated -- that need to be allocated for a contract that's still to be let for card readers and access controls into the building. It's 44,338 dollars for the administration building and the operations retrofit and the laboratory is 25,882 dollars for the card readers at that facility. The remaining funding that we have allocated here is 100,665 dollars. This amount would be set aside, because the construction right now is underway. The state budget cycle, as well as our budget cycle blacks us out from coming to ask for more budget amendments between June and October 1st. This money would be set aside to cover any changes that came up between now and that time. I stand for any questions if you have any. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Two things, David. On the -- when we bid the job was the timetable with the bids and stuff where they knew they were going to be pouring concrete in cold weather? Allison: We didn't at that point. We weren't sure. Bird: We didn't know -- we had no schedule at all? Allison: We definitely had a schedule. We weren't sure at what point -- what would be required. We had regular blanketing required as part of our spec included in the construction contract. What happened here was that first week of December we had negative ten degrees out there as they were pouring that foundation for the lab and the admin building. That necessitated additional cold weather protection. We had a ground thaw heater. That's something that runs on diesel -- glycol and keeps that -- keeps that warm and up to specs for our construction there. Bird: But we did have a schedule when they bid the job? Allison: Absolutely. Bird: Okay. Card readers. Allison: Card readers. Bird: Wow, those -- that's -- I didn't realize they were that expensive. Why weren't they in the original bid? Meridian City Council May 21, 2014 Page 59 of 69 Allison: The card readers -- and just for perspective, just the hardware -- we actually use Apex, it's a company that we use throughout this facility, the wastewater plant, police department, any city facility -- they are the only authorized distributor of the company Llanell. All the cards we all have here. It's about 2,200 dollars just for the components that sit on the door. That doesn't include any of the hardwiring, any of the low voltage to the door, that's just what sits on the door panel. So, those numbers are reflective of that and all the doors that we are going to have in those facilities. That was not included in the original construction bid, because that is a sole source vendor for us. So, we didn't include that in the original construction project or include -- the original construction bid. Excuse me. Bird: Do they do the installation or does your electrical people do the installation? Allison: Our electrical people bring the box and all the conduit up to the door and they provide -- they come in and install it. Bird: They come in and provide it. Allison: Exactly. Bird: And does this include -- does this include the electrical work by our electrical contractor also or is that going to be a change order for him? Allison: No. That was included. That is included in the electrical contract. Bird: I have no more. De Weerd: Any other questions? Thank you, David. Council, I will need a -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't -- if we don't have any questions or anything, other than that, I would move that we approve the budget amendment for the wastewater treatment plant administration building and laboratory construction for 300,000 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-G. Any discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. Meridian City Council May 21, 2014 Page 60 of 69 MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: So, David, I was expecting a slide show. Or PowerPoint. Correction. Allison: I spoke with Tom and we decided that we would come back and do one presentation, maybe a couple months down the line once we had a little bit better -- De Weerd: Pictures and more material. Right? Okay. Bird: We only beat two things to death, we may as well beat another one. H. Public Works Environmental Division: Budget Amendment for FY2014 in the Amount of $50,000.00 for Water Quality Trading Program Feasibility Study De Weerd: We can do that with Mollie. Thank you. Mangerich: Good evening, Madam Mayor, Council Members. Mollie Mangerich, environmental division manager. I'm here this evening requesting a budget amendment for fiscal year '14 for 50,000 dollars for professional services to conduct a water quality trading feasibility study. Back on our April 9th City Council workshop we did a quite lengthy presentation to you, along with HGR, explaining our wastewater and NPEDS permitting implications. In that presentation we provided options to meet our new compliance requirements and you will remember that -- I know you will remember our strategic approach identified four areas to meet these new compliance requirements. These were treatment discharge options. The offset option. This is water quality trading option. And, then, we had the aquifer recharge option. So, tonight I'm bringing you one of those options, the feasibility focused on water quality trading feasibility study. This is an early design development study identified in our NPDES implementation plan. These near term support activities provided by this feasibility study will inform larger capital investment decisions and they could be potentially low cost relative to the treatment improvements that we are planning for our facility, the technical capital. The feasibility study is a necessary effort to gauge the opportunities, cost, and hurdles for our city to use nutrient credits for both phosphorous and ammonia, which have very strict requirements. I'd like to remind our Mayor and Council that by providing the discharge not only at municipalities, but their business industries, more flexibility to meet pollutant loading requirements, water quality trading, also incentivizes wider participation for those nonpoint sources, including agriculture, those who do not have to abide by a permit discharge. In most watersheds throughout the United States we recognize that most of the pollutant loading coming in for our surface waters is generated from a nonpoint source. For us to open up and engage in partnerships that are of benefit to those -- both of us will end in net environmental benefit down at the Snake River, Hells Canyon. For us to assess any benefit or logic to entering into a training credit, we want to get out of the gate early and start the feasibility study with the irrigation season. I stand for questions. Meridian City Council May 21, 2014 Page 61 of 69 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is a fast one. You mean our little carpet don't work anymore for strainers for the discharge? It was before your time. Charlie remembers that. Mangerich: I will research that. Bird: On the serious side, this -- I know that this isn't going to be the final study we are going to have on this, because our rules and regulations change all the time, but how long do you suppose this feasibility study -- is it a ten year program you think we can get by or are we going to be doing it every year or -- Mangerich: Feasibility studies by the written of its scope of work in the task order that result from it when approved -- will be within the fiscal year. We want to grab it on this to do the on -ground study and identify property owners. The type of pollutants, because of uses on fields, what that means in terms of the nutrients, like the phosphorus loadings and the ammonia loadings with that and that -- so that we can get out the door and we can start to guide that conversation with DEQ, so that we can set up the important things like what are the parameters of a trade credit? What's the shelf life of a trade credit? Recognizing the unique plumbing of the Treasure Valley and the agricultural origins, we need to be more flexible to provide for them, but provide for credibility and security for us. Bird: Thank you. Mangerich: You're welcome. De Weerd: Any other questions? Thank you, Mollie. Mangerich: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore questions or anymore conversation, I move that we approve the budget amendment for the amount of 50,000 dollars for a water quality retraining program feasibility study. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-H. Madam Clerk, will you call roll. Meridian City Council May 21, 2014 Page 62 of 69 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 10: Ordinances A. Ordinance No. 14-1607: Repealing City Code Provisions Regarding Texting While Driving and Uncovered Loads De Weerd: Now I know why Jaycee Holman is not here tonight. Jones: She did it on purpose. De Weerd: Yeah. Okay. Madam Clerk, will you, please, read Item 10-A, Ordinance 14-1607 by title only. Jones: An ordinance repealing Meridian City Code Section 7-1-9, relating to texting while driving. Repealing Meridian City Code Section 7-1-13, relating to uncovered loads and providing an effective date. De Weerd: You have heard this ordinance read. I don't see anyone that wants to hear it further. Council? Rountree: Madam Mayor? Bird: Go ahead, Charlie. De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 14-1607 with suspension of rules. 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. Meridian City Council May 21, 2014 Page 63 of 69 B. Ordinance No. 14-1608: Updates to Title 1, Meridian City Code De Weerd: Item 10-A is proposed -- or Ordinance 14-1608. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An ordinance amending Title 1, Chapters 1, 2, 3 and 4, Meridian City Code, regarding official city code title, acceptance, court proceedings, severability clause, construction of words, providing for general penalty for violation, application, and liability of officers, amending Title 1, Chapter 8, Article A, Meridian City Code, regarding appointment, term of office, duties of the city clerk, deputy city clerk. Amending Title 1, Chapter 8, Article A, Meridian City Code, regarding appointment, term of office and duties of city treasurer, repealing and replacing Title 1, Chapter 9, Meridian City Code, regarding city finances, definitions, investments, budget policies, regarding city finances, repealing Title 1, Chapter 12, regarding joint building and planning and zoning department and fund and providing an effective date. De Weerd: You have heard this read by title. I don't see anyone who would like to hear it read in its entirety, so, Council, could I have motion to approve? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance 14-1608 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-B. 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. C. Ordinance No. 14-1609: Parking Code Updates - Prohibiting Parking in Fire Lane or in Space Designated for Disabled Persons De Weerd: Item 10-C is Ordinance 14-1609. Madam Clerk, will you, please, read this by title. Jones: An ordinance amending Meridian City Code Section 5-1-2138, authorizing fire chief to solicit assist from police and code enforcement officers in keeping fire lanes free Meridian City Council May 21, 2014 Page 64 of 69 from vehicles. Amending Meridian City Code Section 7-2-5A3H to regulate parking of unregistered vehicles on public streets. Repealing Meridian City Code Section 7-2-8, parking code enforcement, authorities, tickets and procedures. Adoption new provisions of Title 7, Chapter 2, Meridian City Code regarding parking in fire lanes, parking in spaces designated for persons with disability and parking code enforcement authority, tickets and procedures. Amending Meridian City Code Section 10-4-2 relating to amendments of 2012 International Fire Code Section 109.4 relating to violations, penalties and providing an effective date. De Weerd: Okay. Seeing no one wants to hear it read in its entirety -- Council Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve Ordinance 14-1609 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-C. Madam Clerk, roll call, please. 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. D. Ordinance No. 14-1610: Updates to Outdoor Sales and Temporary Uses Code De Weerd: 10-D is Ordinance 14-1610. Madam Clerk. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code Section 3-4-2A5C, extending the time period for issuing or denial of a mobile sales unit license. Amending Meridian City Code Section 3-4-2A5D1. Authorizing the city clerk to deny incomplete mobile sales unit license applications within 30 days of receipt. Amending Meridian City Code Section 3-4-3A6H, allowing city clerk to designate personnel authorized to revoke temporary use permits and making failure to obtain required structural, mechanical, electrical or plumbing permits or inspection grounds for revocation. Adding a new section Meridian City Code Section 3-4-3C6A5C, allowing special events on nonresidential properties in residential districts. Amending Meridian City Code Section 3-4-3C3B to extend the time limit for promotional sales unit in the city core. Amending Meridian City Code Section 3-4-3A6C and 3-4-3A6F regarding notice of right to appeal denial of temporary use permit application. Amending Meridian City Meridian City Council May 21, 2014 Page 65 of 69 Code Section 3-4-4F regarding notice of right to appeal denial of citizens use permit applications and providing an effective date. De Weerd: I really don't think anyone wants to hear this one read in entirety. Bird: I was going to say, was that all the ordinance. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1610. Milam: Second. Bird: With suspension of rules. Milam: Oh, sorry. De Weerd: Second agrees? Milam: Second agrees. De Weerd: Okay. I have a motion and a second to approve Item 10-G. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Ordinance No. 14-1611: Historic Meridian Special Events Code De Weerd: Item 10-E is Ordinance 14-1611. Madam Clerk. Jones: Amending Meridian City Code Section 3-4-1, adding definitions of city service and historic Meridian special event, Meridian City Code Section 3-4-3C6B3B regarding waiver of cost for city services provided to support historic Meridian special event and providing an effective date. Rountree: If you put that to music you would have a nice little -- De Weerd: It would be more entertaining for Ralph, too. Do you want to hear this one? No? Bird: Madam Mayor? Meridian City Council May 21, 2014 Page 66 of 69 De Weerd: Mr. Bird Bird: I have got a question before I make a motion. This -- this is the one that we spend three hours debating, but is -- Bill, should we wait until we have worked out and see about this year before we pass this and not -- or will we -- if something changes, then, will we have to come back and -- because we can run this year's program without this, can't we? Nary: Madam Mayor, Members of the Council, Council Member Bird, this won't affect Bird: Okay. Nary: -- the current one either way. Bird: Okay. That's -- Nary: It just clarifies why those costs are being expended in this current year as well for the things other events have to pay for. Bird: But in the same token we want -- we might want to take a hard look and make sure that taxpayers aren't covering unnecessary expenses that the participants -- or the people that are putting it on are covering some expenses. Nary: And -- certainly. And all this says is what city services are and that the city is not charging for the city services that they are providing. It doesn't require they provide it. Bird: Okay. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With that I move we approve Ordinance No. 14-1611 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-E. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Ordinance No. 14-1612: An Ordinance (AZ 14-004 Amberwave Subdivision) For Annexation And Rezone Of A Parcel Of Land Meridian City Council May 21, 2014 Page 67 of 69 Located In The Northwest'/4 Of Of The Northeast'/4 Of Section 36, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-15 (Medium High Density Residential District); And Providing An Effective Date De Weerd: Item 10-F is Ordinance 14-1612. Madam Clerk. Jones: Thank you, Madam Mayor. An ordinance AZ 14-004, Amberwave Subdivision, for annexation and rezone of a parcel of land located in the northwest one quarter of the northeast one quarter of Section 36, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, R-15, Medium High Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this read by title only. Is there anyone who would like to hear more? Milam: Hearing none, Madam Mayor? De Weerd: Yes. Milam: I move that we approve Ordinance 14-1612 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-F. 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. De Weerd: Before I ask for a motion to adjourn into Executive Session; just to make note of the invitation in front of you for Public Works Week and I guess I'd ask Clint if you would have these available for our meeting tomorrow with Ada County Highway District to make a special invitation to them as well. Meridian City Council May 21, 2014 Page 68 of 69 Dolsby: Madam Mayor, Members of the Council, yes, I will make sure we make those available for the meeting tomorrow. Item 11: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Okay. Thank you so much. Council, 11-A is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Yes. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: 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; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:35 p.m. to 9:48 p.m.) De Weerd: Could I have a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics Meridian City Council May 21, 2014 Page 69 of 69 De Weerd: Item 12 is new topics. Any new topics? Bird: I have none. Milam: No. De Weerd: Okay. I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:48 P.M. (AUD�CORDING�,X THESE PROCEEDINGS) / 3 / lLi MAYO tAWY DE WEERD DATE APPROVED CITY CLERK �E ID N-iONNO m r SEE1I. f� f VP R °�Ide i0.E A`+�R