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HomeMy WebLinkAbout2014-09-02E IDIAN-- -1 CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 02, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird O Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-5) A. Approve Minutes of July 8, 2014 City Council Budget Workshop Meeting B. Approve Minutes of August 19, 2014 City Council PreCouncil Meeting C. Approve Minutes of August 19, 2014 City Council Meeting D. Approve Minutes of August 26, 2014 City Council Meeting E. Recreational Pathway Easement Between Solterra Subdivision No. 1 and the City of Meridian F. Final Order for Approval: FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District G. Final Order for Approval: FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re -Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 1 of 5 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. Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District Findings of Fact, Conclusions of Law for Approval: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District J. Findings of Fact, Conclusions of Law for Approval: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 1/4 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District L. Findings of Fact, Conclusions of Law for Approval: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site AND Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision M. Master License Agreement with Ada County Highway District for Public Artwork in the City of Meridian N. Professional Services Agreement with parents of Kory Kay Ramsay for Artwork for Traffic Box Community Art Project O. Approval of construction agreement for the "Access Control for the Public Safety Training Center and Police Department Addition" project to Clima- Tech Corporation for the Not -To -Exceed amount of $98,096.00. Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 2 of 5 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. P. Award of Bid and Agreement to Alta Construction for the "WWTP Paving and Grading Project and Storm Water Improvements" for the Not -To - Exceed amount of $357,129.55 Q. Recreational Pathway Easement Between Madison Meridian, LLC and the City of Meridian R. Purchase 9 Acres for Ground Water Storage Tank #4 for a Cost of $243,750.00 S. Approval of Purchase of Hewlett Packard replacement Laptops and Desktops for Fiscal Year 2015 for the Not to Exceed Amount of $111,086.22. T. Resolution No. 14-1006: A Resolution (VAC 14-005 Wyndstone Place Subdivision) Vacating the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements and a 5 -foot wide private open space easement located on the shared lot line between Lots 1 and 2, Block 1 of Wyndstone Place Subdivision. U. Amended onto Agenda at Beginning of Meeting: Approval of Award of Bid and Agreement for WWTP Maintenance Facility — Construction Bid Package 1, Demotion, to Barrett Site and Underground, LLC for a Not -to -Exceed Amount of $15,000. (This award is the result of the Formal IFB issued by Beniton Construction and opened August 5t" — Four bids were received for this bid package) 6. Items Moved From Consent Agenda None (Pg 5) 7. Action Items A. Public Hearing: Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc. and authorizing the City of Meridian Utility Billing Department to Collect such Rates (Pg 5-6) B. Resolution No. 14-1007: A Resolution Adopting the Annual Rate Adjustment for Solid Waste Collection Services by Republic Services, Inc; authorizing the City of Meridian Utility Billing Department to Collect Such Rates and Providing an Effective Date Approved (Pg 6-7) C. Public Hearing for Public Works Proposed Utility Rates Increase Continued to September 9, 2014 (Pg 7-11) D. Public Hearing Continued from August 19, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 3 of 5 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. in Ada County to the R-15 (Medium High -Density Residential) Zoning District Approved (Pg 11-18) E. Public Hearing Continued from August 19, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Approved (Pg 11-18) F. Public Hearing Continued from August 19, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Approved (Pg 11-18) G. FP 14-037 Reflection Ridge Subdivision No. 4 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Five (5) Common Lots on 13.9 Acres of Land in the R-8 Zoning District Approved (Pg 18-19) H. Public Hearing: RZ 14-005 Southridge Commercial by DBTV Southridge Farm, LLC Located Southwest Corner of S. Linder Road and W. Overland Road Request: Rezone of 7.41 +/- Acres from the TN -C to the C -C Zoning District Continued to September 16, 2014 (Pg 19-20) Public Hearing: CPAT 14-001 Existing Conditions Report Update (2014) by City of Meridian Planning Division Request: Amend the Existing Conditions Report, an Addendum to the Comprehensive Plan, for the Purpose of Revising the Text, Updating all Facts and Figures and Reformatting the Report Approved (Pg 20-22) J. Public Hearing: CPAT 14-002 Downtown Master Street Plan by City of Meridian Planning Division Request: Adopt by Reference the Downtown Meridian Street Cross -Section Master Plan into the Comprehensive Plan Approved (Pg 22-26) 8. Department Reports A. Mayor's Office: Resolution No. 14-1008: A Resolution re -appointing William Fitzgerald as Youth Member to the Parks and Recreation Commission Approved (Pg 26-28) Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 4 of 5 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. B. Mayor's Office: Resolution No. 14-1009: A Resolution Re -Appointing Joely Walters as the Youth Member to the Historic Preservation Commission Approved (Pg 26-28) C. Mayor's Office: Resolution No. 14-1010: A Resolution re -appointing Ashlyn Morlock as Youth Member to the Solid Waste Advisory Commission Approved (Pg 26-28) 9. Ordinances A. Ordinance No. 14-1623: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones (Pg 28) 10. Future Meeting Topics None (Pg 29) 11. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 7:10 p.m. Out of Executive Session at 8:35 p.m. Adjourned at 8:35 p.m. (Pg 29-30) Meridian City Council Meeting Agenda — Tuesday, September 02, 2014 Page 5 of 5 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 September 2, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 2, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Joe Borton, Charlie Rountree, and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Tom Barry, Kyle Radek, Jamie Leslie, Mark Niemeyer, and Dean Willis. Item 1: Roll -call Attendance: X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird x Genesis Milam X Lucas Cavener X Mayor Tammy de Weerd De Weerd: Thank you all for being here with us this evening. We appreciate you being here. For the record it is Tuesday, September 2nd. It's a few minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our Community invocation. Tonight we will be led by Pastor Trey Drake. He is with Calvary Chapel. 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, pastor. Drake: You're welcome, Mayor. Council Members. Let's pray. Lord God in Heaven, thank you that we live in a nation where we have the freedom to work where we want to and govern ourselves and worship you openly and freely. Just appreciate that. And we appreciate this city. Lord, we pray that you would protect the citizens of Meridian, God, all the people in their homes tonight and where ever they are at I would pray that you would be over all things here, as I know that you are and we would prosper here. God, we are praying for peace in our community, those who help to keep the peace, God, we are praying for those -- those servants that do that and that you would guide and lead them, Meridian City Council September 2, 2014 Page 2 of 30 give them wisdom. Lord, we are also last now we are praying for these men and women here who we have elected to make these decisions. We pray that you would give them wisdom. I believe like your word says that you have put them in this place and, God, we trust that you will urge them to make good decisions and how they spend money and the laws that they make and so forth and so, God, we pray that you would be over all these things and we just pray that you bless them, God, as they have given this part of their life over to -- to, you know, serve the citizens here in Meridian and so protect this community, Lord, and just be over this time in this meeting tonight. And we worship you God, in Jesus name we pray, amen. De Weerd: Thank you for kicking us off. Drake: You're welcome. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A few additions to the agenda. On Item 5-T, the resolution number is 14-1006. Item 5-U is to amend the agenda for an approval of award of a bid for WWTP maintenance facility, construction bid package number one in an amount not to exceed 15,000 dollars. Item 7-13, the resolution number is 14-1007. Item 7-H the applicant has requested that to be continued until the 16th. Item 8-A the resolution number is 14-1008. 8-13, the resolution number is 14-1009. 8-C the resolution number is 14-1010. And Item 9-A, the ordinance number is 14-1623. And with those additions and corrections, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All these in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of July 8, 2014 City Council Budget Workshop Meeting B. Approve Minutes of August 19, 2014 City Council PreCouncil Meeting C. Approve Minutes of August 19, 2014 City Council Meeting Meridian City Council September 2, 2014 Page 3 of 30 D. Approve Minutes of August 26, 2014 City Council Meeting E. Recreational Pathway Easement Between Solterra Subdivision No. 1 and the City of Meridian F. Final Order for Approval: FP 14-035 Isola Creek No. 2 by Isola Creek, LLC Located East of N. Ten Mile Road and North of W. Ustick Road Request: Final Plat Approval Consisting of Fifty (50) Single -Family , Residential Building Lots and Four (4) Common Lots on Approximately 16.17 Acres of Land in an R-4 Zoning District G. Final Order for Approval: FP 14-036 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard Between Ten Mile Road and Black Cat Road (Re -Subdivision of Lot 1, Block 1, Jayker Subdivision Phase 1) Request: Final Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in the R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District Findings of Fact, Conclusions of Law for Approval: CUP 14-003 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Request: Conditional Use Permit Approval for a Public Education Institution in an R-4 Zoning District J. Findings of Fact, Conclusions of Law for Approval: PP 14-012 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road, Approximately 114 Mile North of E. McMillan Road Request: Preliminary Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Four (4) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 14-011 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Preliminary Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.34 Acres in the C -C Zoning District L. Findings of Fact, Conclusions of Law for Approval: MDA 14-008 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Terminate the Three (3)Development Agreements Governing the Site Meridian City Council September 2, 2014 Page 4 of 30 and Enter into a new DA for the Purpose of Attaching a new Concept Plan and new Provisions Relevant to the Proposed Chinden and Linder Crossing Subdivision M. Master License Agreement with Ada County Highway District for Public Artwork in the City of Meridian N. Professional Services Agreement with parents of Kory Kay Ramsay for Artwork for Traffic Box Community Art Project O. Approval of construction agreement for the "Access Control for the Public Safety Training Center and Police Department Addition" project to Clima-Tech Corporation for the Not -To -Exceed amount of $98,096.00. P. Award of Bid and Agreement to Alta Construction for the "WWTP Paving and Grading Project and Storm Water Improvements" for the Not -To -Exceed amount of $357,129.55 Q. Recreational Pathway Easement Between Madison Meridian, LLC and the City of Meridian R. Purchase 9 Acres for Ground Water Storage Tank #4 for a Cost of $243,750.00 S. Approval of Purchase of Hewlett Packard replacement Laptops and Desktops for Fiscal Year 2015 for the Not to Exceed Amount of $111,086.22. T. Resolution No. 14-1006: A Resolution (VAC 14-005 Wyndstone Place Subdivision) Vacating the two (2) 5 -foot wide public utility, drainage, and irrigation (PUDI) easements and a 5 -foot wide private open space easement located on the shared lot line between Lots 1 and 2, Block 1 of Wyndstone Place Subdivision. U. Amended onto Agenda at Beginning of Meeting: Approval of Award of Bid and Agreement for WWTP Maintenance Facility — Construction Bid Package 1, Demotion, to Barrett Site and Underground, LLC for a Not - to -Exceed Amount of $15,000. (This award is the result of the Formal IFB issued by Beniton Construction and opened August 5th — Four bids were received for this bid package) De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? I move that we approve the Consent Agenda as previously amended and authorize the Clerk to attest and the Mayor to sign. Meridian City Council September 2, 2014 Page 5 of 30 Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Again, I would just state that Item 7-H the applicant has requested this to continue. Is there anyone in the audience that is here for this item? Okay. Item 6: Items Moved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: Annual Rate Adjustment for the Solid Waste Collection Services by Republic Services, Inc. and authorizing the City of Meridian Utility Billing Department to Collect such Rates De Weerd: So, we will move into Item 7-A under public hearing. I will turn this over to Mr. -- Rachele. Mister. Klein: Thank you, Madam Mayor and Council. I'm Rachele Klein with Republic Services and we are before you today requesting an annual CPI increase. According to Section 21 of the contract it can adjust -- the rates can adjust annually up to 90 percent of the CPI agreed upon by both the city and the contractor and this year that -- that CPI turns out to be 2.08 percent, which is -- translates in to a 25 cent per household per month increase and we did the public hearing -- the public hearing tonight as a result of us requesting some new rates and those rates are hopefully going to benefit the residents here in Meridian and we have asked for a specific rate for a clean rock and sheetrock and we have the ability to use those as backfill and so we can drop the price on what -- what we charge customers on those two materials if the rates are approved. So, we will have a separate lower rate for those. And also we were able to go back and reviewing the rates find that the small -- the mini roll offs that we have that are six to ten yard individual boxes that we can deliver to people's homes -- we have what's called a dry run rate where if we get to somebody's house and the container is blocked or it isn't full yet or things like that, and we return back to the yard without hauling it, there is a dry run fee and historically the dry run fee has been the same for the large industrial boxes and the small mini boxes, but Meridian City Council September 2, 2014 Page 6 of 30 in analyzing our costs it's less for us to haul the mini roll -offs, so we just are asking for a new rate, which reflects the actual cost of servicing those small -- a dry run on the small boxes. And with that I'm available to answer any questions. De Weerd: Thank you. Council, any questions for Rachele? Rountree: I have none right now. De Weerd: Okay. Thank you. Klein: All right. Thank you. De Weerd: This is a public hearing. Is there anyone that would like offer testimony on this item? Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no interest in testifying, I move that we close the public hearing on Item Item 7-A. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on 7-A. I guess I will leave it up to Dean to figure who provided that second, Mr. Bird or Mr. Zaremba. Bird: Zaremba. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Resolution No. 14-1007: A Resolution Adopting the Annual Rate Adjustment for Solid Waste Collection Services by Republic Services, Inc; authorizing the City of Meridian Utility Billing Department to Collect Such Rates and Providing an Effective Date De Weerd: Item 7-B is resolution 14-1007. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-B, resolution 14-1007. Meridian City Council September 2, 2014 Page 7 of 30 Borton: Second. De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from Council? Okay. Madam Clerk, will you call roll. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Public Works Proposed Utility Rates Increase De Weerd: Item 7-C is a public hearing under our Public Works Department. I will turn this over to Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. I have presented several times on this issue in the past. I will be brief. This is mostly just for the viewing public and their benefit, since it is a public hearing. As you know we are challenged in the wastewater utility in particular due in large part to some environmental regulation changes that are coming and soon to be here. The lower Boise River has got phosphorus issues and concerns on it, which has created the need for both the Environmental Protection Agency and the Department of Environmental Quality to work collaboratively on upgrading regulations for limiting phosphorus and other contaminants to the Boise River. These stringent limits are going to come in the form of NPDES or National Pollutant Discharge Elimination System permit requirements issued by the EPA. We have already had a pre - draft issue to the City of Meridian. The final draft will be coming here in the next month or so. We expect -- this draft indicates that the Public Works Department will be facing about a 170 million dollar challenge over the next ten years to bring our facilities up to the new treatment requirements that are being instituted by the EPA in the amount of about 154 million in capital upgrades and about 16 million over ten years in personnel, operations, and maintenance. We presented this funding for us to use several times. Essentially, the plan is to utilize existing capital projects that have been earmarked in financing over the ten years of 73.5 million, utilized some undesignated ending fund balance of 24.7, rely on some growth in the both accounts and assessment for a total of about 30.4 million, do some fee leveling, which I have talked to you about. It's not really for discussion this evening. The real focus of tonight is these -- are these two areas of the pie that I have indicated in the orange or gold that is an EPA compliance fee that we are proposing be instituted at $3.75 and, then, also a two percent inflationary rate increase for both the water usage, as well as the water base rates, as well as the sewer usage and sewer base rates. This is what that looked like. Essentially, our proposal is to increase one time a two percent inflationary increase of water and wastewater base in usage rates. This will be, essentially, about an 11 cent increase from 5.38 to 5.49 in water base right. It will also equate to about a four percent -- or, excuse me, a four cent increase from $1.86 to $1.90 per 1,000 gallons for the water usage rate. We are also proposing on the sewer side that we increase the monthly wastewater base fee by two percent, which would be a 17 cent increase from $8.48 to $8.65 and increase the wastewater usage fee by two percent, Meridian City Council September 2, 2014 Page 8 of 30 which would equate to an 11 cent increase from $5.32 to $5.54 per 1,000 gallons of usage. In addition to that on the wastewater side, because of these stringent environmental regulations and the need to infuse cash into -- our capital to keep up with these demands, we are proposing that we add an additional $3.75 monthly EPA compliance fee to the wastewater base rate, which we intend to have sunset in an approximately ten year period. We have done a number of communication outreach touch points on these rates. For example, we sent out 30,000 fliers or more, which were distributed to every household in the City of Meridian who receives a water or sewer bill. We had seven articles in total that were written over the last year or on this particular issue and in particular most of those articles in the last couple of months leading up to this public hearing. We had several Council presentations, two association meetings, several more coming as well and we dedicated a couple of website pages also for educational touch points on this issue. The result of this is that we had 132 unique website hits. That means that, according to the IT Department, we had 132 different IP addresses actually hit the websites that we developed specifically for the rate response. We had one telephone call, we had one e-mail response. We had zero social media responses, zero blog comments and zero letters that we received. So, that is it for the presentation. I ask that you consider this and that you continue, if you so desire, this hearing to next week. That would allow us to be compliant with our noticing, our ordinance, and, then, we can pick up on any action that you should choose at that point in time. So, that's all I have for my presentation. Stand for any questions you might have. De Weerd: Thank you, Mr. Barry. Council, any questions? Bird: I have none at this time. I will wait until next week. Barry: Thank you. De Weerd: Thank you. This is a public hearing. Is there any member of our public who would like to offer testimony on this item? Good evening. Couch: I imagine you need a name and address for the record? De Weerd: I would appreciate your name and address for the record. Couch: Okay. Tom Couch. 2795 North Ralstin Way. De Weerd: Thank you. Couch: Meridian '46. 1 appreciate the gentleman's information, because this is what I got. If he sent out the survey I will defer that he did send it out. I didn't see it. This is the first time I heard about it. And I just had a couple questions. It's seems like -- I would take it that the example they put here, approximately the five dollar increase, that's supposed to be an average household -- De Weerd: Yes, sir. Meridian City Council September 2, 2014 Page 9 of 30 Couch: -- that this is based off of. So, we are doing 75 percent of the increase on a fixed basis and 25 percent based on usage. Because you have 3.75 over five dollars, roughly. Bird: Yep. Couch: So, my question is when you compute this out it works out that over ten years 450 dollars. Okay? You're going to raise 45 million is what you're attempting to raise. How did you come up with this split? Because so much of literature in other areas of my bill is based off of more garbage, more water, you pay more. Only 25 percent of this increase is based on usage. Seventy-five percent -- if I spend six months in another home and I use no water or next to no water, I'm still paying 75 percent of your average increase. So, what was your logic going into this? Because all our other utilities with the city are really based on how much you use. This one, 75 percent, is based on just tapping in. And the other issue I have with it -- 75 percent of it being fixed, what did they factor into this for new homes? I'm looking at your Consent Agenda, we are back in the business now of doing plats and homes are coming in, is there an impact fee that you need to be doing here? Because people down the road six, eight years who come in here, we have been funding this for six, eight, nine, ten years -- the folks who come later, they are not paying their full share. You have pretty much established the 3.75, 450, is what my house is going to pay over ten years. And the other one I had -- and I'm not sure the gentleman can address this and it may be outside the bounds -- 46 projects -- can he show us that the 46 projects are all mandated by EPA or DEQ or is this thing padded with some other things that the city just basically thought would be a good thing to put in here under the guise of the EPA requirements? I don't know how -- if he can address that, but that was my concerns reading this. De Weerd: Thank you. Couch: Thank you. De Weerd: You had a couple of questions in there and I will ask staff to address them after we take the public testimony. Other testimony? Okay. Tom, could you take some of those questions and -- Barry: Thank you, Madam Mayor. Mr. Couch, thank you very much for coming this evening and I appreciate your questions. Hopefully I can address them adequately for you. I wrote three down that I caught in your testimony. The first one related to the percentage of the increase associated with fixed versus usage and that was intentional. It might not feel good, but the reality is that these regulations that are coming to us in the form of the NPDES that's being updated currently, it does have a fixed cost. There is no way that we could pay for the 46 projects, which I will address here in just a moment also with another question that you had. There is no way that we could address financing those 46 projects on a variable cost structure, not knowing how much revenue that the department is actually going to be able to -- to raise and, therefore, we have -- under a no compliant situation here with the Environmental Protection Agency, we not allowed to Meridian City Council September 2, 2014 Page 10 of 30 operate outside the confines of the permit limits. If we do we are subject to fines of up to 37,500 dollars per day per occurrence, which is a cost that we would want to avoid certainly. So, the raising of this money in the form of an EPA compliance fee on the base of the sewer charge is to insure that we do have a fixed revenue stream coming in to cover that fixed cost that's going to be coming in the form other than NPDES new requirements -- treatment requirement. So, that was intentional. You did ask a very insightful question about homes -- new homes paying their fair share or otherwise. There is a hearing that will be occurring we hope here on the 23rd of this month where we are proposing an increase to the connection charge for the sewer component of the hookup or assessment and so we do feel that we are appropriately trying to balance the growth component that's related to these improvements, as well as the treatment component that's related to the improvements. So, we will be proposing a pretty sizable increase to the sewer connection charge, that is the assessment or hookup charge here on the 23rd and we are set to have meetings with the BCA, Southern Idaho -- our Southwest BCA, as well as some prominent developers. We already met with BOMA a couple times now, so -- De Weerd: You might explain the acronyms Barry: BOMA is the Building Owners and -- Bird: Management. Barry: -- Management Association. It's a national firm, but there is a southwest -- or an Idaho section. We met with them and BCA is the Builder and Contractors Association. So, we are trying to reach out to stakeholders there as well. I have a meeting next Monday with prominent developers of the City of Meridian, to be followed on the 9th of September with our BCA meeting to -- for that membership. We are also sending out a hundred letters to prominent developers in the community advising them of this increase for the sewer connection charge. So, I do think that we have that covered. And, then, lastly you asked for an assurance -- the 46 projects that we have identified, if they are all related to EPA requirements -- and I can say that a component, if not all of those projects -- components of each of those projects, if not all of those projects, are related to the Environment Protection Agency requirements. There are some -- quite a bit of growth related costs that are included in those projects. For example, let's just say -- well, we have this as an example there of a project that we have slated for improving wastewater treatment also adds capacity to the treatment plant at the same time. There is a proportionate share of cost coming from water quality improvements or treatment that's also coming from capacity or growth. That means the development community requiring that capacity. So, at least a component -- sizable component, if not all of the project, is related to the -- are related to the EPA mandate. So, hopefully, I have addressed that as well. I don't know if there are any other questions or clarifications that the Mayor or Council have or maybe Mr. Couch for that matter. De Weerd: Well, this will continue until next week, which we will get an opportunity for any follow-up questions. Council, anything for Mr. Barry at this point? Meridian City Council September 2, 2014 Page 11 of 30 Bird: I have none at this point. De Weerd: Okay. Barry: Thank you. De Weerd: Thank you. And, Mr. Couch, I would encourage you, if you have additional questions -- okay. thank you. And if this there are additional follow-up we will continue this until next week and entertain any follow-up questions you might have or also we have opportunity for written comments as well that will be entered into the public record. Council, I would entertain a motion to continue this, unless, Mr. Zaremba, you have a question or a statement? Zaremba: Madam Mayor, I was preparing to frame the motion, noticing that the next meeting is normally our workshop meeting. I suppose a response to the motion will indicate whether the Council wants to have a public hearing on our workshop or not, so I move that we continue this to our regularly scheduled meeting of September 9th and that meeting begins at 3:00 o'clock in the afternoon. It's not an evening meeting. End of motion. Rountree: Second. De Weerd: I have a motion and a second to continue this. We could also put it towards the end of the meeting, so it's closer to 5:00 o'clock. Mr. Nary, could we set up for a time specific, so that if people were interested we could start it at that time? Nary: Madam Mayor, Members of the Council, it's been noticed for your 9th meeting that begins at 3:00 and the notice has already been published, but it didn't publish a specific time. So, I would suggest leaving it like you normally would as just part of our agenda. De Weerd: Okay. I have a motion and a second to continue this public hearing until next week. All those in favor say aye. Any opposed say nay? Okay. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing Continued from August 19, 2014: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District E. Public Hearing Continued from August 19, 2014: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Meridian City Council September 2, 2014 Page 12 of 30 Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Approved F. Public Hearing Continued from August 19, 2014: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty - Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District De Weerd: Item 7-D is a public hearing continued from August 19th on AZ 14-008. 1 will ask for staff comments on this public hearing at this time. Parsons: Thank you, Madam Mayor, Members of the Council. This item has been continued since July 22nd where Council gave the applicant some directions on bringing forth a new or revised site plan to address some of those concerns that were brought up at the hearing. Just to get merit oriented on the development, it is located on the southeast corner of Locust Grove and East Franklin Road and the site does consist of approximately 5.65 acres of land. During that public hearing Council brought the concerns that the development lacked children's amenities. There was a gentleman that testified -- adjacent neighbor testified that lives in this area here had some -- raises some horses on the property and he was concerned about children who live in the complex, either throwing rocks or playing in the creek adjacent -- or at least getting into his pasture without having fencing. And, then, the other issue -- another issue was the density of the development. Some of the council members felt it was a little too dense for that site in that location. Another concern was access into the site and I believe we addressed that at that hearing. ACHD had to approve that access point to Locust Grove and they felt that was the most safe -- was the safest access point in and out of the development and because of those site constraints, as I discussed in the previous public hearing, given the flood plain and the flood way on this development, there would be no additional opportunities for cross -access or further access to this development as well. So, on the left-hand side here is -- although it's not very clear -- this was the site plan that was before you. They did have their clubhouse up against the gentleman's pasture. Again, there was a ten foot multi -use pathway that came along the north and dropped down along the east boundary and Councilwoman Milam was concerned about the lack of a tot lot or a children's amenity. So, what the applicant has done -- and I will fast forward you, just because he gave me a colored rendering late this afternoon and I did address all of these changes in a memo I sent out to you last Friday. But our primary concern -- or changes to the plan -- again, as far as access goes, that's pretty much set in stone for this development as far as ACHD is concerned and they have approved that access point in this location and it will be more than likely a full access point until such time as traffic warrants it to be closed off in the future or at least restricted to right -in, right -out. The applicant is proposing a fence along the north boundary and, then, terminate running along the entire eastern boundary here and here is that fence detail for you to take under advisement this evening as well and what the applicant has done as well -- because there Meridian City Council September 2, 2014 Page 13 of 30 wasn't a tot lot amenity or children's amenity and we wanted to get that open space or at least that use or amenity away from the gentleman's pasture, the applicant's actually lost a unit and gone from 68 units to 64 units and brought that clubhouse and added a pool facility as part of his amenity package. So, not a tot lot, but a pool to allow folks to recreate internal to the development, rather than up against that gentleman's pasture. The one other item he has also done is he strategically placed pathway connections within the development, so rather than on the previous plan they had -- every pod of four-plex had connections to the pathway, he's essentially had two locations for entry and those will be gated as well to try to limit access to the flood plain or the open space north of this development. And that would be located here and there is a gate proposed here as well. And so in the memo that I have sent out to you last Friday I did -- staff is supporting the recommended changes for you this evening. I did address in that staff memo the conditions of approval if you choose to act on this in favor of this development tonight. There are some conditions that staff is asking you to modify this evening and those are highlighted in -- in that staff memo, but I will go over them very quickly for you. Currently the DA provision in the staff report restricts or limits the number of units to 68. Now that the applicant is proposing 64, we need to change that. DA provision number C, open space has decreased slightly just because of reconfiguration of that -- the clubhouse being shifted to the internal development and, then, tightening up some of the four-plexes on the site. So, it's not a slight decrease, but it is minor -- or slight decrease, not a major decrease. So, rather than 3.85 acres of open space we are looking at 3.82 acres. Bullet 1.2.2, number four, we are asking that you place a condition in the development agreement that they construct the fencing as you see this evening along the north and east boundary. And, then, the last condition that we are asking you to modify is 1.5.2, bullet number two, again requires the amount of open space of 3.82 acres and add the amenity clubhouse with a covered patio and the pool facility as part of the amenity package moving forward. With that I don't have any other outstanding issues for you this evening and I would stand for any questions you have regarding the revised site plan. De Weerd: Thank you, Bill. Council, any questions? Okay. Does the applicant have anything to add? Arnold: Madam Mayor, Members of the Council, for the record Steve Arnold with A Team Land Consultants, 1785 Whisper Cove, Boise. 83709. I'm not going to go into a whole much more detail than what Bill has filled in. A couple little things that we also did that wasn't brought up tonight. The buildings along the south boundary of the subdivision -- what I did is we -- we -- instead of having them perfectly linear, we vary them slightly, so that we can get more usable open space in between the two buildings and that helps create basically a larger usable open space and it breaks up the fagade from both the outside neighbors to the south and as you're coming in through the subdivision. As Bill stated, we are proposing the cinder blocks with the four foot wrought iron on top. That will act also as a part of a retaining area for the fill that was placed in there. And, then, we did add a pool to the clubhouse. My client feels that the pool, even though it's more expensive than a playground facility, it will be utilized by both youth and people of age. With that being said -- my client is here tonight and he -- you heard from me last time Meridian City Council September 2, 2014 Page 14 of 30 about buildings and the uniqueness of the fagade. I'll let him fill you in on the vision of the project. I will stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none right now. De Weerd: Good evening. Thank you for joining us. Skaggs: Mayor and Council. My name is Dave Skaggs for the record. My address 1341 South Spring Valley Drive in Nampa, Idaho. 83686. De Weerd: Thank you. Skaggs: I am the builder, I'm also the owner of the project, and I have owned multi -family in the valley for 20 plus years and I have built this building a few times around the area and a few different projects. We -- on buildings we do -- we finish everything with an energy star version three, which is equal to a LEED Silver standard. We go after the federal tax credits is what we look for, which means that we are actually building to a quite extension path, quite a bit more than what is required with city codes. That's pretty important to us. We like to make sure that everything, obviously, qualifies for the tenant as far as, you know, expense, we don't like to see the expense -- spend too much more on the expense on the rents as far as with the -- with the power. We always go with the executive finishes, which means that we come in and we use granite counters. We have built several of these projects as condos and we like to finish them off very nice. We try to go a little bit a step above. They are a pinwheel design building, which means that your standard four-plex would have one entrance with four doors and one entrance with one staircase. We actually have a townhouse style. It's a pinwheel with a front door on each side of the building. They are quite an attractive -- you really -- if you look at the building you can't even tell it's a four-plex. It looks more like a house. We have two different floor plans in each building. We have-- one floor plan has two bedrooms upstairs and one has one bedroom up and one bedroom down. They are all two bedrooms. They are two bath units. One bath up and one bath down. We try to -- we try to be very proactive. We use professional property management -- Park Place Property is our usual property manager we use. As owners we change our own filters. We do as much as we can ourself to just make sure what our units look like. It's very important to us to make sure -- I can't tell you over 20 years how many vacuum cleaners I have bought for tenants and I think still have about eight or ten of them left in my garage. The fence on top of the block wall -- the block wall -- to me that was our original intent was to make sure that we keep the dirt on our site. We don't want it going off into the floodway and so we are proposing to put that. And the fence was always a design that we were going to put in. I want to make sure we maintain the fence, so that the tenants can see the waterway, because I think the creek does have some kind of a benefit as far as a view. I wouldn't advertise it as a waterfront, but -- but the creek does come into play on it. So, anyways, I -- you know, we come in, Meridian City Council September 2, 2014 Page 15 of 30 we have six different color combos for our buildings. We have -- on those color combos each building has four colors on the exterior. Interiors, we have gone in, we have professional design that does our interior work. They are considered executive finishes and we do ask a little more rent than usual. Having the buildings for so long in the valley like I have, we -- we very -- I did a 74 unit condo complex out in south Boise and we had two children in it. If you look at my plat on that project we had a tot lot on it. We got halfway through the project and we put a swimming pool in it, because we just -- we just weren't getting a lot of the kids, which we welcome the children, but it was more so that everybody could enjoy the amenities. So, with that being said, if you guys have any questions for me I would love to entertain them and I know the buildings inside and out, so De Weerd: Thank you, Mr. Skaggs. Any questions? Mr. Zaremba. Zaremba: Madam Mayor, actually, it's a question for staff, but while you're here. Referring to the fence, condition of approval 1.2.2, bullet four, doesn't mention the cinder block base for two feet. I think that's a good idea. Is there a way we can incorporate that? Hopefully it doesn't violate our fence ordinances. Parsons: Madam Mayor, Members of the Council, certainly you can add that. I just -- I left it off because of the detail, but certainly I can add that on top of the retaining wall or cinder block wall or however you want to word it. But, yeah, that should be in there and it doesn't violate the fencing ordinance. Zaremba: Great. Thanks. De Weerd: Okay. Anything further from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's your vision for the floodway itself? Just leave it in a natural state or -- Skaggs: I like the green. I like to see a lot of green. Like to keep things mowed. I'm not exactly for sure what we can do down there. If I had my way about it -- obviously we want to make sure that it's something that people can enjoy. I don't want to just have a bunch of weeds down there. We can't really -- I don't know if we can plant grass down there, but my vision is to keep it mowed and keep everything -- you know, I mean I would like to see everything to where people can use it. I think that's what it should be. Rountree: Okay. Thank you. De Weerd: Anything else from Council? We appreciate you joining us tonight. Skaggs: Thank you. Meridian City Council September 2, 2014 Page 16 of 30 De Weerd: This is a public hearing. Is there anyone who would like to offer testimony on this item? Council, seeing no further testimony, any additional questions for staff or the applicant? Bird: I have none. De Weerd: Okay. I would entertain a motion to close this public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on AZ 14-008, PP 14-008 and CUP 14-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 7-D, E and F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 14-008 and to include all staff, applicant comments. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is it the DA where this condition would be -- I would like to add that it's okay to have the fence on top of a two cinder block retaining wall. Bird: That was part of the staff comments. Zaremba: Okay. Bird: I covered them both by that. Zaremba: Okay. I'm satisfied. Meridian City Council September 2, 2014 Page 17 of 30 De Weerd: Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-008 and to include all staff, applicant comments. Rountree: Second. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-E. Any discussion from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd just like to thank the applicant and their engineer for taking to heart some of our comments and I think your -- your development at this point is superior to what your first one was and thank you for doing that. We appreciate it. De Weerd: Thank you. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 7-F. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 2, 2014 Page 18 of 30 Bird: I move we approve CUP 14-005 and also to include all staff and applicant comments, which includes 64 units instead of 68, and 3.2 acres of common open space and the fence on top of -- the wrought iron fence on top of the cinder block and also modify the condition on 1.5.2, bullet number two. Borton: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Zaremba. Zaremba: Madam Mayor, I would add to the list that Councilman Bird said that it's -- according to the agenda 17 four-plex units, which it used to be, it's now 16. Bird: For multiple family units. Zaremba: They lost one of the four-plexes. By my count there is 16 now. De Weerd: Okay. Any further discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. FP 14-037 Reflection Ridge Subdivision No. 4 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road Request: Final Plat Approval Consisting of Forty -Four (44) Building Lots and Five (5) Common Lots on 13.9 Acres of Land in the R-8 Zoning District De Weerd: Item 7-G is final plat 14-037. 1 will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application on the agenda is Reflection Ridge final plat number four. The site consists of 13.9 acres of land. Is currently zoned R-8 in the city and is approximately a half a mile south of East Victory Road and west of South Locust Grove Road. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat. In the staff report Mrs. Watters did state that there was some minor changes to this phase of the plat, but overall the open space and the connectivity was consistent with the approved preliminary plat in '08 and so staff is recommending approval of this final plat. We have received written testimony from the applicant and they are in agreement with all the conditions of approval and I will stand for any questions you have. De Weerd: Thank you. Meridian City Council September 2, 2014 Page 19 of 30 Borton: Madam Mayor? De Weerd: Yes. Mr. Borton. Borton: I'm going to recuse myself from this application. De Weerd: Okay. Council, in front of you is the final plat on Item 7-G. Any questions for staff? Bird: I have none. De Weerd: If there is no questions, I note that staff noted that the applicant is in agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 14-037. Zaremba: Second. Bird: I have a motion and a second to approve Item 7-G. Any discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing: RZ 14-005 Southridge Commercial by DBTV Southridge Farm, LLC Located Southwest Corner of S. Linder Road and W. Overland Road Request: Rezone of 7.41 +/- Acres from the TN -C to the C -C Zoning District De Weerd: Okay. Item 7-H is a public hearing on RZ 14-005. Council, this item has been requested to continue. I will open the public hearing and ask for a motion to continue to September 16th. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 2, 2014 Page 20 of 30 Bird: I move we continue the public hearing for RZ 14-005 to September 16th, 2014. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 7-H to September 16th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Public Hearing: CPAT 14-001 Existing Conditions Report Update (2014) by City of Meridian Planning Division Request: Amend the Existing Conditions Report, an Addendum to the Comprehensive Plan, for the Purpose of Revising the Text, Updating all Facts and Figures and Reformatting the Report De Weerd: Item 7-1 is a public hearing on CPAT 14-001. Council, I will open this public hearing with staff comments. McClure: Thank you, Madam Mayor, Members of the Council. I would like to begin by thanking Bill Parsons for writing the staff report for this. Staff is before Council tonight requesting adoption of this update for the Existing Conditions Report 2014. 1 know Council has heard a lot about this before, so I will try to be brief. Very briefly, some background for you. The Existing Conditions Report is an addendum to the City of Meridian Comprehensive Plan. The comp plan, at a minimum, is supposed to address 16 elements required under the Idaho Local Land Use Planning Act. Not all of these elements necessarily drive policy, but that is what the Comprehensive Plan is largely used for. These are the 16 elements to be addressed under state code. I won't read them all. Due to the size and usability considerations during the 2009-2010 comprehensive plan update, it was decided to split the comp plan into two, one section looking forward that focused on the policy, the 2010 comp plan and one section memorializing where we have been as a benchmark moving forward, the existing conditions report. But why are we here today? Well, a lot has changed since 2009 when most of the previous Existing Conditions Report was drafted. There are 10,000 more people, a changing demographics, a different economy, many new commercial, office, and residential developments and expanded city services. The ECR was a good idea, but it wasn't necessarily the best implementation. So, with this update we decided to -- besides just updating some data, we decided to make an effort to improve the usability of the document. Some of the conversations were long and the formatting wasn't the best. With this update the ECR has a new format. It has upgraded demographics. Descriptions of services and projects. It consolidated repeat topics and discussions, such as trash service, updated some discussions to help previously lifted state requirements, like agricultural. For this update we relied on other departments to revise and verify services and data. We also relied on other agency partners, including the school district and COMPASS. And, of course, things change, we will be back to update this again in a few years, hopefully, with even more improvements. With that I would just note that Planning and Zoning did recommendation this approval -- for approval, along with some comments Meridian City Council September 2, 2014 Page 21 of 30 from David Miles, an environmental -- I would also just like to point out that David Miles provided a lot of other comments and updates for this text that just came after we -- the cutoff date, so he -- there was -- he had a lot more and I do thank him. Staff is requesting adoption of this update and I will stand for any questions. De Weerd: Thank you, Brian. Council, any questions? Rountree: I have none. De Weerd: Okay. We do have a public hearing. Is there anyone who like to provide comment on this item? I don't see any of these boys jumping out of their chair to make comment. Council, any further questions for staff? Bird: I have none. Rountree: None. De Weerd: So, next steps on this, Brian? McClure: I'm looking for adoption. So, if you guys can roll call or do whatever. De Weerd: Okay. Nary: Madam Mayor? Madam Mayor, Members of the Council, we will bring back -- if you want to move it forward, we will bring it, then, back on a motion with a resolution for adoption and, then, we will have a memorial of it. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't we -- we have to pass the CPAT 14-001 and, then, you bring it back, right; Bill? Nary: Yes. Bird: That's what I thought. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on CPAT 14-001. Zaremba: Second. Meridian City Council September 2, 2014 Page 22 of 30 De Weerd: I have a motion and a second to close the public hearing on Item 7-I. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CPAT 14-001 and to bring it back as a resolution. Rountree: Second. De Weerd: I have a motion and a second to pass CPAT 14-001 and for staff to prepare a resolution. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: As ayes. Motion carried. J. Public Hearing: CPAT 14-002 Downtown Master Street Plan by City of Meridian Planning Division Request: Adopt by Reference the Downtown Meridian Street Cross -Section Master Plan into the Comprehensive Plan MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 7-J is a public hearing on CPAT 14-002. 1 will turn this over to staff. McClure: Thank you, Madam Mayor. Again, I would like to thank Bill Parsons for writing this staff report as well for the Downtown Meridian Street Cross -Section Master Plan. Staff is before City Council tonight requesting adoption of this addendum to the City of Meridian Comprehensive Plan. I have talked about this again quite a few times with Council, so I will try to be brief, but if I do gloss over anything that you are interested in, please, interrupt and let me know. When this project began more than one and a half years ago now we set out to accomplish the following objectives. Identify key street and streetscape elements and preserve for them. Enhance connectivity and place making. Unify other plans and guidelines. Clearly identify redevelopment expectations and support collaborative implementation. This is what has transpired leading us to today. We established a work group that included a number of city departments, staff from ACHD, and included a number of MDC representatives. Engaged in public outreach and held an open house. The open house was also advertised as part of the project we were in last year, which included the usual e-mail blast, website, social media and coverage by local news outlets. ACHD staff involved in the project also routed the draft plans through their legal, development services and traffic departments. We have also coordinated with Meridian City Council September 2, 2014 Page 23 of 30 ACHD in how to integrate this plan into the development review process. This plan will have an integral GIS component that both agencies will use to make sure everyone is on the same page and the exact implementation. After the technical coordination MDC was given an update and endorsed the plan. Staff provided a draft check-in with City Council and ACHD staff presented to Commission, so that both decision making bodies knew they generally supported before either adopted. ACHD commission had nothing but positive comments. Planning and Zoning Commission support the street plan and recommended to the City Council for approval and ACHD staff intends for this plan to be adopted as part of the next master street map update assuming City Council adoption. And here we are. This, in case anyone is not familiar the city core, north is to the right. It's also the planning area for the project and coincides with the downtown license agreement that the city has with ACHD. The city core is something of an older designation, which predates the Designation Downtown vision plan and overlaps several of the districts within that plan. This Destination Downtown plan is adopted by reference in the City of Meridian Comprehensive Plan. The boundaries are from Ada to Carlton and Meridian to East 3rd. It's also worth noting that it also addresses the Pine and Main Street corridors, which extend outside of this planning area, as they are critical entryway considerations. The plan also considers East 3rd down to Franklin for connectivity purposes. That's kind of the background. So, specific use, how are we going to implement, this is just an example of the street plan. There is a lot to read here, but there is really only seven pages like this. Half of it is optional reading. The blue -gray side bar on the right is just kind of an education piece to break things up and provide -- hopefully to get people thinking. The way this document is set up is that all the intent, history, and in all condition type guideline text is covered at the beginning. The rest of the document is pick and choose. You only need to review the relevant information. These are set to function like cut sheets, so you print what is relevant. The plan looks big, but functional use is much smaller. This is a text for a specific cross-section. All of these are designed to work largely independently from all the other pages. After you review the first two pages you will pull out the relevant cross-section, which is mostly graphic. The cross-section is a key bit here, but the text helps to provide framework for alternatives and needs that must be addressed regardless of location or circumstance. The cross-sections themselves aren't set in stone. Only what they must support and how they would be integrated into the rest of the urban framework. The text for the cross-sections are explained, because they intend a need, allowing for creativity, rather than to simply list expectations without explanation. Moving forward, how this is to be used. City staff will use the plan in coordination with ACHD for private and public redevelopment. It will be used to preserve and improve connectivity and encourage safe pedestrian and bicycle environments connected to and through downtown. The plan really is not intended to require anything that's not already on the books now, other than proposing solutions to an array of previously identified needs. The text does describe needs versus wants. This is intended to make supporting Destination Downtown, the City of Meridian pathway master plan, and a number of other policy and planning documents more straight forward. The city and ACHD may or may not make actual place making improvements apart from MDC or large redevelopment projects, but we will be preserving for them. How is the plan best used? That's a little more subjective, but the heart of this plan really is designed to convey the idea of partnerships. The plan doesn't have to be illustrative to describe sidewalk alignments and thou shalt build and install type language. Meridian City Council September 2, 2014 Page 24 of 30 In most cases only sidewalk and preservation for future improvements are required. It is illustrated to be transparent to encourage ease of use and promote joint efforts, to show all the bits and pieces and considerations altogether. We would at this time be supportive of the currently adopted plan, studies, and good urban design principles, which contribute to the unique placement opportunities that our downtown be set apart from all the other competing suburban developments. It is hoped that this plan can be a benefit to and be used by MDC to take it as a context -- excuse me -- context of efforts to explore opportunities for the greatest return and may also be used as a starting point for specific concept plans and construction of actual improvements. Where do we go from here? Next step. ACHD will hopefully be integrating this in to the master street map with their next update. Moving forward there is an opportunity for expansion. This is something we talked about internally and was also brought up by MDC. The city core is really a zoning designation and land use or destination downtown district. It's more of an overlay district and it doesn't necessarily cover all the areas it could or should. There is some areas being excluded outside of the city core that we may want to look at addressing, such as between Ada and Franklin, north of Carlton, or the residential areas. What's not here? It doesn't make money, but it does describe a whole host of expensive improvements, especially downtown in -fill, which typically is a mess of complicated infrastructure needs and unknowns. Some of this burden is going to fall on larger redevelopment and agencies, as it's not feasible to expect most of this in small parcel redevelopment. In fact, the plan says this. There is, essentially, three categories of redevelopment that outline broader higher level expectations and requirements. There is direction for agencies, for small parcel redevelopment, a majority block or greater of redevelopment. In all cases, though, it's really going to take everyone chipping in to get a lot of this done. There are suggestions for prioritization of improvements, but in most cases that will be something MDC will have to decide upon and lead. Really, this is going to be about finding grants and other sources of funding and occur over a very long period of time. This plan doesn't necessarily depict the only way to go about doing things. Some elements may morph a bit. The cross-sections will support critical pedestrian considerations. It will be consistent with other adopted plans and studies. It will encourage good urban design practices and make needed quality of life improvements to foster a vibrant and active environment. Staff is looking for adoption of this plan as an addendum to the comp plan. It will simply be added to Chapter 7 by adding to a list of other adopted plans under -- in line with other plans and resources. With that I will stand for any questions. De Weerd: Thank you, Brian. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Brian, thanks for sharing this tonight and you touched on, obviously, the variety of outreach that you did. I didn't happen to notice if -- that others if they knew -- the Meridian downtown business owners group, have you provided any outreach to them? What has their response been to this, and are they involved? Meridian City Council September 2, 2014 Page 25 of 30 McClure: Mayor, Councilman Cavener, no, we have not. I'm afraid this plan has not gone anywhere since -- I think before that -- that thing started. It's been going through the loops, basically. We could, I guess, but we have not. I would emphasize that most of the plan is based off the existing plan and policy that is adopted and I think Caleb wants to chime in. Hood: Sorry, Madam Mayor, Councilman Cavener. I did want to just point out, though, that in that slide Brian did outreach to all of the businesses, just not through that arm. Not through the dba, but individually reached out to those businesses as intended. So, yes, but no. We haven't done it again through that established dba, but did try to reach out to most all of those that would be part of the dba on a one-on-one basis. Cavener: Okay. Thank you. De Weerd: You did knock on a few doors, didn't you? McClure: Yes. Bird: They did. De Weerd: Mr. Rountree. Rountree: Madam Mayor. Just a comment that a couple things really stand out I think in the plan. One, it's not cast in concrete. Meaning, two, that it's flexible and I think it's -- it's a good vision and it's a good place to start, but it's not necessarily the finish, because there are so many different scenarios in that little piece of our world out there that -- but it still relates to creativity to come up with solutions that are going to be good for everybody. I appreciate the effort and I really appreciate the flexibility in the documents. McClure: Thank you. De Weerd: Any other questions from Council? This is a public hearing. Is there anyone who would like to provide testimony on this item? I would just like to also give my thanks to Brian and Caleb -- in particular Brian. You have spent a lot of time and effort reaching out and trying to -- to deliver a product, as Councilman Rountree mentioned, is flexible, comprehensive, understandable, and this gives a lot of detail, it gives visual, so people have a greater understanding. So, whether you're visual or someone that likes to read it, you appeal to all of those and your attention to detail and your extra efforts I think have -- shows very nicely in this document. So, thank you. McClure: Thank you De Weerd: Council? Rountree: Madam Mayor? Meridian City Council September 2, 2014 Page 26 of 30 De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing Item 7-J, CPAT 14-002. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 74 All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adopt the master street plan for the City of Meridian as presented here this evening and have it referenced in the Comprehensive Plan. Borton: Second. De Weerd: I have a motion and a second to approve this item. Nary: Madam Mayor, we will bring a resolution back. De Weerd: All right. Rountree: And resolution will follow? Nary: Yes. De Weerd: Okay. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Department Reports A. Mayor's Office: Resolution No. 14-1008: A Resolution re- appointing William Fitzgerald as Youth Member to the Parks and Recreation Commission Meridian City Council September 2, 2014 Page 27 of 30 B. Mayor's Office: Resolution No. 14-1009: A Resolution Re - Appointing Joely Walters as the Youth Member to the Historic Preservation Commission Approved C. Mayor's Office: Resolution No. 14-1010: A Resolution re- appointing Ashlyn Morlock as Youth Member to the Solid Waste Advisory Commission De Weerd: Council, the next three items are reappointments for our youth members. All three of these youth members served over this last year on their respective commissions. They -- all three have been requested to continue to serve; because they were dependable and engaged and a participant. So, I would stand to answer any questions you might have on Items A -- 8-A, B and C. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not a question, just more of a comment. I have had the opportunity to work with two of out three of these members and I find them to be great representatives of not just the youth in our community, but our city at large. De Weerd: Thank you. I imagine, Mr. Cavener, that's why we had the request from the various commissions to have them continue to serve. Cavener: Very much. De Weerd: Any other questions from Council? I would ask for your approval of these appointments. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the appointments in Items 8-A, 8-B and 8-C. Cavener: Second. De Weerd: We have a motion and a second to approve the resolutions with the youth member appointments as detailed in Items A, B and C. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. Meridian City Council September 2, 2014 Page 28 of 30 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1623: ZOA 14-002 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Landscape Buffers, Fencing for Daycares, the Public Meeting Process, Parkways Along Arterial and Collector Streets, Posting for Public Hearings, Cul -De -Sac Measurement and the Removal of Construction Sand and Gravel Mining as a Conditional Use in Residential Zones De Weerd: Item 9-A, Ordinance 14-1623. Madam Clerk, will you, please, read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1623, an ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, pertaining to landscape buffers, balancing for daycares, the public meeting process, parking along arterial and collector streets, posting for public hearings, cul-de-sac measurement and removal of construction sand and gravel mining as a conditional use in a residential zone and other miscellaneous cleanup items and providing for a waiver of the reading rules 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? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1623 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council September 2, 2014 Page 29 of 30 Item 10: Future Meeting Topics De Weerd: Item 10. Council, any items for future meetings? Item 11: Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Hearing none I would entertain a motion to adjourn into Executive Session per Item 11. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Zaremba: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk. Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. One abstain. MOTION CARRIED: FOUR AYES. ONE ABSTAIN. ONE ABSENT. EXECUTIVE SESSION: (7:10 p.m. to 8:35 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Borton: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Bird: So moved. Meridian City Council September 2, 2014 Page 30 of 30 Borton: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) �u✓i��L` �c 9 /!� / ) Lt MAYOR TA"Y DE WEERD DATE APPROVED o�Ptrn ucts. ATTEST: oma` J s° C,ty YCE`EJHQLMA'P,t, EIS -GL -E G� SEAL p