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2011-05-03E IDIAN~ 1©AHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 03, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance (Pg. 1) 3. Community Invocation by (Pg. 1) 4. Adoption of the Agenda (Pg. 1-2) Adopted 5. Proclamation A. Proclamation for Building Safety Month (Pg. 2-3) B. Proclamation for National Historic Preservation Month (Pg. 3) 6. Consent Agenda (Pg. 5-6) Approved A. Approve Minutes of April 12, 2011 City Council Meeting B. Approve Minutes of April 19, 2011 City Council Regular Meeting C. Approve Minutes of April 19, 2011 City Council Pre-Council Meeting D. Mutual Aid and Assistance Agreement Between the City of Meridian and the Idaho Intrastate Water/Wastewater Agency Response Network (IDWARN) E. Approval of Agreement with Ada County Highway District and Up-Front Appropriation of Funds for aNot-To-Exceed Amount of $144,875.76 for Construction of the Franklin Road - Touchmark to Five Mile Project (Pg. 8-10) Moved to Item 8 Meridian City Council Meeting Agenda -Tuesday, May 03, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Professional Services Agreement with Bethany Gadzinski for Evaluation Services of the Meridian's Anti-Drug Coalition (MADC) Recognize Program for aNot-to-Exceed Amount of $15,000.00 G. Pedestrian Pathway Easement with The Traditions by Amyx II, LLP for a Proposed Multi-Use Pedestrian Pathway Located in Zebulon Heights Subdivision No. 3 H. Development Agreement for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Business) Zoning District Approval of New Beer and Wine License Application from Joy Garden LLC dba Joy Garden; Located at 2951 E. Overland Rd. Suite # 125. J. Approval of 2011-2012 Beer and Wine License Renewals as follows: EI Tenampa Restaurant 906 N. Main St. Chronic Tacos 3240 E. Louise 7. Community Items/Presentations A. Recognition and Award Presentation to Walter Lindgren for Nine Years of Service as a Historic Preservation Commissioner (Pg. 3-5) B. Idaho Power Easy Upgrades Program (Pg. 6-7) C. Presentation of the 2010 American Council of Engineering Companies (ACEC) of Idaho Engineering Excellence Award to the City of Meridian for the Reclaimed Water Booster Station (Pg. 7-8) 8. Items Moved From Consent Agenda (Pg. 8-10) Approval of Agreement with Ada County Highway District and Up- Front Appropriation of Funds for a Not-To-Exceed Amount of $144,875.76 for Construction of the Franklin Road - Touchmark to Five Mile Project Meridian City Council Meeting Agenda -Tuesday, May 03, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Action Items A. Public Hearing: TEC 11-002 Pinebridge Subdivision by BW Meridian, Inc. Located South of E. Fairview Avenue, East of N. Locust Grove Road and West of N. Eagle Road and North of E. Commercial Street Request :Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on the Final Plat (Pg 10-12) Approved 10. Department Reports A. Legal Department: Memorandum of Understanding to Amend Current Collective Bargaining Agreement between the City of Meridian and I.A.F.F. Local 4627 to Allow Employees to Return to a Former Classification (Pg. 12-14) Approved B. Mayor's Office: Update on the Mayor's Task Force for Precious Metals Ordinance (Pg. 14-16) 11. Ordinances A. Ordinance No. 11-1483: An Ordinance RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C- C (Community Business) Zoning District (Pg. 16-17) Approved 12. Future Meeting Topics (Pg. 17) 13. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is not Owned by a Public Agency; and (f) To Consider and Advise Its Legal Representatives in Pending Litigation (Pg. 17-18) Into Executive Session at 7:45 p.m. Out of Executive Session at 8:51 p.m. Adjourned at 8:51 p.m. Meridian City Council Meeting Agenda -Tuesday, May 03, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting Mav 3.2011 A meeting of the Meridian City Council was called to order at 1:04 p.m., Tuesda , Ma Y Y 3, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Tom Bar , . rY Jamie Leslie, Bill Johnson, Kenny Bowers, Bruce Freckleton, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba __ X _Brad Hoaglun X Charlie Rountree X Keith Bird _X__ Mayor Tammy de Weerd De Weerd: I will go ahead and start tonight's meeting. First I'd like to welcome those in attendance for joining us here this evening. Thank you for being here. For the public record it is Tuesday, May 3rd. It's two minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: I do want you to know that I do have a gavel now and I was goin to start . g tonights meeting with that and I forgot. It took me eight years to get this, so I'll wait until the very end. Okay. If you will all rise and join us in the led e. p g (Pledge of Allegiance recited.} Item 3: Community Invocation De Weerd: Item No. 3 we -- is there anyone who has joined us to do the communit Y invocation? Okay. We didn t get a name, so I didn t think so. Okay. We will skip that. Item 4: Adoption of the Agenda De Weerd: And move to Item 5 and so I will move down to the podium. Hoaglun: Do you want to do No. 4? Adopt the agenda? De Weerd: Oh, yes. Adoption of the agenda. Hoaglun: Madam Mayor? Meridian City Council May 3, 2011 Page 2 of 18 De Weerd: Mr. Hoaglun. Hoaglun: Just a couple items to note on tonight's agenda. Under Item 6, Consent Agenda, there is a request to move 6-E to Item 8 and I will do that when we get to the Consent Agenda. And also under Item 11, Ordinances,11-A is Ordinance No. 11-1483. So, Madam Mayor, I move the adoption of the agenda as presented. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as presented. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for Building Safety Month De Weerd: I was so excited about my gavel I forgot myself. Okay. Item 5-A is a proclamation on Building Safety Month. I will ask Bruce Freckleton to, please, come forward and after I read this I will present it to you. Probably should just ask you to read it. You're going to get sick of hearing me talk tonight. Okay. Whereas our city's continuing efforts to address the use of safety, energy efficiency and sustainability in the built environment that affects our citizens, provide confidence that our structures are safe and sound; whereas confidence is achieved through the devotion of our building safety, fire prevention officials, architects, engineers, builders and others in the construction industry who work year around to insure the safe construction of buildings and whereas the City of Meridian uses the international codes, the most widely adopted building safety, energy, and fire prevention codes in the nation and whereas dedicated members of the International Code Council develop and implement the highest quality codes to protect our community in the buildings where we live, work, and raise our families, and whereas the Building Safety Month is sponsored by the International Code Council and International Code Council Foundation to remind our community on the importance of building safety, green and sustainable building, pools, spa, hot tub safety and new technologies to the construction industry, therefore, I, Mayor Tammy de Weerd, do hereby proclaim May 2011 as Building Safety Month and call upon the people of the City of Meridian to join their follow citizens across the United States and recognizing and participating in this special observance. So, I will present this to you, Bruce, and we appreciate what you and your staff do on behalf of assuring that our buildings are safe and, please, extend our appreciation to them. Freckleton: Just want to thank you, Mayor and Council, for helping us to recognize Building Safety Month and raise awareness to the efforts of my division and, you know, all the efforts that they go through to insure that we have safe and sustainable buildings in Meridian. So, thank you. Meridian City Council May 3, 2011 Page 3 of 18 De Weerd: Thank you. And we do appreciate that. You know, when we have our built community we want to make sure that what we are passing on to future generations don't come back and they call me some day, my kids saying what were you thinking. And I will give them your phone number. B. Proclamation for National Historic Preservation Month De Weerd: Okay. Our next item under 5-B, our proclamation for National Historical Preservation Month and I will ask our HPC members to come forward and, Council, if you don't mind, I will also do the presentation under 7-A after I read this proclamation, since I will have all of them up front with me. So, Walt and Steve and Frank and Lila and Earl, if you would like to join us, you certainly represent many of our efforts in the history of this city. For those of you in attendance, our Historical Preservation Commission has a couple of -- three of our members and our local historian -- we say Lila Hill is certainly our local historian, but so is Frank Thomason. So, Steve Turney, Walt Lindgren and Lila and Frank, thank you for being here. So, I will read our proclamation. Whereas historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability and whereas historic preservation is relevant for communities across the nation, both urban and rural, and Americans of all ages, all walks of life, and all ethnic backgrounds and whereas it is important to celebrate the roll of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible assets of heritage that has shaped us as people .and whereas celebrating America's treasures is the theme for National Preservation Month 2010 -- and is that really 2010 or 2011 ? Got it. Yes. Okay. We have to make a change to this. Co-sponsored by the City of Meridian and the National Trust For Historic Preservation, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim May 2011 as National Preservation Month and call upon the people of the City of Meridian to join as fellow citizens across the United States in recognizing and participating in this special observance. And this is signed today, the 3rd day of May. I would like to present it to our outgoing member as just a token of our appreciation for many of the things that you have done for the national preservation -- or our national preservation and our city's preservation of our -- the important history of our city. Item 7: Community ItemslPresentations A. Recognition and Award Presentation to Walter Lindgren for Nine Years of Service as a Historic Preservation Commissioner De Weerd: And, Walt, while I have you up here -- and I would like to present several things on behalf of the city and your fellow commission members. Walt has been a member of the Meridian Historic Preservation Commission since being appointed by Mayor Bob Corrie on April 23rd, 2002. Walt served as chair of the HPC for many years. Meridian City Council May 3, 2011 Page 4 of 18 Walt has chosen to step down and we wanted to take a moment to note some of the accomplishments that has happened during his tenure on this commission. Walt has been involved in a numberof our projects and here is an example of some of those. He has been actively engaged in the Meridian Development Corporation to work on our gateway signage. He helped to design the signage for the new City Hall. All those panels that are in the plaza that depict a lot of the design elements of our City Hall and the plaza, Walt and Lila and Frank and -- yes. And Marge -- we spent time trying to -- to portray the significance of a lot of those design elements and I will tell you what, Walt spent a lot of time and his great talent in putting those together for the city. The HPC added four properties to the national registry while he was serving. He was instrumental in designing the historic markers around our downtown for those sites that are on the register. While as chairman he assisted the commission in obtaining a national presence by involving the commission with the national trust for historic preservation and the National Alliance .For Historic Preservation Commissions. He worked with the state historic preservation office to gain additional monies to provide some of the necessary funding for nominations to our national registry. He prepared and designed the current walking tour brochures and he worked very closely with the commission to film and produce a DVD video of the walking tour of our downtown. So, we did want to take a moment to really recognize Walt and the years that he put, but more so it wasn't the years, it was -- if you weren't impressed with that list of accomplishments that HPC has been able to achieve during his tenure -- we are extremely proud of where our HPC has come over the last numberof years and I know a lot of that was driven by your passion for preserving our history here in our city. So, in recognition of your many years as dedicated service to the Meridian HPC, your reliability, diligence, and commitment to preserving the character and fabric or our historically. significant areas and structures within the City of Meridian in order to honor and preserve its rich heritage for future generations have been greatly appreciated. Thank you so much for your service. Frank or Steve, would you like to present this to Walt. Okay. Turney: Thank you, Madam Mayor. It is my great privilege to present this on behalf of the Meridian Historic Preservation Commission for Walt's great service to the City of Meridian. It says that Meridian, Idaho, presented to Walt -- Walter Lindgren in recognition of services on the Meridian Historic Preservation Commission, April 23rd, 2002, May 10th, 2011. That's how long he's been -- Lindgren: Thank you, Mayor. I just want to say thank you all for attending and thank you especially to the Mayor and the Council for -- for, one, affording the commission to do what we needed to do. You have always been generous about the funding that we have had. I hope we have been good caretakers and stewards of that money. Also to the commission that is here and those that aren't here, Steve Turney, Dr. Frank Thomason, and Dr. Tom, who is now the current chair, Carol Harms, all the work that -- and also Jacy Jones and Bill Nary has done for our commission has been wonderful and I just know the commission is in really capable hands and, hopefully, there is new blood that could help relive and generate new passion for the city. I trust that that's going to happen. So, thank you again, Mayor. Appreciate it. Thank you very much. Meridian City Council May 3, 2011 Page 5 of 18 Rountree: Thank you, Walt. De Weerd: And we have been very impressed -- we have three letters of interest that we will be meeting with to designate your replacement and certainly new blood is good, but we really appreciate the time and the talent that you have given to that commission. So, thank you. Item 6: Consent Agenda A. Approve Minutes of April 12, 2011 City Council Meeting B. Approve Minutes of April 19, 2011 City Council Regular Meeting C. Approve Minutes of April 19, 2011 City Council Pre-Council Meeting D. Mutual Aid and Assistance Agreement Between the City of Meridian and the Idaho Intrastate WaterlWastewaterRgency Response Network (IDWARN) F. Professional Services Agreement with Bethany Gadzinski for Evaluation Services of the Meridian's Anti-Drug Coalition (MADC) Recognize Program for aNot-to-Exceed Amount of $15,000.00 G. Pedestrian Pathway Easement with The Traditions by Amyx II, LLP for a Proposed Multi-Use Pedestrian Pathway Located in Zebulon Heights Subdivision No. 3 H. Development Agreement for Approval: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from. the C-N (Neighborhood Business) to the C-C Community Business) Zoning District I. Approval of New Beer and Wine License Application from Joy Garden LLC dba Joy Garden; Located at 2951 E. Overland Rd. Suite # 125. J. Approval of 2011-2012 Beer and Wine License Renewals as follows: EI Tenampa Restaurant 906 N. Main St. Meridian City Council May 3, 2011 Page 6 of 18 Chronic Tacos 3240 E. Louise De Weerd: Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As I mentioned earlier when we were doing adoption of the agenda, we do have one item on the Consent Agenda that needs to be -- has been requested to remove it and we will move it to Item 8, appropriately named Items Moved From Consent Agenda. So, by removing 6-E, everything else remains the same, I move the approval of the Consent Agenda with the change. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. If there is no discussion, Madam Clerk, will you, please, call roll. Zaremba: Madam Mayor? De Weerd: Oh, Mr. Zaremba. Zaremba: Would the maker of the motion like to authorize the Mayor to sign and the Clerk to attest? Hoaglun: I would. Thank you. And the Mayor to sign and the Clerk to attest. Rountree: Second concurs. De Weerd: That's always important. Thank you, Mr. Zaremba. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community ItemslPresentations B. Idaho Power Easy Upgrades Program De Weerd: Okay. We will move to -- we did l-A. We will move to 7-B, which is the Idaho Power Easy Upgrades program. The city is the recipient of the Idaho Power's Easy Upgrades program award for energy efficiency improvements which came with a 1,500 dollar check and I guess I would like Eric Jensen to come up front, as I tell you Meridian City Council May 3, 2011 Page7of18 about this. I will present this to him. I know that they have seen this. John, do you want to come up as well. This award acknowledges the city's commitment to energy efficiency, as well as its partnership with Idaho Power in achieving our energy goals. We are especially proud of our inaugural Energy Star compliance and that was where we achieved free cooling by using a website economizer to cool IT's server room. As you know, those are not my words; I'm just telling you what it says in front of me. But that was a really big deal and I appreciate Eric's efforts in really finding better efficiencies and working with some of our consultants and John's leadership as well in making sure that this -- this LEAD certified building is actually achieving the energy efficiency that we have really desired as we designed and built this beautiful building. The cooling is achieved by using outside air in the late fall and winter months where temperatures are below 50 degrees. Mechanical cooling is done during the remainder of the year resulting in a significant reduction of energy required to maintain temperature for the server room at a control point. This effort was lead by Eric and in collaboration with one of our key vendors Climatech and so I would like to present this to you, Eric, for all of your -- your efforts and your diligence in making sure that this was achieved. Jensen: I'd just like to say that I have had a lot of great support from my manager John and from my Public Works director-- been very supportive in -- in anything that we have been able to find to increase the efficiency of our building. This was something that was available to us that we were able to do relatively inexpensively with Idaho Power's help and to really help lower our power bills and to extend the life of the equipment and I appreciate the support that they have given me on -- on doing this upgrade and some of the other projects which we have ongoing. Thank you. De Weerd: Thank you. Thank you, John. C. Presentation of the 2010 American Council of Engineering Companies (ACEC) of Idaho Engineering Excellence Award to the City of Meridian for the Reclaimed Water Booster Station De Weerd: Okay. Under l-C is a presentation of the 2010 American Council of Engineering Companies for the Idaho Engineering Excellence Award to the City of Meridian for our reclaimed water booster station. And so I will ask that Tracy Crane and Clint -- if you both will come forward. I would also like Carl Hipwell to join us as well, as he submitted this project, and also -- well, you already knew I was going to call you forward. As part of the City of Meridian's reclaimed water program, Public Works initiated this project in -- in 2009 to design and construct the reclaimed water booster station and water storage tanks. The city hired the design .build team of Farmer Engineering and, Carl, we appreciate you being here with us tonight and J.C. Constructors for this project. The project represents a significant step towards effectively distributing pressurized Class A reclaimed water from our wastewater treatment to end users, such as subdivisions, golf courses, city parks and car washes, soon to be. The reclaimed water booster station and reservoir project provides a substantial part of the backbone necessary to expand our reclaimed water program in Meridian City Council May 3, 2011 Page 8 of 18 the City of Meridian for decades to come. The core Public Works team of Clint, Tracy, and Roxanne, worked collaboratively with the design build team to construct the facilities that received the first place award of the American Council of Engineering Companies of Idaho as part of their 2011 Engineering Excellence awards. You heard a lot about our reclaimed water project in my State of the City. We have received a lot of recognition for the ingenuity and the -- the uniqueness and the stewardship that the city is showing through this program. So, I am very honored to represent this to you and your leadership in achieving this wonderful program that I know our community will benefit from for decades. So, thank you all for being here. So, comment? Dolsby: Thank you. This project was a really important project for the Public Works Department to expand our reclaimed water program and to move towards a pressurized system for our reclaimed water and not only that, but this project kind of lays the cornerstone for the future expansion of our reclaimed water system, so that we can reach out to more users. You know, we have been looking at several different opportunities. As the Mayor mentioned, we have got a car wash coming online in the spring. Love to reach out to a golf course in the near future, looking at other opportunities for expansion of the program and this project really lays the framework for that expansion. So, thank you. De Weerd: Thank you. Well, we look forward to the Ten Mile interchange opening up, so you can really use that water. So, thank you all for being here. And thank you, Tom. Hoaglun: Madam Mayor, as you're repositioning everything, since you're handing out so many awards, I just want to make mention of today you received a special award from the Meridian Chamber of Commerce and it was a Friend of Meridian Business and so congratulations to you for that. I know you have -- you have a heart for small business and big business and getting jobs to Meridian and growing jobs in Meridian, so I thought that was a great honor you received from Meridian chamber today. So, congratulations on that. De Weerd: Thank you. Yeah. I was very honored to be there and receive that recognition, but certainly as anything I do it is the people that make things happen and my office, our directors, our City Council, that create an environment in our community that our small businesses are finding they can thrive in and that's important. Hoaglun: Thank you. Item 8: Items Moved From Consent Agenda E. Approval of Agreement with Ada County Highway District and Up-Front Appropriation of Funds for aNot-To-Exceed Amount of $144,815.76 for Construction of the Franklin Road - Touchmark to Five Mile Project Meridian City Council May 3, 2011 Page 9 of 18 De Weerd: Okay. Item 6-E was pulled from our Consent Agenda, so we will hear the item at this time. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, we had asked to move that item for a separate discussion, just to make it clear in the report there was two actions really needed by the Council and really for the purpose of transparency wanted to make sure it was clear that what we are asking the Council to do is approve the agreement with the Ada County Highway District for construction of the Franklin Road, Touchmark to Five Mile project, which is a Public Works project. And, then, in addition to that, authorize the purchasing department to disperse construction funds to ACRD in an amount not to exceed $144,875.76. It's a little unusual on this type of project, only because ACRD I believe --and Mr. Stewart can correct me if I have stated it wrong --ACHD is managing the project, but ITD is bidding the project. The money is already funded and it's already in their budget, so it really is just they are required to post the money upfront as part of the project or part of the ITD requirement. So, it's a little unusual, but --and if I have got that wrong, Mr. Stewart can fix that, but, anyway, we wanted to make sure both actions were covered by the Council's action and it was clear there was two things being asked and we weren't certain in the way it was presented on the agenda, but clear enough, so we wanted to make sure itwas clear. De Weerd: Thank you for that clarity. Anything that you want to add, Warren? Stewart: No. I think he pretty much covered it. Basically because federal funding is being distributed through ITD to help fund the project we have to have sort of our matching funds or our contribution paid up front before they will go ahead and bid the project. So, typically on a regular ACHD project we wouldn't have to do that, but in this case we do. De Weerd: Okay. Thank you. Council, any questions? Rountree: I have none. De Weerd: If none, I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agreement with ACHD forthe Touchmark to Five Mile project on Franklin Road and authorize the disbursement of $144,875.76 through Public Works to ACRD. Meridian City Council May 3, 2011 Page 10 of 18 Zaremba: Second. De Weerd: I have a motion and a second. I appreciate your down-to-the-cent motion. Any discussion from Council? Okay. Zaremba: The second repeats, because I didn't have my microphone on. De Weerd: Oh. Thank you. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Action Items A. Public Hearing: TEC 11-002 Pinebridge Subdivision by BW Meridian, Inc. Located South of E. Fairview Avenue, East of N. Locust Grove Road and West of N. Eagle Road and North of E. Commercial Street Request :Two (2) Year Time Extension on the Preliminary Platto Obtain the City Engineer's Signature on the Final Plat De Weerd: Under 9-A we have a public hearing on TEC 11-002. I will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a request for a time extension on the preliminary plat of Pinebridge. The request has been put forward in order to obtain the city engineer's signature on the final plat. The final plat has not been approved as yet and we had granted the. first administrative extension back in 2009. The applicant is in the process of getting a final plat -- first phrase final plat approved, however, there wasn't enough time to get that approved to keep the project alive, so they submitted the request for this second time extension. The requested time extension is for two years to obtain the city engineer's signature. We have reviewed it, we have no additional conditions that we would add at this time and recommend approval. De Weerd: Thank you. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Would the applicant like to make comment? Good evening. Meridian City Council May 3, 2011 Page 11 of 18 Torfin: Good evening -- De Weerd: If you will, please, state your name and address for the record. Torfin: -- Madam Mayor, Members of the Council -- yes. Dan Torfin and I am representing -- it says BW, Inc., Dennis Baker, DMB Investments and sometimes myself. This is -- maybe it's a formality. We have made progress out in our project and we do have a final plat that is going through the process right now to support one of the. campuses that's under construction and so I don't have a lot to add. I agree with staffs recommendation and so really I'm here to stand for any questions and that's it. De Weerd: Okay. Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Torfin: Thank you. De Weerd: Thank you, Dan. It's been awhile. We are glad to see you. And glad to see all the activity that's going on out there. Mike, would you like to provide comment? It's nice to see you as well. Ford: Michael Ford. 1098 North Hickory, Suite 140, in Meridian. I am the real estate manager for the Yonke family. We own the property in the Gem Tone Subdivision adjacent to Pinebridge and we would just stand in favor of Dennis' request. De Weerd: Thank you. Appreciate you being here. See, now, Dan, I was going to give you a hard time. I'd love to see something in that roundabout. I was going to give you a hard time about it, so I missed my opportunity. Just please note for the public record I did mention the roundabout. Any further comment from staff? Friedman: Madam Mayor, no comments related to this, but we did have the conversation with Mr. Torfin today and that was the subject of the conversation also. I think in the future you might be seeing something out there. De Weerd: Okay. Any additional questions? Any further testimony? I don't assume so, but never assume. Okay. If there is nothing further, Council, I would entertain a motion to close. Bird: So moved. Hoaglun: Second. Meridian City Council May 3, 2011 Page 12 of 18 De Weerd: I have a motion and a second to close the ublic hearin on ' p g this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion on Item 9-A? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 11-002 with applicant and staff comment. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you for joining us. Zaremba: Madam Mayor? There are some meetings at which the chairman of the meeting would pound the gavel after a measure has been passed. De Weerd: Thank you. Okay. That was enough. Bird: I was going to say -- David. Zaremba: Just thought I would .point that out. Item 10: Department Reports A. Legal Department: Memorandum of Understanding to Amend Current Collective Bargaining Agreement between the City of Meridian and I.A.F.F. Local 4627 to Allow Employees to Return to a Former Classification De Weerd: Item 10-A is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is a memorandum of understanding with the collective bargaining agreement that we have with the Local Meridian City Council May 3, 2011 Page 13 of 18 4627 of our fire department. This is an agreement that has been worked out by the fire administration and our office, along with the leadership of the union. Tonight Deputy Chief Johnson is here, as well as president of the union Grant Hamilton. We think this is a very positive step forward for both the city and the union. This agreement will allow employees who do receive promotions to have the ability to return to their former positions, if the position is available. It's a very common practice in a lot of departments. Our current collective bargaining agreement didn't have any language like this. We think it's -- again, it's a very positive step forward. If you have specific questions or concerns Chief Johnson or Grant Hamilton could probably answer those for you. De Weerd: Okay. Council, any questions on this item? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question for Bill. Under paragraph two of process, Item B, there is clear direction in this piece about how to do things and who can do what, but this specifically says that the chief, after consultation with the president, shall approve or deny and there is steps laid out of the things you have to do to meet in order to be accepted for this reclassification, but there is nothing that gives any direction to anybody for what would constitute a denial. Is that going to be up to the chief and created at that point in time, if, in fact, that would be the case? Nary: Madam Mayor, Members of the Council, the language -- Council Member Rountree, the language consultation was specifically discussed between the city and the union -- first, the idea was to make sure that the union had some opportunity to voice their opinion. The underlying agreement gives the chief always the --the ultimate authority on transfers, changes, promotions, demotions. So, this really is -- I guess I believe dovetails the same language that already exists -- Rountree: Okay. Nary: -- in the current agreement. Rountree: Okay. Thank you. De Weerd: Okay. Any further questions? Any comments, Bill or Grant? Johnson: On behalf of the fire department administration I want to thank the union for their willingness to work on this. It actually does provide a great tool for us. One of the things that's been missing in the department is the ability to mentor firefighters to bring them up into administration, because there was no place for them to go and we have Meridian City Council May 3, 2011 Page 14 of 18 got a lot of great captains in the department, if one of them moves up into a division chief position, all of a sudden he finds out that that's not for him, there is no place for him to go, other than, you know, leave the department or something. With this we have the ability to put them back into a position where they are a great service to the city. So, with that -- De Weerd: Well, we appreciate the -- working together to find what's best for the citizens of Meridian and the service and certainly if it doesn't work at that new level we don't want to lose talent. Johnson: Thank you, Madam Mayor. De Weerd: Thank you. Any additional comments from our City Council Members? Bird: I have none. De Weerd: Okay. Bird: Madam Mayor? Bird: I would move that we approve the MOU with the Local 4627 to allow employees to return to their former classification and forthe Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve this item under 10-A. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Mayor's Office: Update on the Mayor's Task Force for Precious Metals Ordinance De Weerd: Council, this next item under 10-B, I left your handouts upstairs, so I apologize. So, I will just give you a verbal update and apologize to Robert, who got them all done and they are .still sitting on my desk. We had several people who expressed an interest in serving on our precious metals task force and I have spoken to most of them this evening to kind of narrow that list. Several of them were not Meridian residents and I felt that if we were crafting an ordinance that applied to our community they should be community centered. So, they should be citizens or businesses within our city limits. So, Council, I do have a list that for the most part I have talked to either just tonight or recently. Mike Williams, he is with Old Money Company, he is the coin Meridian City Council May 3, 2011 Page 15 of 18 shop who was here during our public hearing. He has agreed to serve. Mary Ann Watson with Meridian Coin and Pawn. Again, she was here that evening and expressed her interest and I have not been able to talk verbally with her, but I will confirm that tomorrow. Todd Thompson with Diamond Fine Jewelry, he brought a unique concern that we felt was important to have represented on this committee as well. As citizen representative Judith Cahill is a Meridian citizen. Doug Mason also a citizen. And Valerie James. They all -- I have talked with each of them and they are anxious and interested to serve. I have also asked Wayne Hoffman with the Idaho Freedom Foundation if we could utilize his attorney that help the City of Meridian with their verbiage. Nary: Nampa. De Weerd: I'm sorry. With the City of Nampa. To help the City of Meridian with our verbiage as well. And I did get an a-mail from him yesterday that said that he would get back with me on the availability of his attorney and I haven't heard back. Mr. Nary, have you? Nary: I have not. De Weerd: Okay. So, that is the only outstanding -- we have Emily Kane from our city attorney's office and Chief Lavey from the police department. I do have an alternate in case any of these -- the citizen positions with Rick Nefhammer, that I will call him if we need an alternate. So, I would ask if you have questions. Rountree: Madam Mayor, just -- are all of these people going to serve on or is this the pool of people you will be selecting from? De Weerd: That is the people that will serve on, yes. Rountree: Okay. De Weerd: Like I said, there were a number of other people who. expressed an interest. I was concerned that it would get too big and, as I mentioned, there were several that weren't citizens of our community. Rountree: I agree with that criterion. De Weerd: Okay. Very good. Well -- Zaremba: Madam Mayor? De Weerd: I will -- my office will be calling them and setting up the first meeting. We hope to have that within a couple of weeks. Mr. Zaremba. Meridian City Council May 3, 2011 Page 16 of 18 Zaremba: I was just going to just add that it sounds like a well rounded list and I agree with having them be either a Meridian resident or a Meridian business. I think that was a good choice and the list sounds good to me. De Weerd: Thank you.. Many of them were in attendance, so I do believe we have many opinions. Item 11: Ordinances A. Ordinance No. 11-1483: An Ordinance RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the CC (Community Business) Zoning District De Weerd: Okay. The next item, Item 11-A, is ordinance 11-1483. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 11-1483, an ordinance RZ 10-006, Somerton Subdivision for the rezone of a parcel of land located in the northwest one quarter of Section 20, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory 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 16.12 acres of land from the C-N, Neighborhood Business Zoning District, to the C-C, Community Business Zoning .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: Thank you. You have heard this item read by title only. Is there anyone who would like to hear it read in its entirety? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance 11-1483 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11-A. I need to go to bed. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council May 3, 2011 Page 17 of 18 De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Under Item 12, future meeting topics, any topics to be brought u from p Councilor staff? Thank you. Item 13: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is not Owned by a Public Agency; and (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Under Item 13 we have an Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). 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; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION. (7:45 p.m. to 8:51 p.m.) Rountree: Madam Mayor, I move that we come out of Executive Session. Hoaglun: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. Meridian City Council May 3, 2011 Page 18 of 18 MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor 1 say aye. Rountree: Gavel. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) a, ~` MAYO R T Y~,~e ~W~ D ~° ~~ ~'~ a ~~ `" 4 TT~ST' r (~E ~' ,~~, ~,~ ~~ ~~> ~'~ ~~~ ~, ~" ~ ~r~ ~ a ~ ,,~~ ~ ~~~ ~ ~~~ ~~. ~~ ,l I~ ~'~$~~ y~~ ~5, /c~ i Z~~/ DATE APPROVED OLMAN, CITY CLERK