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2012-05-01~~E IDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 01, 2012 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 3. Community Invocation by Tyler Wasson of Valley Shepherd 4. Adoption of the Agenda Adopted 5. Proclamation A. Meridian Building Safety Month Proclamation 6. Consent Agenda Approved A. Approve Minutes of April 17, 2012 City Council PreCouncil Meeting B. Approve Minutes of April 17, 2012 City Council Regular Meeting C. Final Order for Approval: TEC 12-005 Arch Rock Subdivision by Mason & Standfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat D. Final Order for Approval: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat E. Final Order for Approval: FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 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. Between W. Producer Way and N. Fox Run Way Request: Final Plat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Acres in an R-8 Zoning District F. Final Order for Approval: FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land G. Final Order for Approval: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat H. Incident Tracking System Software Agreement with Ada County Sheriffs Office Concurrence of Ada County Highway District's (ACRD) Award to Central Paving, Inc. for ACRD Project No. 310023 "Roadway Construction/Recycled & Potable Water Line Improvements - Ten Mile Road Intersection" and Approval of the City's Cost Share Amount of $86,354.40 J. Approval of Award of Bid and Agreement for "Wastewater Treatment Plant Sludge Handling Bed Improvements - Construction" to Guho Corp. and Authorize the Mayor to Sign and the Clerk to Attest for the Not-To-Exceed Amount of $224,900.00 K. Memorandum of Understanding Regarding Kleiner Memorial Park L. Approval of 2012-2013 Renewal of Beer License for Vina Restaurant Located at 15347 Main Street, Meridian Idaho 7. Items Moved From Consent Agenda None 8. Action Items A. Request for Reconsideration of City Council's Decision on MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 E. Ustick Road Request: Amend the Development Agreement to Modify the Conceptual Development Plan to Allow 14 Single- Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 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. Family Homes and Two (2) Townhomes on 2.81 Acres of Land in an R-8 Zoning District Denied (Pg 4-7) B. Public Hearing: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat Approved (Pg 7-9) C. Public Hearing: AP 12-002 by Joe Palmer Located 1524 N. Meridian Road Request: City Council's Review of the Director's Denial of a Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located in a Retail Store Continued to May 22, 2012 (Pg. 9) D. Second and Third Reading of Ordinance No. 12-1506: First Reading -Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites Approved (Pg 9-10) 9. Department Reports A. Planning Department: Discussion of Annexation of Property Located at 4018 W. Ustick Road Motion approved that Council has no desire to annex the property and authorize staff to draft a letter from Mayor (Pg 10-12) B. Parks & Recreation Department: New Maintenance Facility Budget Discussion (Pg 12-15) C. Continued from April 24, 2012: Mayor's Office: Budget Amendment for State of the City for aNot-to-Exceed Amount of $7,870.00 Approved (Pg 15-16) D. Police Department: Budget Amendment for Reimbursement of Internet Crimes Against Children (ICAC)Task Force Training Funds and Software for aNot-to-Exceed Amount of $1,983.02 Approved (Pg 15-16) E. Police Department: Budget Amendment for Reimbursement of Monies for "Force Science" Training for a Not-to-Exceed Amount of $12,755.99 Approved (Pg 15-17) Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 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. F. Police Department: Budget Amendment Donation for National Organization for Youth Safety (NOYS) Event fora Not-to- Exceed Amount of $500.00 Approved (Pg 15-19) G. Police Department: Budget Amendment for Ada City-County Emergency Management (ACCEM) Funding for Volunteer Computer Equipment for aNot-to-Exceed Amount of $3,635.00 Approved (Pg 15-20) H. Human Resources Department: Budget Amendment for FY2012 Funding of the Youth-Work-Life Skills Program for the Not-to-Exceed Amount of $22,200.00 Approved (Pg 20-21) I. Clerk's Office: Approval of a 2012-2013 Beer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. Moved to Item 6M on the Consent Agenda 10. Future Meeting Topics None Adjourned at 7:51 p.m. Meridian City Council Meeting Agenda -Tuesday, May 01, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 1, 2012 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, May 1, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bruce Chatterton, John Overton, Perry Palmer, Steve Siddoway, Kyle Radek, 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. Sorry we are starting a little bit late, but welcome. For the record it is Tuesday, May 1st. It is three minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tyler Wasson of Valley Shepherd De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Tyler Wasson, with Valley Shepherd Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us tonight. Wasson: Thank you. Let us pray. We come before you with thanksgiving in our hearts and praise on our lips for the goodness you have shown to each of us in the City of Meridian. We pray over the citizens -- the citizens of our community, for each family, for each business, and I would recognize that even tonight there is some who, in our own community, are in need. We ask that your comfort and peace would be with them. Tonight, Lord, the matters being discussed are not insignificant, but do have importance and we know that each issue requires great discernment, careful attention and necessary wisdom. We pray your provision and wisdom be upon each of our city leaders as they lead. May you allow each of them to have clear vision and direction as they listen, make decisions, and care for the City of Meridian and its people. We ask that you would continue to bless the city and community, as you have already so faithfully done, we ask that you be present now, amen. Meridian City Council May 1, 2012 Page 2 of 22 De Weerd: Tyler, if I could -- when we get first comers that come and lead us in the invocation, we offer them a City of Meridian pin. So, I would like to offer that to you this evening. Thank you for joining us. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple changes on our agenda. Item to note on 8-C, the applicant is requesting that this be continued to May 22 due to a family emergency. And under 9-I, Department Reports, staff is requesting that this item be moved to the Consent Agenda, since the county license has been approved and received, so we will move the approval of 2012-13 beer license owner transfer renewal for Pier 49 to Item 6-M on the Consent Agenda. So, 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: Proclamation A. Meridian Building Safety Month Proclamation De Weerd: Item No. 5 is a proclamation for Meridian Building Safety Month and do we have staff here on this item? If we don't, I'm not going to read it. We will just note it, that it is Meridian Building Safety Month for the month of May and we call upon all citizens to join us in recognizing and participating in this special observation. Item 6: Consent Agenda A. Approve Minutes of April 17, 2012 City Council PreCouncil Meeting B. Approve Minutes of April 17, 2012 City Council Regular Meeting C. Final Order for Approval: TEC 12-005 Arch Rock Subdivision by Mason & Standfield, Inc. Located East Side of N. Linder Road, Approximately 800 Feet South of W. McMillan Road Meridian City Council May 1, 2012 Page 3 of 22 Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat D. Final Order for Approval: TEC 12-006 Ambercreek No. 2 by Trilogy Department, LLC Located Near Southwest Corner of N. Meridian Road and W. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat E. Final Order for Approval: FP 12-003 Paramount No. 18 by Brighton Development, Inc. Located West of N. Meridian Road Between W. Producer Way and N. Fox Run Way Request: Final Plat Consisting of 19 Residential Building Lots and One (1) Common Lot on 5.66 Acres in an R-8 Zoning District F. Final Order for Approval: FP 12-004 Zebulon Heights Subdivision No. 5 by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 39 Building Lots and 3 Common Lots on 14.39 Acres of Land G. Final Order for Approval: TEC 12-003 Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard, West of N. Spurwing Way Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat H. Incident Tracking System Software Agreement with Ada County Sheriff's Office Concurrence of Ada County Highway District's (ACRD) Award to Central Paving, Inc. for ACRD Project No. 310023 "Roadway Construction/Recycled & Potable Water Line Improvements - Ten Mile Road Intersection" and Approval of the City's Cost Share Amount of $86,354.40 J. Approval of Award of Bid and Agreement for "Wastewater Treatment Plant Sludge Handling Bed Improvements - Construction" to Guho Corp. and Authorize the Mayor to Sign and the Clerk to Attest for the Not-To-Exceed Amount of $224,900.00 K. Memorandum of Understanding Regarding Kleiner Memorial Park Meridian City Council May 1, 2012 Page 4 of 22 L. Approval of 2012-2013 Renewal of Beer License for Vina Restaurant Located at 15347 Main Street, Meridian Idaho M. Clerk's Office: Approval of a 2012-2013 Beer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. Moved to Item 6M on the Consent Agenda De Weerd: Okay. Item No. 6 is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to add that Item 6-M, which is from 9-I, the approval of the 2012-13 beer license owner transfer renewal Pier 49, located at 3665 East Overland Road. So, that is added to the Consent Agenda. I'm not aware of anything being removed, so, Mayor, I move approval of the Consent Agenda as amended. Rountree: Second. Hoaglun: And the Clerk to sign and Mayor -- Clerk to attest after the Mayor signs. De Weerd: And second agrees? Rountree: Second agrees. De Weerd: Thank you. Okay. I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Request for Reconsideration of City Council's Decision on MDA 12-001 Sgroi Property by Nunzio Sgroi Located at 4405 E. Ustick Road Request: Amend the Development Agreement to Modify the Conceptual Meridian City Council May 1, 2012 Page 5 of 22 Development Plan to Allow 14 Single- Family Homes and Two (2J Townhomes on 2.81 Acres of Land in an R-8 Zoning District De Weerd: So, we will move to Item 8-A under Action Items. A request for reconsideration regarding MDA 12-001. I will ask for staff comments. Pete. Friedman: Thank you, Madam Mayor, Members of the Council. As you will recall, about two weeks ago the Council considered -- considered a request for a development agreement modification from Mr. Sgroi for his property that's located just to the east of Red Feather. The current development agreement has a stipulation that the property was to be developed with an assisted living facility. In his -- at the end of that -- the conclusion of that meeting it was Council's decision to deny the request and Mr. Sgroi has submitted a letter requesting Council reconsider that decision. In the letter it was not clear, but the property does not require rezone. It currently is zoned R-8 and I know Mr. Sgroi has been in communication with some of the neighbors and they may be working towards a solution. However, at this point, really, the Council's decision tonight -- we are not opening a hearing, it's whether or not to grant Mr. Sgroi's request and set a time for a new hearing to present any information he might have for you or that that decision stands. De Weerd: Thank you, Pete. Council, you have a letter in front of you. Is there any discussion on this request? I seek your direction. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to point out, too, in your -- in the city code we created this request for reconsideration afew years ago and we put some specifics and one of the problems that Pete pointed out is that Mr. Sgroi in his request is simply asking for a rezone, which wasn't the basis of why he was here, nor was it the basis of what the denial was about. It was an application for a development agreement modification and in the -- so, it's up to you to decide, but one of the requirements in our code is that the requester has to indicate that they are going to provide information that was not previously available to them. What the code specifically says is that the relevant -- requesting party has relevant information that was not previously presented. It is in response to something brought up at the previous hearing and the information was not previously available. That's a minimum requirement of what's to reconsider. In reading his request it didn't really cover that. So, it's up to you. I mean you certainly have the power to choose to reset this for a hearing, but the -- I just wanted you to be aware that the request doesn't really comply with the specifics of the ordinance and the basis for the denial isn't related to what he's requesting reconsideration for. The denial was because you didn't want that type of Meridian City Council May 1, 2012 Page 6 of 22 residential zoning in that type of zone that was there, so -- a residential development in that type of zone, so --just wanted you to be aware of that, too. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't feel any particular need to revisit this exact subject. My take on it at the time was that it would be more appropriate to zone this as an R-4 and I would expect that kind of an application and be happy to deal with it. Had it not been specifically designated as an assisted living facility it would have been appropriate for it to be an R-4 at the time, the same as the subdivision next to it. So, I would -- I don't feel inclined to reconsider the decision we made about the modification to the development application. That doesn't mean that I wouldn't consider a whole new application for the appropriate zoning. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Pete. And maybe this is the point you were going to make, but doesn't the development agreement allow for residential development at -- in R-4 density if the facility that was identified is not constructed? Friedman: Madam Mayor, Members of the Council, Councilman Rountree, I'm not certain on the specifics of it, but as -- picking up on Council Member Zaremba's comments, it is possible to entertain, either through reconsideration or another application, particularly what I was thinking of is this unlike some of our other applications. If the denial stands, Mr. Sgroi can submit another development agreement modification, because you don't have a project of similar type, so you don't have the one year limitation on it. He could, in fact -- but via either mechanism, submit a new development plan with new conditions that could, even though the zoning is R-8, ratchet it down to a density level that Council may be comfortable with or some other -- any other conditions that we might recommend attaching to that, without having to go all the way back through P&Z, then, Council, then, back here. But, again, I'll leave that to Council in terms of what decision --what their decision is. But to get to Council Member Rountree's point, it is possible to get there, I believe. De Weerd: Okay. Council, if there is no action on this, this -- Mr. Nary, they don't need to take a particular action if they do not desire reconsideration? Nary: Madam Mayor, Members of the Council, you would have to deny his request Meridian City Council May 1, 2012 Page 7 of 22 De Weerd: Okay. Nary: Because he has made a formal request. And you could deny it or either -- as Council Member Zaremba stated, that you don't -- there is no new information you're seeking based on his application or that the applicant isn't consistent with the ordinance. I mean either one. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny the request based on the inconsistency of the information with our ordinance and suggest that the applicant follow the course of action as described by the planning administrator. Zaremba: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TEC 12-008 Browning Plaza by SLN Planning/Boise Waltman, LLC Located at 505, 521, 615 and 675 W. Waltman Lane Request: Two (2~ Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 8-B is a public hearing on TEC 12-008. I will open the public hearing with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. This is a time extension requested for the Browning Plaza plat. This is the third time extension request, the second request for Council extension. It consists of 40 building lots and two common area lots, located on 38 acres of land, located on the south side of Waltman Lane on approximately a quarter mile west of Meridian Road. Staff is recommending approval of the time extension. We do have five new conditions that we are recommending. One is that they still maintain and meet all the terms of the annexation and development agreement. The second one is that when this was adopted we did have the pathways plan in place, but there has been some changes to it that possibly affect the property, so we are just recommending that it be an additional condition bringing forth any pathways developed as part of this site be consistent with, essentially, the current pathways master plan. And the other three conditions are Public Meridian City Council May 1, 2012 Page 8 of 22 Works conditions to our -- incorporating our new warranty surety requirements and the fifth one has to do with the new standards for Public Works and the provision of street lights. The applicant has reviewed the staff report. They are in agreement with the recommended conditions of approval and are here tonight to testify to that or answer any questions the applicant may have. De Weerd: Thank you, Pete. Council, any questions for staff at this time? Would the applicant like to make comment? Nickel: Madam Mayor, Council Members, for the record Shawn Nickel, 1589 North Estancia Place, Eagle, Idaho. One correction. I believe this is just our second time extension request. Friedman: Second Council time extension. Third overall. We had a director's extension, but -- Nickel: All right. I apologize. I thought this was our first one in front of you. But, yeah, we are in agreement with the conditions of approval that staff has added to the application and I'll just stand for any questions you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: None. Hoaglun: No. De Weerd: Thank you, Shawn. This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Council, if there is no further information needed, I would entertain a motion to close. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 12-008. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say aye. MOTION CARRIED: ALL AYES. Meridian City Council May 1, 2012 Page 9 of 22 Bird: I move we approve TEC 12-008, Browning Plaza and to incorporate staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve. Any discussion from Council? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: AP 12-002 by Joe Palmer Located 1524 N. Meridian Road Request: City Council's Review of the Director's Denial of a Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located in a Retail Store De Weerd: On Item 8-C we have a public hearing, who -- whose applicant has requested it be continue to the 22nd. I will open the public hearing on AP 12-002, application by Joe Palmer regarding the residence at 1524 North Meridian Road. Council, I would need a motion to continue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8-C until May 22nd. Hoaglun: Second. De Weerd: I have a motion and a second to continue this item until May 22nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Second and Third Reading of Ordinance No. 12-1506: First Reading -Outdoor Sales and Temporary Uses Code Update, Increasing Time Limits for Temporary Sales Units and Garage Sales, Adding Standards for Temporary Construction Sites De Weerd: Item 8-D is the second and third reading of Ordinance 12-1506. Madam Clerk, will you, please, read this ordinance by title only. Meridian City Council May 1, 2012 Page 10 of 22 Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1506, an ordinance of the City of Meridian amending Meridian City Code Section 3-4-3C5C, relating to time limitations for temporary sales units. Amending Meridian City Code Section 3-4-3C7E relating to number of signs for outdoor markets. Amending Meridian City Code Section 3-4-3C8B1 relating to frequency of garage sales. Amending Meridian City Code Sections 3-4-3C9 relating to litter at construction sites and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1506. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. If here is no discussion, 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. Planning Department: Discussion of Annexation of Property Located at 4018 W. Ustick Road De Weerd: We are at Item 9-A under department reports. I'll turn this over to Pete. Friedman: Thank you, Madam Mayor, Members of the Council. I sent you a memorandum on this subject, dated April 24th, but what we have before us is that Mrs. Jean Johnson -- Mrs. Jean Johnson, who is the owner of the property, as you can see circled in red, which is just sort of south and west of our treatment plant, effectively, is in violation of the Ada County code, because the property isn't zoned for the operation of an RV storage facility. This has been sort of an ongoing saga since about 2010 and the county has finally given her a last chance to either correct it by obtaining a rezone through Ada County, or annexing to the City of Meridian. The current Title 9 we have with Ada County says that in order for the county to process either a subdivision or a rezone, the property owner must first apply for and be denied annexation to the City of Meridian. We have met with Mrs. Johnson and her family on a couple of occasions over Meridian City Council May 1, 2012 Page 11 of 22 the last two years and city staff is of the opinion that it's not in the city's interest, nor Mrs. Johnson's interest to annex to the city. The cost of hooking up the city services that would be required would be very expensive in order to run sewer to the property. We would also be, essentially, annexing a nonconforming use, even though the zoning that would be consistent with our comp plan would allow that type of use. It's not consistent as far as screening, improvements on Ustick Road and so forth. So, rather than have Mrs. Johnson go through the expense of -- and time of annexing to the city, I have been in discussions with the county and they would support merely a letter signed by an elected official, be it either the Mayor or Council President, stating that it's the Council's inclination not to deny -- or not to annex the property, if that is, in fact, your decision. That would, then, allow Mr. Johnson to move forward with rectifying the situation with Ada County however she chooses to do that, whether it's to rezone the property, come to some agreement on abating the issues there or bring it up to county standards. So, at this point I'm just seeking your direction. If you're inclined to follow that recommendation, Iwould draft a letter up for the appropriate signature and convey that to Ada County. This is one area that I think we will want to revisit later in the year when we renegotiate our Title 9 agreement, because we have a few of these situations where, you know, common sense would dictate it's not in the city's best interest, but why would we make somebody go through the time and the expense of getting to an answer that we already know. So, with that I leave it to you and would be happy to answer any questions. De Weerd: Thank you, Pete. Council, any discussion? Bird: I have none. Rountree: Makes too much sense, Pete. But thank you. I think it's a great idea. Hoaglun: I agree, Madam Mayor, that it works out for everybody to do it this way. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Iwould make a motion that we at this time not have any desire to annex Mrs. Johnson's property and a letter with your signature be forwarded to her. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 1, 2012 Page 12 of 22 MOTION CARRIED: ALL AYES. B. Parks & Recreation Department: New Maintenance Facility Budget Discussion De Weerd: Under 9-B is our Parks Department. I will turn this over to Mr. Siddoway. Siddoway: Good evening, Madam Mayor, Members of the Council. Two weeks ago we were before you with our dilemma. We have received our detailed cost estimate from our construction manager and discovered the specifics on the funding shortfall and, then, we also talked about our programming and our site design. The question was raised at the end of that what shall we do about that and we are here tonight to propose to you a solution to fund the --the shortfall on our current budget. It was also requested that we come back to you with some possible phasing options. So, we have those here for you tonight as well. The first thing I wanted to say -- I'm not going to read this to you, but part of your packet is a letter from our finance director Stacy Kilchenmann. We have been working with the finance department to explore solutions and she has made a recommendation to you tonight, which I will summarize on the next slide. Our total cost estimate came in at 2.6 million. Already budgeted we have 1.5 million. So, the needed budget that we need in order to construct a complete project is 1.1 million. So, the question is how do we fund the needed 1.1 million. So, if you look at the bar chart down below, at the bottom we have 450,000 in the park CIP for next year for this project. The maintenance facility. And that's from existing fund balance that is in the bank today. We also have in the CIP for next year an additional installment to the field house fund of 600,000 dollars. We are proposing that we remove that from the CIP and use those funds instead for this project. Finally, last week Mike Barton was before you and talking about a potential use of funds in our existing 2012 budget for 8th Street Park and we received some direction there that that might be a good source here. So, the balance of the 50,000 that's needed to make up 1.1 million would come from our existing FY-12 budget transferred from 8th Street Park. If funded in that way it would allow us to do our site plan option one, which is our proposal to you tonight. Basically, it would fund all the improvements that were discussed and presented to you two weeks ago. If the inclination is to fund something less than that, then, we looked at what could be done to eliminate some of the structure. So, if we take -- I'm going to go back and forth. You see those two -- the one on the northeast and the one on the northwest, go away in the option and the cost there drops from 2.6 to 2.3 million if we get rid of our storage building and our western most vehicle storage that is on that side. If we get rid of the -- the middle vehicle storage bays, chemical storage and wash bay, then, that drops it to two million fifty thousand. Here is a summary that's part of your packet that shows each of those options and the construction estimate for each of those. We would like to fund the full 2.6 million for the entire project as outlined and with the solution as recommended by Stacy. With that I will pause and ask if you have any questions on the budget proposal. I also have with me a great team tonight, if you have any questions about the cost estimates themselves. Mike Berrard is here, questions on the design. Steve Pavlich from Insight Architects is here and if you have questions about any of the Meridian City Council May 1, 2012 Page 13 of 22 programming that was presented to you previously, our project manager Mike Barton is here as well. And with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just -- I guess a comment. The options for reducing the immediate cost don't necessarily reduce the overall cost to me, because what you're suggesting is that we not build things that would protect our already existing investment in equipment and -- vehicles and equipment and the three things that you would take out of the phase one are really for the protection of things that we have already invested in and my inclination would be to say if we can cover the whole 2.6 million we should build all those things at once and be -- be protecting and able to service our equipment. So, one man's opinion. De Weerd: And I might add, too, if you take them out now when we add them back they will cost more than what we are taking out now. Hoaglun: And, Madam Mayor, along the same vein, I was thinking when I saw that I'm going, yeah, but we are losing the funding for the field house, but, then, in thinking about that we are going to have to divert funding if we don't build it now. We put 600 -- well, we are going to have to divert some of that to eventually purchase -- to build to protect our assets and, you're right, it does cost more, so -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: To that point we have not taken into consideration in the field house account the fact that this project provided the dirt for that field house, which, in effect, offsets that 600,000 dollars CIP funding for next year. That's not in the accounting system at all, so -- seems to me like it balances out. Siddoway: I believe it very well may, Madam Mayor, and what we would propose -- we still have additional funding in future years for the field house fund in the CIP that is still there. We would propose that we use some of the existing funding toward the field house that has already been allocated and budgeted by Council to allow us to move forward with design and construction documents. We have some detailed design -- or construction costs on that to know if the CIP is right in advance for that project. De Weerd: Thank you, Steve. Any further questions for Steve or his team? Bird: Madam Mayor? Meridian City Council May 1, 2012 Page 14 of 22 De Weerd: Mr. Bird. Bird: I would have one comment. From what I'm hearing here, Steve, I think you need to get a budget amendment brought forward. Siddoway: Yes. Bird: And let's get on it and twist Mr. Berrard's arm and let's get ten or 15 percent out of that cost. Siddoway: We will do our best. And we will draft up the budget amendment. Tomorrow, Keith, I believe that we have a meeting tomorrow and I will have it ready for your signature so we can get it on for Council next week. Bird: Was 2:00 o'clock our meeting? Siddoway: 2:00 o'clock. Bird: I have got labor negotiations. Siddoway: Okay. We can -- we can reschedule. But we will get it done. Bird: Okay, Steve. De Weerd: I guess, Steve, I did have a question regarding the site plan and rail corridor. If there would be any kind of landscape buffer needed along the back -- the most northern part. Pete, do you -- yes? No? Friedman: Madam Mayor, Members of the Council, when we were working with the design team on this we went through the UDC line by line and because it does abut another industrial area there would be no landscaping or buffering required. De Weerd: Okay. Wanted to make sure what we asked of others was true in this case as well. Friedman: That is our mantra these days. De Weerd: Yes. Thank you. Okay. Anything further from Council? Okay. Siddoway: Thank you. I will get that worked up, signed, and bring it back to you on Consent Agenda or would you like another presentation? De Weerd: Well, all budget amendments require -- Meridian City Council May 1, 2012 Page 15 of 22 Siddoway: A presentation. De Weerd: -- a presentation. It can be very short. Siddoway: We will do so. Thanks. De Weerd: Item 9-C. Council, this was continued from budget amendment in front of you and this year's State know when we set our budget each summer what we This year we raised over 22,000 dollars. 22,620. Whicl last week. You did --did have a of the City address -- we never might bring in in sponsorships. ~ allowed a difference from what we estimated of 7,800. Our actual expenses were 12,000 -- about 12.8 and the difference is a little bit around 9,800. We do have committed to various projects the Meridian Way, student art, and scholarships that leave a balance of 4,900. That is unallocated, but once those funds are marked we will bring those back to you. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of the budget amendment for the State of the City for a not to exceed amount of 7,870 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve the budget amendment. 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. C. Continued from April 24, 2012: Mayor's Office: Budget Amendment for State of the City for aNot-to-Exceed Amount of $7,870.00 D. Police Department: Budget Amendment for Reimbursement of Internet Crimes Against Children (ICAC)Task Force Training Funds and Software for aNot-to-Exceed Amount of $1,983.02 E. Police Department: Budget Amendment for Reimbursement of Monies for "Force Science" Training for aNot-to-Exceed Amount of $12,755.99 Meridian City Council May 1, 2012 Page 16 of 22 F. Police Department: Budget Amendment Donation for National Organization for Youth Safety (NOYS) Event for aNot-to-Exceed Amount of $500.00 G. Police Department: Budget Amendment for Ada City-County Emergency Management (ACCEM) Funding for Volunteer Computer Equipment for aNot-to-Exceed Amount of $3,635.00 De Weerd: Under 9-D is our Police Department. Actually, the next several. I will ask Lieutenant Overton to present Items 9-D, E, F, and G and we will take them each individually, but I will turn this over to you. Overton: Good evening, Madam Mayor, Members of Council. Starting off with the first one, Item D, this is a budget amendment -- all four of these are for funds we already have. I'm not asking for any additional funds. This first one is through our investigative division. This is to ask for money that's been refunded to us through the Attorney General's Office for training and equipment for two of our detectives to go through the ICAC, the Internet Crimes Against Children Task Force training and the software they have gotten, to have those monies that have been brought back -- credited back into both our training account and into our software account, so we can do additional purchases of equipment and training for our detectives. I'd stand for any questions on that one. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for Item 9-D, in an amount not to exceed $1,983.02. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council May 1, 2012 Page 17 of 22 Overton: Madam Mayor, Members of the Council, the next one Item E. This is -- again, is a force science training that we sponsored as a department in November of 2011. It was well attended by officers from across the valley, including all agencies in the valley. We charged -- we paid all the up front costs, hotel costs, instructor costs, travel costs, and, then, charged each officer coming from other agencies 295 dollars to attend. When all totaled, working with the Finance Department, we brought back in $12,755.99. All of the original funding we used to reload this training class coming in came out of our training budget and this request is simply to take that money and put it back into that training budget, so we can reuse it for other costs we have going through the rest of this fiscal year. And I'd stand for any questions. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment 9-E in the amount of $12,755.99. Zaremba: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Overton: Madam Mayor, Members of Council, our next item is Item F. This is a -- we are kind of excited to bring this one forward. This has come together real quickly. This is a check we received from what's called NOYS, only it's spelled a little bit differently. It's N-O-Y-S. It's the National Organization for Youth Safety. Sergeant John Gonzales with out Police Department who currently runs our traffic division, has put together this program in which on May 8th over the lunch hour we will have most of our SROs and all of our traffic officers and other members of our department at Mountain View High School for this NOYS event. This is to celebrate safe driving with the students at Mountain View High School. It is in reaction to the very serious and fatal car crash that we had there several months ago with students from Mountain View High School. The 500 dollars is there for promotional information, as well as -- we are talking teenagers -- pizza -- to get them to all show up to the event. So, it's the first time we have ever done it. I understand that the Mayor has attended one of their events or gone to some information back in Washington D.C. that they put on. It looks like a very good Meridian City Council May 1, 2012 Page 18 of 22 opportunity for us to reach out to the youth of our community as well and get all of them to sign a proclamation and agreement that they will commit to driving safe during the summer. I'd stand for any questions. De Weerd: Thank you, lieutenant. I think that this is something that the school is really looking forward to as well. And I will commend the police department. They have been doing a lot of outreach to our teens in keeping them safe in terms of Alive At 25 -- my daughter attended the one on -- on Saturday right before prom and had really good reviews of it. And I have heard a lot of good feedback on it. Also in relationship to NOYS, we did send four of our teens back to D.C. last fall and on May 11th they will be doing their youth summit as part of the grant that -- that brought them back to D.C. to look at distractive driving, bullying and underage drinking. And they are going to be doing that at Wahooz and I certainly would encourage you, if you have time -- it is a day long summit, but we are bringing leaders from throughout the school district to -- to look at this and, then, asking them to bring it back to their circles of influence. Wahooz is making the education and Luke in my office has been spending a lot of time with Sergeant Gonzales on this, but in tying some of the activities at Wahooz with it. So, of course, distractive driving, they will be doing the bumper cars with texting while they drive. With the bullying we will be -- in the laser tag with uneven teams where, you know, the bigger team will gang up on the smaller team in their laser tag and the underage drinking we will be using the goggles and either bowling -- bowling -- not bullying -- bowling or doing miniature golf. So, they are really trying to engage them at a whole different level and some of these grants through NOYS -- and when I'm in D.C. at the end of May I will be meeting with them and they are very excited about what our community is doing. So, big kudos to the Police Department and -- and what they are doing with our young adults. Overton: Mayor, I will pass that along. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for Item 9-F for an amount not to exceed 500 dollars. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 1, 2012 Page 19 of 22 MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would you say again -- what's the date of the Wahooz event? De Weerd: It's on May 11th. Zaremba: Okay. Thank you. De Weerd: Thank you. Overton: Madam Mayor, Members of the Council, the last one I have tonight is Item G. It is a budget request. This is as close as I get to asking for money, but it's on a very temporary basis. This is 3,635 dollars. This is a grant that we get -- we are having to do it a little differently. This is through ACCEM. It's through Ada County. It's their citizen core grant. We have been using these funds for the last several years. Their normal process that we use these funds is we tell them what we want, we purchase it, they pay for it. Because we are looking at getting IT equipment, computer and rotary scanner, that throws a little bit of a kink into how they can do the repayment. They are requiring us to purchase it, give them the information, and they will reimburse us. So, we slowed down, went back to IT, got confirmation on delivery on all the items here through the IT department for -- and this is a volunteer computer and that's how we are getting the funding given to us. This sets up a volunteer station. We already have hardwired ready to go in our records division for a volunteer to come in to operate our computer and our high speed rotary scanners to help us put information into our records management system. And, then, once we have this in it will all be repaid back to us within about 30 to 60 days through this citizens core grant. I'd stand for any questions on that as well. De Weerd: Thank you. Any questions? Rountree: I have none. Bird: I have none. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve budget amendment for Item 9-G in the amount not to exceed 3,635 dollars. Meridian City Council May 1, 2012 Page 20 of 22 Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Human Resources Department: Budget Amendment for FY2012 Funding of the Youth-Work-Life Skills Program for the Not-to-Exceed Amount of $22,200.00 De Weerd: Next item is under our Human Resources Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We have a budget amendment on here for funding of the Youth Work Life Skills program. This funding -- this program we had last summer was very successful in hiring teenagers in our community to work in our various departments. This would allow us to run the program for the entire summer now, so June through the end of September with this budget amendment. The funds for this were all salary savings in my department, so this is funds that were -- are not going to get used out of our salary budget and we did put in an enhancement for your consideration in the FY-13 budget to make the program permanent. But this is the direction we had sought last year when we funded it last year was that if it was successful we'd come back for one more amendment and, then, an enhancement for future years. I'd stand for any questions. De Weerd: Thank you, Mr. Nary. Any questions for our HR director? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Having heard how successful this was last year, is that enough money? Should we be doing this even more? Nary: Madam Mayor, Members of the Council, Council Member Zaremba. We -- I mean we try to keep it pretty tight. I mean if it -- we ran around 5,000 dollars a month for the 16 kids for the number of hours. So, that was the estimate we used. So, at this point I don't know that we will fill it up. I don't know if we will have more success. If we do we will certainly come back. But I mean at this point I think it's at least fair to get us off the ground and going and I wanted to get it out to the departments sooner than last year, we sort of had to rush it, so I think we should be fine. Meridian City Council May 1, 2012 Page 21 of 22 Zaremba: Okay. Thank you. De Weerd: Do you have a pot of money that you'd like to dedicate? Zaremba: No, but Ijust -- most of the department people that I have talked to said they appreciated the program and -- and would do more of it if they could. So, I just -- Rountree: They like to work on Bill's money. Nary: Yes, they do. That's okay. De Weerd: What Bill was able to find. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-H, budget amendment for the youth program in amount of 22,000 dollars -- 22,200 dollars. Hoaglun: Second. De Weerd: I have a motion and a second. Any 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. Clerk's Office: Approval of a 2012-2013 Beer License Owner Transfer and Renewal for Pier 49 Located at 3665 E. Overland Rd. Moved to Item 6M on the Consent Agenda De Weerd: Item I was moved to the Consent Agenda. Item 10: Future Meeting Topics De Weerd: We are at Item 10, Future Meeting Topics. Council, are there any items to consider for future agendas? Rountree: Can't think of any. De Weerd: I would remind you that upstairs we do have youth art on display. They had a reception this afternoon, which was well attended. Most of our young artists were there with their families and it was really nice. So, it is a good display. It's something Meridian City Council May 1, 2012 Page 22 of 22 that the art teachers as well -- or those that hel in the schools ' . p with their art programs are excited about seeing in years to come. So, this is somethin that M g egan Murphy put together. She is our youth representative on the Arts Commi ' ssion. She was challenged to pull this together. It's like I told Me an toni ht s ' .. g g he did all the heavy lifting. She got things started and blazed a trail that others I thi ' nk will follow on a lot easier path. But with. that I would entertain a motion to ad'ourn. 1 Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All a es. Y MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) J~ / /(o / ~O/Z ~ MAYOR TA DE WEERD DATE APPROVED ATTEST: YCE~ JI-IOLMAN, CITY CLERK o,~,,~t~o a UG~'sr o~ ', :~ 9~ .1 ~~ ~ E ~IAN~ IDAMC w ~n ~~ ~ °~~~~ ra~~s~~