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2011-09-06E IDIAl`~T~-- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 06, 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 Pastor Burton Roberts with Meridian Gospel Tabernacle (Pg. 1) 4. Adoption of the Agenda Adopted (Pg. 1-2) 5. Consent Agenda Approved (Pg. 2-4) A. Approve Minutes of August 9, 2011 City Council PreCouncil Meeting B. Approve Minutes of August 9, 2011 City Council Workshop Meeting C. Approve Minutes of August 16, 2011 City Council Regular Meeting D. Approve Minutes of August 23, 2011 City Council Regular Meeting E. Approval of Award of Contract Amendment No. 2 for Liquid Emulsion Polymer for the Not-To-Exceed Amount of $121,600.00 F. Water and Sewer Easement for Les Schwab Located at 3550 E. Tecate Lane Meridian City Council Meeting Agenda -Tuesday, September 06, 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. G. Pathway Easement to the City of Meridian Near Ustick/Linder Roads from Ada County Highway District (ACRD) H. License Agreement Between the City of Meridian and Ada County Highway District (ACRD) for Pathway Easement Connecting Zebulon Heights and Settlement Bridge Subdivisions I. Approval of Award of Contract Amendment No. 2 for Ferric Chloride Solution for the Not-To-Exceed Amount of $100,000.00 J. Meridian Potable Water Discharge Agreement with Boise Project Board of Control K. Resolution No. 11-801: A Resolution Adopting the Fund Balance Policy for the City of Meridian L. Final Order for Approval: TEC 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat M. Findings of Fact, Conclusions of Law for Approval: VAR 11- 002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 11-3H-4B to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road N. Ratification of Professional Services Agreement with RIA Fox, Inc. for Internet and Mobile Device Enabled Application Design and Code Drafting for an Amount Not-to-Exceed $5,000.00 O. Professional Services Agreement between the City of Meridian and TAG Historical Research & Consulting (a/b/n The Arrowrock Group, Inc.) in Conjunction with the Historical Preservation Commission P. Amended onto the Agenda: Approval of New Beer/Wine License Application for Red Star Hospitality dba Muse located at 1435 N. Eagle Rd. Meridian City Council Meeting Agenda -Tuesday, September 06, 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. 6. Community Items/Presentations A. Presentation by Representatives of Tuscany Subdivision Regarding Water Reservoir Site (Pg.4-5) 7. Items Moved From Consent Agenda 8. Action Items A. Public Hearing: AP 11-003 Joint School District No. 2 Central Drive Access by Joint School District No. 2 Located at 1303 E. Central Drive: Request for City Council Review of the Director's Decision to Deny the Certificate of Zoning Compliance to Construct a Third Access Point to E. Central Drive, a Designated Collector Street, in Accord with UDC 11- 3A-3 Approved (Pg. 5-7) 9. Department Reports A. Legal Department: Sanitary Services Corporation: Annual Rate Adjustment for Solid Waste Collection Services (Pg. 7-9) B. Legal Department: Senior Center Transportation Agreement Approved (Pg. 10-15) C. Legal Department: Senior Center Equipment Request (Pg. 10-15) D. Planning/Legal Department: Discussion of Termination of Development Agreements (Pg. 15-24) E. Planning Department: Discussion on Possible Ada County Highway District Joint Meeting Topics (Pg. 24-26) 10. Ordinances A. Second Reading of Ordinance No. 11-1488: Precious Metal Dealers (Pg. 27) B. Ordinance No. 11-1492: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Meridian City Council Meeting Agenda -Tuesday, September 06, 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. Such for Purchase by the Bottle or by the Glass Approved (Pg. 27-28) C. Ordinance No. 11-1493: An Ordinance Amending the Text of Certain Sections of the Uniged Development Code (UDC) to Encourage the Use of Water-Conserving Landscape Designs Approved (Pg. 28-29) D. Ordinance No. 11-1494: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow Dispatch Centers for Mobile Services Approved (Pg. 29) 11. Future Meeting Topics (Pg. 29) 12. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a) To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Wherein the Respective Qualities of Individuals are to be Evaluated in Order to Fill a Particular Vacancy or Need (Pg. 30) Into Executive Session at 8:18 p.m. Out of Executive Session at 8:47 p.m. Adjourned at 8:47 p.m. Meridian City Council Meeting Agenda -Tuesday, September 06, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 6 2011 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, September 6, 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, Caleb Hood, Bill Parsons, Tom Barry, Warren Stewart, Tracy Basterrechea, Perry Palmer, 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: Thank you for waiting for us. We appreciate you being here. I will go ahead and open our Tuesday, September 6, meeting first by welcoming you and next by roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: 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 2: Pledge of Allegiance by Tim Brackus; Scout Troop 62 with the United Methodist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Burton Roberts. He is retired, but he was with Meridian Gospel Tabernacle. It's always a pleasure to see you. Roberts: Thank you. It's always good to be here. Let us pray. Most gracious and kind Heavenly Father, it's our privilege to come to you and invoke your presence in these proceedings. We are so thankful, God, to have the privilege of living in Meridian and we thank you that we can count on your many blessings to our lives and to our community. So, Father, we come to you tonight to continue to bless, guide, lead and direct us each one. We ask all these things in Jesus' wonderful and mighty name, amen. God bless you. Item 4: Adoption of the Agenda Meridian City Council September 6, 2011 Page 2 of 30 De Weerd: Thank you. Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under the Consent Agenda, Item 5, 5-K is resolution number 11-801. We are adding on 5-P, which is approval of new beer and wine license application of Red Star Hospitality dba Muse, located at 1435 North Eagle Road. So, that is added. Under Item 10, Ordinances, 10-B is Ordinance No. 11-1492. 10-C is Ordinance No. 11-1493. And 10-D is Ordiriance No. 11-1494. We will also add an Item 12 and that is an Executive Session under Idaho Code 67- 2345(1)(a). So, with those, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of August 9, 2011 City Council PreCouncil Meeting B. Approve Minutes of August 9, 2011 City Council Workshop Meeting C. Approve Minutes of August 16, 2011 City Council Regular Meeting D. Approve Minutes of August 23, 2011 City Council Regular Meeting E. Approval of Award of Contract Amendment No. 2 for Liquid Emulsion Polymer for the Not-To-Exceed Amount of $121,600.00 F. Water and Sewer Easement for Les Schwab Located at 3550 E. Tecate Lane G. Pathway Easement to the City of Meridian Near Ustick/Linder Roads from Ada County Highway District (ACRD) Meridian City Council September 6, 2011 Page 3 of 30 H. License Agreement Between the City of Meridian and Ada County Highway District (ACRD) for Pathway Easement Connecting Zebulon Heights and Settlement Bridge Subdivisions Approval of Award of Contract Amendment No. 2 for Ferric Chloride Solution for the Not-To-Exceed Amount of $100,000.00 J. Meridian Potable Water Discharge Agreement with Boise Project Board of Control K. Resolution No. 11-801: A Resolution Adopting the Fund Balance Policy for the City of Meridian L. Final Order for Approval: TEC 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat M. Findings of Fact, Conclusions of Law for Approval: VAR 11- 002 Regency at River Valley by The Regency at River Valley, LLC Located at 2500 N. Eagle Road Request: Variance to Unified Development Code (UDC) 11-3H-4B to Allow a Temporary Right-in/Right-out Access for the Site via N. Eagle Road N. Ratification of Professional Services Agreement with RIA Fox, Inc. for Internet and Mobile Device Enabled Application Design a'nd Code Drafting for an Amount Not-to-Exceed $5,000.00 O. Professional Services Agreement between the City of Meridian and TAG Historical Research & Consulting (a/b/n The Arrowrock Group, Inc.) in Conjunction with the Historical Preservation Commission P. Amended onto the Agenda: Approval of New Beer/Vlline License Application for Red Star Hospitality dba Muse located at 1435 N. Eagle Rd. De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council September 6, 2011 Page 4 of 30 Hoaglun: As noted on our Consent Agenda, Item 5-K is resolution number 11-801 and we are adding in 5-P, approval of the new beer and wine license application for Red Star Hospitality, dba Muse, located at 1435 North Eagle Road. So, with those additions, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. 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. Item 6: Community Items/Presentations A. Presentation by Representatives of Tuscany Subdivision Regarding Water Reservoir Site De Weerd: Item No. 6 under Community Presentations, tonight we have Mr. Tomzak here with us and I would invite him forward at this time. Thank you for joining us. Tomzak: Hi. Thank you for having me. De Weerd: If you will, please, state your name for the record. Tomzak: Sure. My name is Dick Tomzak, I'm a resident here of Meridian and I'm here on behalf of a group of citizens that are opposed to the location of the water tower at the intersection of Locust Grove and Victory. The Council has been kind enough to hear what our group had to say for the last nine months and at our last meeting with your Public Works group we were informed that they are now taking the criteria -- objections that we had under study and looking at some of the alternative sites. So, we were, pleased to hear that and as a culmination of our effort in the last nine months, we would like to present the City Council with 336 neighborhood -- neighbors' petitions that are opposed to this existing site -- or that site that was originally proposed. De Weerd: Thank you, Mr. Tomzak. If you can present that to our city clerk, she will stamp it into the record and it will be part of our public documents. Tomzak: Okay. Thank you very much. Appreciate it De Weerd: Thank you. Meridian City Council September 6, 2011 Page 5 of 30 Tomzak: Thank you. De Weerd: Thank you again forjoining us. Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: AP 11-003 Joint School District No. 2 Central Drive Access by Joint School District No. 2 Located at 1303 E. Central Drive: Request for City Council Review of the Director's Decision to Deny the Certificate of Zoning Compliance to Construct a Third Access Point to E. Central Drive, a Designated Collector Street, in Accord with UDC 11- 3A-3 De Weerd: So, I will move to Item No. 8 under Action Items. We have a public hearing on AP 11-003. I will open the public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Good evening. The application before you tonight is a request of a denial that the planning director had issued for this site and I use the term denial loosely. Basically, what we have here is a property that was developed back in 2000 as the Jabil Circuit building. With the development of that site there were two access points approved with that. That's when the annexation also came and when the property was also annexed into the city I might add and so now over the years -- last several years the intensity of uses on the property has definitely increased with the addition of Idaho State University and, of course, Renaissance High School and so the school district is before you this evening basically requesting to propose a third curb cut. On the exhibit before you this evening you can see I have highlighted the two existing curb cuts and, then, along the western boundary that's where they are proposing a third curb cut. Typically, this is a staff level approval, but because the ordinance requires us to restrict access to either a collector or an arterial street, the director had no other option but to not approve that curb cut and they chose to appeal to you this evening. I would point out to Council that ACHD has looked at this application and this new -- the proposed curb cut will meet their separation requirements for accesses or curb cuts to collector streets, so if it's your desire to approve it this evening, then, certainly all the applicant would have to do is move forward with a permit from ACHD and they could go ahead and construct that. Staff has not received any additional written testimony on this application and to stafFs knowledge there aren't any other outstanding issues before you this evening and with that I would be happy to answer to any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Meridian Cily Council September 6, 2011 Page 6 of 30 Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Breckon: John Breckon, Breckon Land Design, 181 East 50th Street, Garden City. De Weerd: Thank you. Do you have anything you would like to add on this item? Breckon: I do not, Madam Mayor. Bill pretty well summed it up. I think we are ready to move ahead. We have got -- we have the construction documents finished and ACHD has approved it, so we are hoping that you will approve as well. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none, Mayor. Rountree: I have none. De Weerd: Okay. Thank you for being here. Breckon: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none, staff, anything further? Parsons: No, Mayor. De Weerd: Thank you, Bill. Council? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Hearing none I move we close the public hearing on AP 11-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES.. Meridian Cily Council September 6, 2011 Page 7 of 30 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve AP 11-003 and include staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion from Council, 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. Item 9: Department Reports A. Legal Department: Sanitary Services Corporation: Annual Rate Adjustment for Solid Waste Collection Services De Weerd: Under Item 9, Department Reports, we will start with our Legal Department and our SSC presentation. Nary: Thank you, Madam Mayor, Members of the Council. You have in your packets a memo from SSC. This is in regards to the rate increase that's contemplated by our franchise agreement with SSC. I believe -- and I may be incorrect, but I believe they have not had a rate increase in three years? Yeah. Three years. So, if you noticed in the methodology, basically, in our contract it allows us to adjust based on the consumer price index and there is a couple of other formulas that they use, but, basically, what it comes down to there are two new fees that are being proposed and an overall residential fee increase of 30 cents per month for each of the three levels of collection service that people receive for the various size of waste cans. The two new fees, one is for a carry out service. What they find in some locations that the people of residents for -- and they make it clear in here that if there is a medical reason, if they provide documentation or proof to SSC, they won't charge for the service, but there are some folks that just don't like to take their cans out, they have -- usually the circumstances that I understand is like a long driveway and sometimes they don't like to have to wheel their cans down to the curb, so SSC has to actually drive either a truck all the way down their driveway or the driver has to get out and go get their can, bring it all the way out to the curb. So, they are proposing a fee of 60 dollars a month for that service and looking at the local area, the larger collection company in the valley charges even more than that for that type of service. So, they felt that was a marketable rate based on their time and the time to pay the driver, the time it takes to do that. The second is the turnaround compactors and that's just a style of commercial compactors, it requires them to, Meridian City Council September 6, 2011 Page 8 of 30 essentially, hook up to it twice, instead of once, to be able to dump it and so they felt that it was appropriate to add an increased cost for that, because it takes longer, again, to do that. Those two we would, then, have to advertise as new fees, but the other ones don't require any additional advertising, because they were less than five percent. They were actually a 2.82 percent increase. So, if you find that acceptable, you can approve those to whatever date certain that's being requested and, then, we can advertise the other two fees and add those on as well. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And Mr. Nary. My question would be on the -- not just the charge for going some distance into the private property to retrieve a can, but the liability aspect. Is -- is the customer required to sign a liability waiver if -- if SSC's truck is going to be traveling some distance on their property or even if the employee is going to walk up the driveway and pull the can to the curb -- I'm sure everybody assumes that SSC is part of the city, even though they are a private contractor and is SSC and are the city covered for liability if somebody thought something got damaged on their property? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, that's a great question. From what lunderstand -- I wasn't present for the discussion, but I think they have been doing this and -- because just as a service and they have I think come to the conclusion that they can't continue to do this. They have not received any liability waiver or anything like that. So, I think they certainly have covered the city for any claim against the city if someone were to believe -- they are a city entity and, therefore, we have a responsibility for their actions. SSC has indemnified us, so we don't have any outstanding issue with that. Their insurers would cover them as well. I would -- I would be happy to suggest to them that they consider any service they provide like that, that they get their own coverage -- or their liability waiver, which would be simple to do. If you sign up for that service here is part of the conditions to do it and, again, haven't talked to them directly about that. My guess is their Council would tell them the same thing and so I can at least cover that base with them to make sure that's at least been thought of. Zaremba: Great. Thank you. De Weerd: Other questions from City Council? Bird: I have none. De Weerd: Now, I guess I will ask for our Solid Waste Advisory Council liaison's remarks, but if we have to -- if -- there is the new fee and we are going to be asking for public comment on that, would it not just be prudent to hold this in full and have any adjustment available for public discussion? Meridian City Council September 6, 2011 Page 9 of 30 Nary: Madam Mayor, Members of the Council, you certainly -- that's within your option to do. There is certainly nothing prohibiting that. I think we can likely get it advertised adequately. They were recommending October 1 for the effective date and, unfortunately, Mrs. Glenn isn't here. I don't know. I have had a time keeping track. Doing it on the 1st of the month makes sense to us, but I don't know that actually in the billing cycle it would probably be later than the 1st anyway. We could certainly get a public hearing advertised on the new fees prior to October 1. So, we can take action prior to October 1st anyway. And it would just go into effect as soon as the billing period starts after October 1st. De Weerd: Well, I think if we are inviting public comment it would make sense to have it all as one package. Nary: Certainly. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My recollection is that was the discussion of the SWAC, Solid Waste Advisory Committee, that it probably would be put forth in terms of either a public meeting or a public hearing, since it involves the rate, particularly the new fees, and I don't think there was any urgency expressed and SSC understands that and they also understand the terms of the contract with the city is that they have an escalator for their rate for an adjustment based on the CPI index, which has had a slight increase this last year. So, they are just following through with the contract we have with them. De Weerd: Okay. Any additional comments or questions? Okay. Direction from City Council to move the -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I suggest we do -- let's do just what you suggested, let's get it to public hearing and listen to it and get it done as soon as we can. De Weerd: Okay. Mr. Nary, if you can work with my office in making sure that we get this -- a press release and get this information out. Nary: Absolutely, Madam Mayor. We will take care of getting the noticing done through the clerk's office, so we get a date set and we will work with your office to get -- make sure that gets a public notice as well. De Weerd: Thank you very much. Meridian City Council September 6, 2011 Page 10 of 30 B. Legal Department: Senior Center Transportation Agreement C. Legal Department: Senior Center Equipment Request De Weerd: Item No. 9-B is also under our Legal Department. Actually, 9-B and 9-C. So, I will turn this over to Mr. Nary for an introduction on these two items. Nary: Thank you, Madam Mayor, Members of the Council. You have two items before you regarding our senior center and there are representatives of the senior center here tonight. On your table in front of you is a recipient agreement and if you recall in the past we have had discussions about any entity that receives funds from the city, that we would enter into a recipient agreement that they agree to certain conditions of, essentially, accounting for those public funds that they are using and the senior center in the past traditionally has received funds from the city in relation to their transportation program and I will certainly let the senior center representative explain the specifics, but -- so, they provide transportation to their -- their patrons for the various programs that they have at the senior center and the way it has worked traditionally was they would pay for -- their fiscal year runs differently than the city, so they would pay for those services in their fiscal year and the city would, then, reimburse for some of those costs in our fiscal year. So, what's in front of you is a recipient agreement and what's intended is that the recipient agreement would be a base agreement that wouldn't likely change from year to year. There is an attachment to this agreement that's entitled Appendix A that relates to the transportation costs that have been incurred by the senior center facility in their fiscal year that they are seeking reimbursement from the city for those funds. Not an issue of any sort in reimbursing for those types of things, so this is fairly common as we have done in the past, all we have asked for now is a more clearer accounting of those proceeds and how the funds have been expended and their accountant with the senior center has had a couple of conversations with our chief financial officer, so that they are both clear on what's necessary and some of the things that the city would bear some of the costs for some of those reporting requirements, because it's something outside of what they are normally required to do for their other funds. In addition, the Item C on your agenda is for equipment. With the new facility that's getting constructed in Kleiner Park, the senior center is seeking some assistance from the city in relation to some of the equipment that they would need in regards to their kitchen catering operation that they are going to establish in that facility and since we hadn't previously provided funding for that specific need, we felt it was most appropriate to have that conversation with you and make sure that's the direction you want to do. Because the senior center facility in Kleiner Park won't be opening this fiscal year, it's probably not necessary -- or at least I didn't think it was necessary to incorporate that into this current agreement or this current appendix, but it would likely come back to you in our next fiscal year, which begins in about three weeks, when they have actual costs, actual requests for reimbursement based on what was expended, so we would likely see it again in the next year for both, again, transportation costs and they want to talk a little bit about that and what -- those changes that may occur next year, as well as equipment cost. So, with that really long introduction, base agreement, the appendix for this year that we are seeking approval from you tonight, if it's Meridian City Council September 6, 2011 Page 11 of 30 acceptable to the senior center's representative and, then, the discussion about the future year and future funding. De Weerd: Thank you. Cindy? Or -- I see Veronica is here as well. Thank you for joining us. Cindy, if you can state your name and address for the record. Hill: You bet. Cindy Hill. 1226 West Emmy Court in Kuna, Idaho. Members of Council, Mayor, just what is before you is the transportation cost that we have incurred this past fiscal year -- will incur this year and, basically, the transportation is to provide those seniors that are homebound an opportunity to be able to be -- to come to the senior center for socialization and for a daily meal. A lot of times this is their only socialization that they have and, basically, their only meal that they -- they receive. So, that's -- our transportation funds also include to be able to do grocery runs in case there are some seniors that just feel that they need to pick up a prescription and they can pick up a prescription at the -- at the store. De Weerd: Council, any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick question. Cindy, when the new senior center opens, I mean that's quite the facility compared to what you have now. Do you anticipate higher utilization and maybe more --higher transportation costs down the road? Hill: Yes, we do. In fact, we are looking at the possibility of putting both of our buses in. Right now we have a ten seater bus and, then, we also have a 16 seat bus. Within -- you know, just going through the moves and understanding the population and what we will be dealing with will determine whether or not we put that second bus in order. Hoaglun: Okay. Great. Thank you. De Weerd: Anything further on this item? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Now, Cindy, you're asking for the 16,950 for fiscal year 2011? Hall: Yes. Bird: That's the one that finishes -- Hall: We are just finishing now. Meridian City Council September 6, 2011 Page 12 of 30 Bird: Okay. We haven't paid you anything this year? Hall: No. Bird: Okay. And you have read this agreement? Hall: Yes, I have. Bird: And you -- you and the board agree to it? Hall: Yes. Bird: Okay. Thank you. De Weerd: Okay. Mr. Zaremba? Zaremba: We sort of have two different subjects going here. I will comment on one first and, then, ask a question about the other one. I certainly am in favor of supporting the transportation program. I say often Meridian is the largest city in Idaho that doesn't have a public transportation system within our borders and this provides a very needed service to our citizens and if Meridian can support that I'm all in favor of it. You do understand that we do answer to the taxpayers and that's why we are asking for the accounting of where it goes -- Hall: Definitely. Bird: -- because in our goal to be as clear as we can with everything that's why we are asking for all of that. So, I'm very much in favor of that. On the other subject of providing equipment, Ijust -- I just need to ask either you or I guess Mr. Nary or both -- I guess my concern is your goal is to have income from the use of this -- Hill: Yes. That's correct Zaremba: -- and that puts me in question of whether the city can actually contribute to that, unless it's in the nature of a loan that might be paid back over time or -- and I realize you're not really planning to get into this discussion until next year, but I do have a couple questions that need to be answered for me in -- I see the clear benefit of the transportation issue to all of our citizens. I need to have an explanation of the benefits of -- to our citizens of subsidizing something that you will have income from. I don't know if that's a -- Hill: No. That's a -- Zaremba: -- interpretable question. Meridian City Council September 6, 2011 Page 13 of 30 Hill: That's a good question. And, actually, we haven't come to that discussion. We were just -- in the fact that we don't have any equipment in there right now is -- that's where we are coming from with that. But, sure, we understand the fact that we will be using that as a sustainable income, because that comes into play with -- with what your question is. And we just -- right now we haven't had that discussion. Zaremba: Okay. I guess my question is is that okay. I understand the purpose, but -- Nary: Madam Mayor, Members of the Council, Council Member Zaremba, within some limitations I think it certainly would be okay. I think you asked the exact question that I think the Council would have to answer is what is the public benefit to that. What is the public's value that they are receiving and that's something I think when you get the specifics of what those are or prior to them maybe -- if this is a funding source that is significant to them being able to make this operation work, then, probably having that discussion with you prior to making purchases would probably be a wise thing to make sure that this Council is comfortable that there is a public benefit that you're providing and especially -- again, I think you hit it right on, that the -- you're talking about essentially two different things, you're talking about a start up, so the cost of actually putting in this facility, and, then, secondarily, ongoing cost. So, what's the city's roll in that in either the start up piece or an ongoing piece or both and, then, again, what's the public's value or benefit they are receiving from it. That probably would be a very worthy discussion, whether it's tonight or tonight and other nights -- another night as well, would make sense. Maybe before they get too invested in it, but I -- but I think that's exactly what the Council has to answer is what's the public's value of that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I learned today that there are two full kitchens in the new senior center, one for catering, one's primarily going to be for meals for the seniors and if that isn't a public benefit I don't know what is. So, I think we have a good connection there for future discussion. I don't know that we need to belabor this, we have heard that the senior center and board has read and agreeable to the recipient agreement. Therefore, I would move that we authorize the Mayor to sign and the Clerk to attest upon receipt of signature from the senior center and further authorize the reimbursement of 16,950 dollars for transportation for FY -- Zaremba: Second. Rountree: --'11. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian Cily Council September 6, 2011 Page 14 of 30 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: So, I guess, Cindy, as you come back with the kitchen equipment I think it will be important information for City Council and to the public to show how many meals are served and that's just not those -- the bodies that come into the center, but also the Meals On Wheels program. Hill: Okay. De Weerd: So, that will be good information to have. Hill: Okay. De Weerd: And, then, what -- what equipment you're asking the capital expenditure for. Hill: Okay. All right. De Weerd: Anything else, Council, you would like to -- Rountree: No. De Weerd: -- included? Mr. Bird. Bird: The only thing I -- regarding the equipment is -- is they are going to have two kitchens in there, one's going to be for Meals On Wheels and what they feed and the other one's for catering. Hill: Yes. Or fundraising. Bird: Are we going to have duplicate -- what are -- I mean Meals On Wheels or whoever that is going to have their -- furnish the equipment I think and what -- what kind of equipment are you expecting to -- to furnish the whole hoods and all that kind of stuff? Hill: No. The hoods will -- Bird: That's the thing that we need to know. Hill: Okay. That's the kind of information? Bird: The business plan. Yes. Hill: Okay. Okay. Excellent. Meridian City Council September 6, 2011 Page 15 of 30 Bird: I didn't think you wanted us to put up a complete commercial kitchen. Hill: No. It would be nice if you wanted to, though. Bird: I don't think our taxpayers would like that. Hill: Okay. Okay. Bird: They don't come cheap. De Weerd: Okay. Any other information that you would like to receive? Rountree: No. I think I'd wrap it up. Bird: Thanks, Cindy. De Weerd: Okay. Thank you. Hill: Thank you, Council and Mayor. Rountree: Thank you. D. Planning/Legal Department: Discussion of Termination of Development Agreements De Weerd: Thank you. Okay. Item 9-D is under Planning and Legal Department and I will turn this over to Caleb. Hood: Madam Mayor, this is the Bill Nary show and he's going to take the lead, so -- Nary: Madam Mayor, Members of the Council, this is based on a specific request, as well as more of a larger global discussion about development agreements. Mr. Clegg is in the audience and Iwill -- if I get this wrong Mr. Clegg can correct me. Mr. Clegg is the current developer of the Springhill Manor? Is that the name of it? Okay. And part -- and he's in the process of selling that business to another provider of assisted living facilities. One of those conditions that the seller -- the buyer would like is to not have a development agreement restrictions on the property. So, I had a conversation with Mr. Clegg about a week ago and we don't -- we have language in our development agreements that allows the city to terminate the agreement at the Council's direction. It doesn't grant administrative authority to do that. So, Mr. Clegg and I had a discussion about who has the authority to terminate or alter the conditions of a development agreement and I told him that we have always had --the Council makes all of those final decisions, whether to amend it or not to amend it, whether to terminate or not. However, after a public hearing, because all of our development agreements are a part of an annexation process which is a public hearing, all of our amendments or even Meridian City Council September 6, 2011 Page 16 of 30 termination of development agreements have always been done as part of a public hearing. So, it has been noticed for a public hearing. I don't know the date off the top of my head. I think it's the 27th of this month. But Mr. Clegg did ask the question, because based on the current change in the marketplace he felt that that type of action sometimes can be very restrictive on their opportunities or abilities to transact business the way that needs to be done and I told him I certainly didn't profess to know what the business or the banking industry does these days, so I'm not going to presume to know the answer to that and I told him I was going to ask you if you felt comfortable in wanting to either grant administrative authority in this case or administrative authority in the future, we would have to definitely alter our current state of development agreements. That being said, I can't recommend that we do it administratively anyway. Most of the time the problems that we find on development agreements we sometimes don't discover them until we have a public hearing. As you probably all recall, we have had more than one development agreement, whether it was to amend it or to terminate it, that all the parties, including the city and sometimes the developer thought everybody was satisfied that all conditions had been met and yet a neighbor comes and says my water isn't getting delivered like it used to or they built the box in the wrong place or the gate's closed or whatever and there is usually something that we didn't know and even the developer may not have known was a problem and we didn't discover it until we had a public hearing. So, it's very -- it would be very concerning to me or for a staff level person to make that decision without public input. That being said -- and I'll let Planning maybe have the rest of the Caleb show, is there are ongoing issues in the development agreements that sometime the -- the whole purpose of them is not to deal with one development, it's usually to deal with that property for a long time into the future and the conditions we place on those properties through development agreements are sometimes our only mechanism or ability to enforce those requirements. We may not have -- and I will steal Caleb's thunder. For example, in our -- in our development agreements we require landscaping for certain types of development. We require you to maintain your landscaping. We don't have an ordinance that requires you to maintain landscaping. We don't have an ordinance that requires you to water your grass. We have an ordinance that requires you to not let your grass grow more than eight inches tall and be full of weeds, but we don't require you to maintain it, except through a development agreement. So, if you eliminate it, then, you no longer have any restrictions on that property that maybe your only tool for certain things. Now, there may be things -- again, I want to get to Mr. Clegg, because we will deal with that specifically when we get to the public hearing, but that's the kind of dialogue we had at staff is where we are concerned about doing that, but that's I think something for your public hearing. All we are asking tonight was -- I told Mr. Clegg I'd ask the question whether you felt administratively the Council would be -- direct that either individually or globally or you wanted to consider that for a future discussion and, again, we are set to put that matter before you in a public hearing later this month on this specific development agreement and whether the conditions could be terminated or whether they should be amended or whatever the staff may recommend at that point. So, I don't know if Caleb has any other issues to bring up from planning's perspective. And Mr. Clegg is here if you wanted to give him an opportunity to explain what his concerns were. Meridian Cily Council September 6, 2011 Page 17 of 30 De Weerd: Thank you. Caleb? Hood: Madam Mayor, Members of the Council. I think Bill covered most of our concerns pretty adequately. I do have some concern -- not specifically with this request, but in general administratively, like Bill mentioned, I mean just the transparency aspect of it. We can go and check. If a fence that's required got put in, but there may be issues we aren't aware of that if we are given that authority administratively to terminate a development agreement, I don't think that's very transparent for neighbors that may have issues with that. So, I think it's cleanest if -- if we kind of leave things the way we currently process them and, again, to me there is two issues, that transparency and just the long term. I have no -- they have, as far as I know, done all -- met all the conditions of approval, but 20, 25 years from now some of those things we may want to still see on that property no longer run with the land. So, that's some of our concern. That's not done in a public forum and made -- everyone's made aware that those no longer run with the land, I have got something from there, but, again, Bill mentioned those already, so -- De Weerd: Thank you, Caleb. Mr. Clegg, do you have any comment? Clegg: Can I? De Weerd: Uh-huh. If you will, please, state your name and address for the record. Clegg: My name is Doug Clegg and I live at 1342 East Covey Run Court in Eagle, Idaho. De Weerd: Thank you. Clegg: And I want to express my thankfulness that you guys are willing to --just to even let us come and talk about this tonight. I have served for several years now in the National Investment Council For Senior Housing and one of the educational privileges I have had in serving on that council is to learn a little bit about what is happening for long-term financing for seniors and I believe you guys are very aware of the fact that commercial lending right now is very very difficult to obtain and the two main lending agencies that manage our long-term financing is Fannie Mae and Freddie Mac and HUD and those are federally backed loans. One of the challenges that we have when we go through an underwriting process is that the title companies and lenders that are underwriting these types of projects when they look at them they go back and start looking at the development agreements, the CUP, and any other legal documents there are that bind a project. When we have a development agreement that has specific language in it, like our does, and my understanding from Bill is that -- I'm not a legal expert, I just know he's had discussions with our legal advisors and also the guys at Givens and Pursley that when you have that kind of language it implies that the agreement is complete and it's been fulfilled, the underwriters are looking at that and saying it needs to be terminated and this is why they are saying that, they are saying Meridian City Council September 6, 2011 Page 18 of 30 that because if the City Council changes or the Mayor changes or the staff changes that were involved in the process of developing -- or putting together that development agreement, they have seen historically changes of opinions and/or understanding interpretively of what that development agreement means and on a commercial loan it usually has a term of five to seven years, it makes it very difficult for a guy like me to go and get a loan, because a lending officer is saying what happens if Madam Mayor de Weerd is not reelected or two of the city councilmen and/or Master Nary is no longer the legal advisor and there is a different opinion of what this means when we go in five to seven years and have to refinance this. They can consider that an at risk document. So, accordingly, I went back and I got a director's determination letter and I gave it to them and they said we like you, but not that much, so we are not going to grant this unless you can go to the city and have this development agreement terminated, because the language is in the agreement that it will be terminated when you have fulfilled all the requirements. I recognize what Bill is saying and that is that there are multiple phased projects where a developer may at times change things. This is not one of those. And so the lenders and title officers are viewing this and saying you have done everything and more, you are a business that is at will to have a highly and well maintained facility. I recognize what Bill is saying if we don't mow our lawn. Well, if we don't mow our lawn or water it we are probably not going to have residents come live with us, because they are going to say if you guys can't take care of your landscaping how are you going to take care of mom. So, that's not a real high risk in my opinion for the city and I'm -- I kind of feel like a guy stuck in the middle here, trying to say what do I do. How do we solve this problem. We did have a homeowners meeting, a neighborhood meeting. I had one out of 16 show up and she showed up because your husband needs our services in six months. Everybody else that we have talked to loved the project. I know we have met and exceeded those requirements in the development agreement. We have filled out the application and paid the money to be on your agenda here in another few weeks, but I'm trying to get some education and, basically, a feeling from you guys and, Madam Mayor, what your thoughts are, how I should proceed as a developer on something like this. De Weerd: Thank you, Doug. Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think as Mr. Nary said, because development agreements are one of the results of the public hearing process, I feel it's important that any change to them or termination of them also be part of a public hearing process. There is a formal notification of the neighbors that this is desired. That does not necessarily make it more difficult to terminate it or -- it maybe extends the time frame a little bit, but to me, yeah, I feel it's important to -- if it started as part of a public hearing process if it's going to change I think it needs to be part of a public hearing process. Now, what we also come out of the public hearing process with is a solution to your issue and a discussion of Meridian City Council September 6, 2011 Page 19 of 30 whether we need to change our policy in general about what happens to -- there is more discussion here than that and -- Clegg: You bet. Zaremba: -- to me that's a good thing and that's what public input is helpful for. If this is scheduled for something like two weeks away from now, then, I realize that's an extra two weeks to wait, but, hopefully, at that point we would get all of the information about this particular development agreement and how much of it has been satisfied and, you know, how much of it has been satisfied and, you know, how much of it maybe is covered by an ordinance that has occurred since then and it would be kind of one off decision, but we would also in the back of our minds be wondering if any policies need to be tweaked. But I'm afraid from my part I -- I feel it needs to stay part of the public hearing process. De Weerd: Mr. Rountree. Rountree: This is new, don't really have any answer, I think we need to talk about it. I can feel your pain though, if you can't get a loan because of some of these agreements. There are some things that -- and Bill mentioned the landscaping. I want to -- I would anticipate -- and I don't think it applied to yours, but cross-access agreements that go with property and usually part of a development agreement, to me that's a long term thing. If you terminate the development agreement in 20 years from now and a well established access is eliminated, because it's no longer attached to the property, that leaves us and that leaves the adjacent property owners and business or whomever is utilizing those kind of up a creek to reestablish it. So, I guess I could see those long term things that we identify in this process as we talked to you about it, those are things that we need to figure out how to contractually deal with whether they are easements or ordinances or those kinds of things and, then, obviously when you have met the terms and conditions of your development, whether it's the color or the design or the orientation or sewer easement or all of those kinds of things, once that's done I don't see any problem terminating the terms and conditions of the development agreement, but I would want to see it at a public process for the very reason Bill brings up, is that we -- we don't know how -- how well the promises have been met, because we are not necessarily neighbors in all cases and it seems like people don't bring that stuff forward until they have an opportunity to see a property posted with a public hearing notice and, oh, here is an opportunity to take this to City Hall and bring up an issue and we do clear up a lot of issues that way. So, I would think that in terms of process that it needs to go through some kind of a public hearing process in terms of the -- how we deal with the long term nature of some aspects of development agreements, that's a tough nut for us to address and I -- I need some time to think about that and I'm sure everybody else does, too, but we certainly want to work with you to do that, because I suspect that not only your industry, but other industries are going to be seeing the same kinds of constraints on them when they get commercial loans. Meridian City Council September 6, 2011 Page 20 of 30 Clegg: Yeah. I think you're very very accurate and I -- Madam Mayor and City Council, I -- there has to be a way for us to somehow make the concerns of legal counselors and underwriters and still insure that the public and the city have all the original intentions of an agreement that are protected and one of them that you actually bring up, we do have a cross-access maintenance agreement with the Presbyterian Church there, that, actually, came up in title and they are holding very very stringently to that. In fact, they are requiring us to go back and get a subordination agreement with their lenders, because they are saying that the lending was in place before the cross-access agreement was in place and if they default on their loans and the lender owns the property, the easements go away. So, we are having to go back now to two other lenders and get subordination agreements, so that they basically state the agreements will never -- the easement will never go away and I'm only sharing that with you in light of -- Rountree: It's good to know. Clegg: Yeah. It is extremely difficult right now in this lending environment. We can't even get title insurance policies to cover some of this stuff, because of the language that we have right now this particular development agreement that basically says when you have satisfied all these agreements that you have a right to terminate the agreement and they are; well, if you do go get it terminated and I'm saying, well, that's great, but I -- and I agree with another public hearing, we are thrilled to do it, and happy to have that and we have already filled out the application and we happy to come back and do that. I -- I'm just hoping we can find a way together to get through this, so that the lenders will fund and we can be in business. De Weerd: Well, Doug, you definitely have made a huge and vast improvement on that corner. Your development is -- is -- is beautiful. I know I heard from the neighbor, apparently, that came to your meeting and they're ecstatic. I guess my question to Mr. Nary is to meet the objectives of the city protecting the -- the neighboring properties and what their interests may be and also meeting the financial consideration, is it really a termination or is it terminating some of the -- more amending that development agreement to say these -- these elements have been set aside, but these other ones are more tied to the land. Does that meet the intent of what your financial considerations are? I -- I don't know if there is a different way to -- to also protect this, other than -- it's just like you said, any one of us can be gone at any certain time, so can you. Clegg: Exactly. De Weerd: And so we have a track record with you. We know the work you have done and the good neighbor you have been, but that doesn't necessarily mean the next person will be as well. So, it goes kind of both ways here. Clegg: Agreed Meridian City Council September 6, 2011 Page 21 of 30 Nary: Madam Mayor, Members of the Council, I think from the staff level in our recent discussion, I think that's probably where the staff report's going to go and have that discussion with Mr. Clegg as to what -- what we really think as the city really needs to run with the land, they really are things are not tied to this type of use, but, really, are tied to any use for the property versus things that are completed. I mean there are certain things and I'm certain in this development agreement that are done, but -- and that's what I think is the -- the purpose of tonight's discussion is when you -- when you drill down in this particular development and the type of development that is it, the likelihood of redevelopment into something else is fairly small, because of how -- what you have to do construct this type of facility, it's not real easy, than changing it into retail outlets or a store or something else. But many of the development agreements they have that aren't for this type of development may be more problematic want to terminate, but on this one there certainly are conditions I'm sure that have been satisfied that don't -- no longer need to be and aren't likely to change and there may be some that the staff really feels strongly that need to remain. So, we are really looking at amending the development agreement and leaving out conditions going forward that have been satisfied are completed and aren't going to change and they may still be requesting to leave some in place. But, again, I don't know from Mr. Clegg's lender's standpoint if that's going to be a problem or not. I don't know. They may see it as -- some of it really is -- I think some of it, to be honest, is the environment I think that Mr. Clegg is talking about and you're also sometimes dealing with lending institutions that don't have any local experience -- I think you said it exactly, they have dealt with other communities and other places where these have become problematic issues and so that's all their experiences as well. So, trying to massage between those two things to make sure the city's protected, as well as we are creating a -- you know, a business environment that they can work in, is something we will try to get resolved before the 27th. De Weerd: Well -- and Iguess I -- we see a number of things and what was promised in a DA what might have been built -- and sometimes how it redevelops. So, call us a little skeptical, but, you know, this is a residential type of business and I would like to think that there wouldn't be a use that the neighbors would have concern over, but it could very well be a halfway house for prisoners coming out and integrating them in. Could be a recovery center and all of those are needed elements, but I'm not sure if your neighbors would appreciate the city to have allowed uses that could be converted without them ever knowing and I think that's maybe the conundrum that we are -- we are seeing that just a termination flat out administratively, that puts our staff in a heck of a position. Clegg: Madam Mayor, City Council, I agree a hundred percent. Is there -- do we have the latitude to include some of these restrictive concerns in our Conditional Use Permit, instead of the development agreement, that we agreed together and we can get our title officers and lenders to say these are lasting concerns that the city has or is that the wrong place for those -- that type of language? De Weerd: Caleb. Meridian City Council September 6, 2011 Page 22 of 30 Hood: Madam Mayor, Members of the Council, we can certainly look at that. Mr. Parsons is writing the staff report on the development agreement slash termination request. That may be appropriate. If it's just that it's in this type of an agreement -- a CUP runs with the land, too, so we will look at that and filter through some of those things that -- I can't imagine there is more than one or two that we see needing to run with the land. Our zoning will cover most of those other concerns you just brought up, Madam Mayor. I mean things like that will require a CUP and you will have another public hearing, you can't just do a tenant improvement and move some of these other things in. So, you know, 99 percent of things I think our city code will cover, but there may be one or two -- cross-access is a good one or, you know, specific type of fencing that was required when that development went in, well, if they take it down our code doesn't require that, it was something that was specific to that project and that property. So, just maybe one or two and it may be an opportunity where we could look at rolling those into the CUP. What I would offer is that we can get with Mr. Clegg here this week sometime, if he's got some time, and go through those things that maybe we think need to run with the land and look at putting those into a CUP and see if we get on the same page with some of this stuff before it comes back to you on the 27th or whatever that date was or whenever it's scheduled for hearing. So, I think we can work together and come to some agreeable solution. I don't know what all the lender's requirements are, but -- but I think, hopefully, we can -- we can come to some understanding where everybody is covered in their needs, so -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just -- I think, Caleb, that -- what Caleb just said kind of brings out the comment, each -- each property can be different and there is different variables in each one and some would be very easy to say -- check the box, all of the DA requirements are met, you don't need it any longer. Others like a fence or cross-access, you know, we need to explore, well, how else can we do it and, Doug, I guess my question for you is in your research and working with these lenders, if you have a DA and there is 12 items and 11 of them are done, they are done for good, but maybe we have across- access issue, is the lender -- is it having any item out there or is it just knocking it down to where they go, okay, that's manageable, that's one, yeah, do this and this. What have you found out there in talking to them about it? Clegg: Councilman Hoaglun, I -- I think right now the major concern is is that we have a boilerplate language that gives the impression that once the development agreement is satisfied that it may be terminated and so it is applicable to all of the conditions of the development agreement. That's my opinion, but I don't know for sure, I'd have to get with our legal counselors and with the title officers and the lenders that there are probably some of those items that could be transitioned to a CUP or another controlling instrument that would be very specific and they would say, yes, this makes sense to us. But right now it's not that way, it's -- I'm not saying it's generic, but it covers a lot of Meridian Cily Council September 6, 2011 Page 23 of 30 items that they feel are interpretive ih nature and that's what they are concerned about. So, that was an excellent question and I do agree with you I think that probably could be ciphered out in the discussions. Hoaglun: And, Madam Mayor and Doug, I don't know if you have the answer to this, but is this just endemic to this type of development that you're doing or is this something that's going on more commercial wide, as opposed to just your specific project for the industry that you're in? Because it might be if it's just your industry, then, we have to deal with it for this specific industry and others if we don't have this problem, then, it's not -- we don't have to deal with the whole big picture of DAs and everything else. But it could be through Dodd Franks and all the regulation requirements that have come down from the federal government, it could be something we are dealing with for all commercial projects for lending, so -- De Weerd: Lending is becoming more and more complicated. Clegg: Madam Mayor, City Council, I'm not an expert. I have been doing assisted living for 18 years. We started out with Key Bank and doing 504 loans, with the Southeastern Idaho Development Corp, we have gone to American Equity and Insurance Lenders and now we are working with federally funded loan programs, because there are very -- very few lenders. We have even put out a proposal to 15 lenders for this specific project and I had three say yes and one commit and that was Idaho Central Credit Union just to build it and now we are in the process of trying to convert that construction loan into a permanent loan, nobody wants to touch it with a ten foot pole and it's because they all have portfolios that are nationally based that have areas that have been affected and when they looked at their balance sheets and the FDIC now is calling all the shots, the bankers are not the guys saying this is what we can lend on, they are saying, yes, ma'am and yes, sir, we will do whatever you tell us to do and it's challenging and the underwriters for the title industry right now are not willing to get title insurance policies, because they have been slammed pretty hard by a lot of these lenders coming back and saying you wrote a title insurance policy on this loan, now it's in default and we are proving that you're wrong and it's costing them a lot of money and it's tough and it's really tentative for us and I'm not a legal guy, but Ihope -- I'm confident that -- and appreciate you guys, I really really do, that you're willing to visit about this and I believe we can get together and figure out how to get this solved, because it's -- I don't think it's going to go away, I really don't. Hoaglun: And, Madam Mayor, just my political shot -- and people in other places scratch their heads and wonder why jobs aren't being created by private businesses out there. Clegg: It's tough. Bird: Leave that to the government and we will show you how to shut it down. Zaremba: Madam Mayor? Meridian Cily Council September 6, 2011 Page 24 of 30 De Weerd: You want to speak up, Mr. Bird. Mr. Zaremba Zaremba: I just -- and one of the other things that I want to register that I heard is -- is their discomfort is that some of the conditions may be subject to changing interpretations or whim or whatever and I think part of what we need to look at in all of our development agreements and maybe parts of ordinances to make sure that they aren't subject to whim or interpretation, that they are clear enough -- I mean, unfortunately, a six page document is probably going to turn into a 50 page document to be that clear, but we may have to get the lawyers involved, but -- De Weerd: Oh, good heavens. Zaremba: One of the things that we need to discuss is how do we make sure that a condition isn't subject to whim or weird interpretations and we will have to get there. Clegg: Right. Unfortunately for all of us I think we are meeting tonight because they are involved. That's why we are visiting, because -- De Weerd: And you can get a different opinion from seven different attorneys, so -- Bird: Madam Mayor? Clegg: It's been crazy for us. But thank you very much. Rountree: Thank you for bringing this up. E. Planning Department: Discussion on Possible Ada County Highway District Joint Meeting Topics De Weerd: Thank you. Okay. Item 9-E is our Planning Department. I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. You should have in our packet a memo I prepared, dated August 30th, regarding the upcoming joint meeting with the Ada County Highway District Board of Commissioners. That meeting is scheduled for September 30th and it looks like we have atime -- and I will go ahead and --either myself or the clerk will send out an a-mail reminding, but it looks like we will start around 10:30 on Friday, the 30th, on that joint meeting. It sounds like we will do some -- some snack items, some bagels, some coffee juice type things for that mid morning meeting on the 30th. The reason I'm here is to talk to you a little bit more about that agenda. The primary purpose for the meeting is to discuss the Meridian split corridor phase two project. However, some other potential topics have been tossed around as being also included on that -- that joint meeting. I will let you know we have several sub topics under the larger split corridor topic that we as staff would like to get before both of you elected bodies to kick around a little bit. So, I'm not sure that there Meridian City Council September 6, 2011 Page 25 of 30 will be any extra time or additional time to really talk about any other thing, but some things have been brought up. One of them being a walking tour and I'm not quite sure who brought this up as a potential item, but I wanted to just explore that a little further. That meeting will be here on the 30th, so if there was some field trip or a walking tour that needed to occur we could probably work that in. We may need to move that -- that time up just a little bit if we are going to fit that in. As is we probably will only have about an hour and a half for this meeting. Fairview access management was also brought up as a potential. Airport-Overland alignment and study was also brought up as a potential discussion item. Those are the ones I'm aware of. But I want to just get your feedback and as I work with the clerk in setting that agenda to see if there are any other topics for that meeting that you all would like to discuss. De Weerd: Thank you, Caleb. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm not sure what the walking tour would be. Fairview access management is going to be a subject of its own meeting. What's the status and the readiness, I guess, for a discussion on the Airport-Overland alignment? Is that ready to go and -- seems to me of the four items or three items you listed that might be the one we might want to add, if it's ready. Hood: Madam Mayor, Councilman Rountree, the study is complete. Parametrics has completed the final draft of that study. I have a meeting sometime later this week with the city of Nampa, ACHD, Nampa Highway District -- ITD will probably be there as well. It's my understanding that no one's adopted it yet. City of Nampa hasn't adopted yet. ACHD hasn't adopted yet. But the study is finished and complete in written form. That's some of the things I think we will talk about as our TAC, our team meeting, that -- that Nampa has called with all of us just to see where everybody is at in that adoption process. Sabrina Anderson with ACHD has also requested some face time with you all next Tuesday during your workshop to talk about it a little bit. So, in my opinion we have some of that discussion with ACHD there about the next steps. The last time I was here talking to you all about it we had a discussion. I took away from that meeting that we didn't want to have multiple public hearings about that before we actually adopted it and I believe it was you, Councilman Rountree. I said if we only have one public hearing I'd like to do that as part of our Comp Plan amendment. So, my time on for -- I have some other changes to the Comp Plan I'd like to propose here to the Planning and Zoning Commission and the City Council here probably later in the fall or early wintertime and this would be one of the things I would .propose in that suite of changes to our Comp Plan again before the end of the year anyways. So, it's ready to go if you wanted to have that discussion. The study is complete and ripe for adoption. We just -- I was going to hold it off another couple of months to just roll in with those other changes. Meridian City Council September 6, 2011 Page 26 of 30 Rountree: Is there a recommended preference in the study? Hood: The study recommends alignment 2B. Rountree: Okay. De Weerd: Any further comment? Okay. Hood: Okay holding off on that discussion, then, or did you want to put it on the agenda or we could maybe wait, too, until next Tuesday's meeting and see if -- my understanding from ACRD is they would like to have some preference on an alignment before they adopt. They just don't want to adopt a different alignment than we do, which is understandable. Rountree: Sure. Hood: But I told Sabrina I'm not willing to put anything in writing at this point on the preferred alignment until we have that public hearing and formally choose an alignment. So, there might be an opportunity. I don't think we have to set the agenda for probably at least another week, so -- Rountree: That would be good Hood: Then just the other quick thing I have on that is -- I'm not sure if it's ACHD or the Ada County Board of Commissioners, but they are trying to attend most of these joint meetings that ACHD is having with the other cities in the county, just to kind of stay in the loop and familiarize themselves. So, with us hosting this meeting I wasn't sure if we wanted to do that outreach to the Ada County Board of Commissioners or have ACRD do that. It's not necessarily our policy that when we have a joint meeting with ACHD we invite Ada County, but Ada County seems to want to be involved and I don't see any harm in that, but they asked the question, well, this is your meeting, do you want to do that outreach or shall we. So, I guess that's my last question is should we invite them or ask ACHD to invite them or do you really just want to discuss split corridor with ACHD? De Weerd: I don't think there is any harm in including the Ada County Commissioners in that discussion. I think it has benefit certainly. Bird: Yeah, I do, too, Tam De Weerd: So, let's extend the invitation. Hood: Okay. That's it. Thank you. De Weerd: Thank you, Caleb. Mr. Bird. Bird: You will extend the invitation to the commissioners. Meridian City Council September 6, 2011 Page 27 of 30 Item 10: Ordinances A. Second Reading of Ordinance No. 11-1488: Precious Metal Dealers De Weerd: Okay. Item No. 10 under Ordinances. We have the second reading of Ordinance No. 11-1488 and this is the second reading next -- next week is a workshop, so the third reading would not be until the following week. Council, that was your preference in decisions? So, the third reading would be on Tuesday, September 20th. Okay. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1488, second reading. An ordinance amending Meridian City Code, Section 3-5-2A regarding pawn brokers dealing in precious metals. Amending Meridian City Code, Section 3-5-9B4, regarding pawn broker records. Adding a new chapter, Title 9 -- adding a new chapter, Title 9, to Title 3, Meridian City Code, regarding precious metal dealers, definitions, applicability, and exemptions, license required, application and procedures and operating requirements for regulated transactions involving type one precious metals. Operating requirements for regulated transactions involving type two precious metal, prohibited acts by precious metal dealers, penalties and enforcement, providing a severability clause and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. We will go ahead and put that for the third reading on the 20th. B. Ordinance No. 11-1492: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow for Retail Wine and Beer Shops to Offer Servings of Such for Purchase by the Bottle or by the Glass De Weerd: Okay. Item No. 10-B is Ordinance 11-1492. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1492, an ordinance amending Title 11 of the Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, allowing for retail wine and beer shops to offer servings of such for purchase by the bottle or glass and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this item by title only. Is there anyone who would like to hear this read in its entirety? Okay. Council, Item 10-B is in front of you for your consideration. Bird: Madam Mayor? Meridian City Council September 6, 2011 Page 28 of 30 De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1492 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-B. If there is no discussion from Council, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Ordinance No. 11-1493: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Encourage the Use of Water-Conserving Landscape Designs De Weerd: Item 10-C is Ordinance 11-1493. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1493, an ordinance amending Title 11 of the Meridian City Code, as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, encouraging the use of water conservation landscape and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1493 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-C. If there is no discussion by Council, roll call, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 6, 2011 Page 29 of 30 MOTION CARRIED: ALL AYES. D. Ordinance No. 11-1494: An Ordinance Amending the Text of Certain Sections of the Unified Development Code (UDC) to Allow Dispatch Centers for Mobile Services De Weerd: Item 10-D is Ordinance No. 11-1494. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1494, an ordinance amending Title 11 of the Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, regarding allowing dispatch centers for mobile services and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by the only. Is there anyone who would like to hear it read in its entirety? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 11-1494 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-D. Seeing that there is no discussion, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: I won't say all ayes, but all voted for. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Okay. Item No. 11 is future meeting topics. Council, there have been no special requests in front of me for your consideration on this item. Anything from Council? Rountree: I have none. Bird: I have none. Meridian City Council September 6, 2011 Page 30 of 30 Item 12: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1 ~(a~ To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Wherein the Respective Qualities of Individuals are to be Evaluated in Order to Fill a ParticularVacancy or Need De Weerd: Okay. So, we did add an Executive Session. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we go into Executive Session per Idaho State Code 67- 2345(1)(a). Bird: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:18 p.m. to 8:47 p.m.) MEETING ADJOURNED AT 8:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) of ~ ~~ © i l IZ l MAYOR MY De WEERD ~,,,~~~~i~~~rray,. DATE APPROVED v~4~ ~,~k~~ ~"~a. ~~~. LAS,' y~~' ;~~ ~ ~~r. . ~~ , i ~~~~ ~~ ~ ~~~ y~'y; e ! ~ `~' ~'" 1~'TEST: ~ ` ~ RHOLMAN :~ ~'` , ... .. ,.,, ~«; ~,_. ,vr / i~6 99 4 y ~~', ~,~ ~ M A CLERK