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HomeMy WebLinkAbout2014-11-18C � E IDIAN�,., CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 18, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba O Joe Borton X_ Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Proclamation for Pancreatic Cancer Awareness Month 6. Consent Agenda Approved (Pg 3-4) A. Final Order for Approval: FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District B. Bienville Square Subdivision No. 3 Water Main Easement C. Resolution No. 14-1031: A Resolution Amending the Community Development Block Grant Program Year 2013 Action Plan to Reallocate De - obligated Prior Year Funds to the PY2013 Centennial Park ADA Restroom Facility to Cover Cost Increases. D. Resolution No. 14-1032: A Resolution Declaring Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Various Furniture Items to the Idaho Youth Ranch. E. Southeast Corner Marketplace Subdivision No. 2 Water Main Easement Meridian City Council Meeting Agenda — Tuesday, November 18, 2014 Page 1 of 3 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. FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single -Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District G. Messina Meadows Subdivision No. 5 Sewer Easement No.3 H. Oaks South Subdivision No. 1 Sewer Easement Messina Meadows Subdivision No. 5 Sewer Easement J. Pedestrian Pathway Easement Between New Oaks, LLC, and the City of Meridian Regarding The Oaks South Subdivision No. 1 K. Jayker Subdivision Phase 1 Sewer & Water Easement L. Approval of Agreement to Taser International for the "Body Worn Camera System" project for a Not -To -Exceed amount of $338,177.54 7. Items Moved From Consent Agenda None (Pg 4) 8. Action Items A. Public Hearing Continued from November 5, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Approved (Pg 4-7) B. Public Hearing: VAC 14-006 Spurwing Rim (Lots 7 & 8, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate the 10 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 7 and 8, Block 1 Platted with the Spurwing Rim Subdivision Approved (Pg 7-8) C. FP 14-041 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Final Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.43 Acres in the C -C Zoning District Approved (Pg 8-10) D. FP 14-040 Scentsy Commons Subdivision by Hot1, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts Approved (Pg 10-12) Meridian City Council Meeting Agenda — Tuesday, November 18, 2014 Page 2 of 3 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. E. Public Hearing: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District Approved (Pg 12-23) F. Public Hearing: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land Approved (Pg 12-23) 9. Ordinances A. Ordinance No. 14-1631: An Ordinance Amending Title 3, Business and License Regulations, Chapter 8, Private Security Services of the Meridian City Code, for the Purpose of Deleting 3-8-2 License Required; Exemptions; 3-8-3 Application for License; 3-8-4 License Issuance; Denial; Revocation; and Amending 3-8-5 Operating Requirements; and 3-8-6 Penalty; and Providing an Effective Date Approved (Pg 23-24) 10. Future Meeting Topics None 11. Executive Session Per Idaho State Code 67-2345 (1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Into Executive Session at 7:08 p.m. Out of Executive Session at 7:43 p.m. Adjourned at 7:43 p.m. (Pg 24-25) Meridian City Council Meeting Agenda — Tuesday, November 18, 2014 Page 3 of 3 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 November 18 2014 A meeting of the Meridian City Council was called to order at 6:04 p.m., Tuesday, November 18, 2014, by President Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd and Joe Borton. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons, Clint Dolsby, Jamie Leslie, Chris Amenn, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _XLucas Cavener Mayor Tammy de Weer_d Rountree: I will go ahead and open the November 18th City Council meeting at 6:04. First item on the agenda is roll call. Item 2: Pledge of Allegiance Rountree: Next item is the Pledge of Allegiance. If you would all stand and join me (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel Rountree: Thank you all for coming out in this less than desirable weather and risking your chance on the icy roads. Please join us in this evening's invocation and we will be led by Troy Drake from the Calvary Chapel. Troy, welcome. Drake: Lord God in Heaven, we come here tonight in thanks for the freedoms that we do have in our country, as just said, one nation under God and thank you for that, God, and we thank you for the City of Meridian and this great place to live and work and that you would protect it, Lord. We are praying tonight, especially for the citizens, that everyone would have a -- would be warm and have food, Lord. We pray for the safety of the citizens, too, and the law enforcement officials, God, that you would just be with all those officers as they keep the peace here. We pray for safety for all the citizens and, lastly, Lord, I just pray for these men and women here tonight that -- these elected officials, our representatives, God, that you have given great responsibility to and just reminded me that every decision that we make has consequences, no matter how large or small. So, I Meridian City Council November 18, 2014 Page 2 of 25 just pray, God, for every decision that they make, that they would have wisdom and it would come from you, God. So, we just pray and pray that you bless them and encourage them and it's in Jesus' name we pray, amen. Item 4: Adoption of the Agenda Rountree: Thank you. Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the amended agenda, Item 6-C is proposed Resolution No. 14-1031. Item 6-D is proposed Resolution No. 14-1032 and proposed ordinance number on 9-A is 14-1631. And we -- on the amended one we did an Executive Session No. 11 -- Item No. 11, which was 67-2345(1)(d). And with that I move we approve the agenda as amended. Milam: Second. Zaremba: Second. Rountree.- It's been moved and seconded to approve the agenda. All in favor signify by aye. Opposed same sign? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamation for Pancreatic Cancer Awareness Month Rountree: Next item is a proclamation for the Pancreatic Cancer Awareness Month and I have a proclamation to read here and present. Mr. Tovey. Welcome again. Good to see you this year. Whereas in 2014 an estimated 46,420 people will be diagnosed with pancreatic cancer in the United States and 39,590 will die from the disease, including approximately 210 people in Idaho and whereas pancreatic cancer is the fourth leading cause of cancer death in the U.S. and has a five year survival rate of just six percent and whereas the incidents and death rate of pancreatic cancer are increasing and pancreatic cancer is anticipated to move from the fourth to the second leading causeofcancer death in the United States by 2020, whereas the Pancreatic Cancer Action Network is a national organization serving the pancreatic cancer community in Meridian and nationwide through an approach that includes public policy, research funding, patient services and public education related to developing effective treatment and a cure for pancreatic cancer. Whereas the Pancreatic Cancer Action Network and its affiliates in Idaho support those patients currently battling pancreatic cancer, as well as those who have lost their lives to the disease and are committed to nothing less than a cure, therefore, the Mayor Tammy de Weerd does hereby proclaim the month of November as Pancreatic Cancer Awareness and I present this on behalf of the city and the Mayor to you and thank you for your efforts. Meridian City Council November 18, 2014 Page 3 of 25 Tovey: Thank you. In 2010 1 lost my wife to pancreatic cancer. She was diagnosed in May and she passed away in September just four months, and that is the typical prognosis. As was mentioned, the survival rate for pancreatic cancer is just six percent right now and that number hasn't changed in over 40 years. Our goal is to double that number by 2020. But even that only brings it up to 12 percent. Pancreatic cancer has a mission to wage hope for those that are afflicted with pancreatic cancer and those that have lost people to pancreatic cancer. We wage hope so that they will have something to look forward to. Thank you. Rountree: Thank you. Keep up the good work. Item 6: Consent Agenda A. Final Order for Approval: FP 14-039 TM Creek Subdivision No. 1 by SCS Brighton, LLC Located Southeast Corner of W. Franklin Road and S. Ten Mile Road Request: Final Plat Approval Consisting of Eight (8) Building Lots and One (1) Common Lot on 6.88 Acres of Land in a C -G Zoning District B. Bienville Square Subdivision No. 3 Water Main Easement C. Resolution No. 14-1031: A Resolution Amending the Community Development Block Grant Program Year 2013 Action Plan to Reallocate De -obligated Prior Year Funds to the PY2013 Centennial Park ADA Restroom Facility to Cover Cost Increases. D. Resolution No. 14-1032: A Resolution Declaring Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Various Furniture Items to the Idaho Youth Ranch. E. Southeast Corner Marketplace Subdivision No. 2 Water Main Easement F. FP 14-042 Paramount Subdivision No. 28 by SCS Brighton, LLC Located North Side of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of 42 Single - Family Residential Building Lots and Five (5) Common/Other Lots on 13.10 Acres of Land in an R-8 Zoning District G. Messina Meadows Subdivision No. 5 Sewer Easement No.3 H. Oaks South Subdivision No. 1 Sewer Easement Messina Meadows Subdivision No. 5 Sewer Easement Meridian City Council November 18, 2014 Page 4 of 25 J. Pedestrian Pathway Easement Between New Oaks, LLC, and the City of Meridian Regarding The Oaks South Subdivision No. 1 K. Jayker Subdivision Phase 1 Sewer & Water Easement L. Approval of Agreement to Taser International for the "Body Worn Camera System" project for a Not -To -Exceed amount of $338,177.54 Rountree: Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the Consent Agenda, as I said earlier, Item 6-C, the proposed resolution is 14-1031. 6-D is proposed resolution 14-1032. And with that I move we approve the agenda -- or the Consent Agenda and for the President to sign and the Clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda Item 8: Action Items A. Public Hearing Continued from November 5, 2014: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Rountree: Next item, Action Items, a public hearing for Item 8-A, continued November 15th hearing for TEC 14-006. Jericho. Bill. Parsons: Thank you, Mr. President, Members of the Council. This item was continued a couple weeks -- from a couple weeks back. It was Council's direction that the applicant come forward with a plan for securing the existing structures on the property and also bringing forth some more palatable elevations for the property. In an e-mail from that Meridian City Council November 18, 2014 Page 5 of 25 applicant -- I did forward that onto the city clerk's office for your review. Attached to that e-mail had the proposed elevations, as well as the applicant's proposal for securing the existing structures on the property. Tonight I have included those elevations for review. The application has provided elevations at 80 foot side lots, as well as the internal 50 foot lots adjacent to the Hightower Subdivision and the Arcadia Subdivision along the south boundary -- west and south boundaries. Here is a typical elevation for the 80 foot wide lot and I will scroll through these fairly quickly. If there is anything that you do not like and if it's your desire to recommend -- or approve the time extension staff asks that you include -- incorporate these elevations into the time extension staff report. And here are the elevations for the 50 foot wide lots or the R-15 lots within the subdivision. So, with those two items per your direction -- again, staff has laid out in the hearing outline this evening the timeline and the history of this project. Staff is still recommending approval of that project and I will stand for any additional questions you may have. Rountree: Any questions for Bill? Bird: I have none, Mr. President. Rountree: Okay. Is the applicant Here? Becky. McKay: Thank you, Mr. Chairman, Members of the Council. Becky McKay. As Bill indicated, we did obtain elevations from our client for both size lots, the 80s and 50s, for the detached -type product. As you can see the 80 foot wide lots, they are going to go with a larger product to, obviously, have that transition from those existing larger homes on the acre lots fronting on Jericho. Also I did speak with Shawn Brownlee and he did go out to the site. He locked the house up and they are sending out a superintendent this week to board it all up, so no one can get in and he had indicated that he talked with Mr. Barton and they are going to talk to the fire department to see if they are interested in a practice burn or something on the home. If they -- if they are not, then, they will schedule demolition of that home to begin prior to construction and they understand that it is a nuisance and they will take care of it. Rountree: Any questions for Becky? Bird: I have none. Rountree: Thank you. McKay: They plan to build this spring. Or in '15. Thank you. Rountree: Hopefully, depending on the decision. McKay: Yes. Rountree: Okay. Thanks, Becky. This is a public hearing. Is there anyone wishing to testify further? Seeing none -- Meridian City Council November 18, 2014 Page 6 of 25 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on TEC 14-006. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on this particular item. Any discussion? All those in favor of the motion signify by aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Discussion? Motion? Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve TEC 14-006 and include elevations as shown publicly on 11/18/2014, to include -- to be included in the one year time extension. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-A with the conditions. Any discussion on the motion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Do we want to include a condition that -- Mrs. McKay mentioned that they were going to fix the attractive nuisance one way or the other. Do we want to make that a condition as well? Bird: I think that was part of the staff's deal. Rountree: Was that the intent of the motion maker? Bird: Yes, it was. Rountree: Per staffs discussion? Bird: Yes. Per staffs discussion. Meridian City Council November 18, 2014 Page 7 of 25 Zaremba: Okay. Rountree: Are you comfortable with that? Zaremba: I'm comfortable that it's included, yes. Rountree: Okay. Any further discussion on the motion? Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing: VAC 14-006 Spurwing Rim (Lots 7 & 8, Block 1) by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate the 10 - Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 7 and 8, Block 1 Platted with the Spurwing Rim Subdivision Rountree: Thank you. Next item, 8-B. Public hearing for VAC 14-006. Spurwing Rim. Bill, is that you? Okay. Parsons: Thank you, Mr. President, Members of the Council. Next item on the agenda is the Spurwing Rim vacation application. The two properties are located north of Chinden Boulevard, just east of North Jaykers Way. These lots -- the two lots, Lot 7 and Lot 9, Block 1, were subdivided or final platted with the Spurwing -- Spurwing Rim Subdivision. At the time that the project came through the developer envisioned two homes being constructed on the lots. Now they have a client that wishes to consolidate the two parcels into one large lot and construct a single family home on the residence. Here are the easements that were created with the platting of that property. They are typically five foot interior side yards, public utility and drainage easements. Staff has received all the necessary relinquishments from the applicable utility providers not objecting to the relinquishment of those easements. One thing that we did want to bring to the Council's attention is the fact that typically when these lots come in and develop within the city we -- we have them provide a water stub and a sewer stub to serve the lots. So, moving forward the applicant will have to work with not only the city, but also United Water on vacating those existing services, so that only one home is connected on the property. The applicant has received the staff report. They are in agreement with those conditions and they will move forward on that prior to applying for the building permit. So, other than that, because we have everyone's approval to vacate this easement, staff is recommending approval of these -- vacating these easements as proposed and I will stand for any questions you have. Rountree: Any questions for Bill? Meridian City Council November 18, 2014 Page 8 of 25 Bird: I have none. Rountree: Is the applicant here? Do you have anything to add, Becky? Okay. Thank you. This is a public hearing. Is there anybody wishing to testify? Apparently no. Bird: Mr. President? Rountree: Mr. Bird. Bird: Seeing how nobody wants to testify, I move we close the public hearing on VAC 14- 006. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-B. All those in favor signify by aye. Opposed same sign? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve VAC 14-006 and include staff comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-B. Any discussion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. FP 14-041 Chinden and Linder Crossing Subdivision by LEI Engineers Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Final Plat Approval Consisting of Nine (9) Commercial Lots and Two (2) Common Lots on Approximately 9.43 Acres in the C -C Zoning District Rountree: Next item 8-C, final plat 14-041. Bill, again. Parsons: Thank you, Mr. President, Members of the Council. Next item on the list is the Chinden and Linder Crossing final plat. The primary reason for this item being on the agenda is the applicant did not get the response to staff in time -- their concurrence with Meridian City Council November 18, 2014 Page 9 of 25 the conditions of the staff report within the time frame as outlined to keep it on the Consent Agenda. I would tell you that the applicant is in agreement with all the conditions of approval this evening. Here is the -- again, the proposed final plat. It does consist of nine commercial lots and two common lots, which was consistent with the approved preliminary plat in which you acted on approximately three or four months ago. Staff is asking that Council modify one condition of approval in the staff report and that would be site specific condition number 13. If you recall when this project came forward the applicant did come forth with a development agreement and modification and as part of the modification they were required to construct a Welcome to Meridian sign along Linder Road with the first phase of development. At the time that the plat came forward we weren't sure how we were going to craft a condition in order to make sure we could maintain and place the sign on the property and so with the final plat we worked with the legal department -- other departments within the city on an appropriate condition. In the staff report it reads that we want the applicant to execute a license agreement with the city to establish placement on the sign and maintenance for that sign. In working with our legal department -- and it is their preference to move forward with an easement, rather than executing a license agreement. So, my recommendation this evening to the Council is, basically, to have you act on changing the language from reading execute license agreement to just granting and approving an easement for the placement and maintenance of that sign and I will make sure that happens as part of the final plat order. Again, the applicant is in agreement with the changes and also with all the conditions in the staff report. One other item before 1 close. if it's your preference to have a specific location as to where that sign should be placed maybe you should ask the applicant where they envision incorporating the sign. Staff left it pretty open-ended in the development agreement, because we wanted to give them flexibility as where they felt it would be best located on the property, but if they have more details this evening we would be happy to work with them on the exact placement as part of the public hearing. With that I will stand for any questions. Rountree: Questions for Bill? Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: My recollection is in -- in other locations where we have had these welcoming signs the developer contributed to the cost of them. Is -- if this is only an easement, are we not having this developer contribute to the cost of the sign itself? Parsons: Mr. President, Members of the Council, the developer will be constructing the sign. Zaremba: Okay. I didn't interpret that from this, but thank you. Meridian City Council November 18, 2014 Page 10 of 25 Rountree: Further questions? Is the applicant here? Do you have more to add? Do you have anything specific about placement of the sign? Because you don't want us to design it. Witt: Mayor and Council, my name is Matthew Witt. I'm the director for sign construction for Rocky Mountain Development. We are proposing this development. No. As far as final location of the sign, we have been working very efficiently with staff to resolve the final location of that and a location that works good for the City of Meridian and also will set our executed development upon construction, so -- Rountree: Very good. Any questions for the applicant? Bird: I have none. Rountree: Thank you. Witt: Thanks. Rountree: This is a final plat. Do I have a motion? Milam: Mr. President? I move that we close the public hearing FP 14 -- Bird: We don't have a public -- Milam: Oh. we don't. Rountree: Final plat. Approval or deny. Milam: Oh. Approve it. FP 14-041. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-C. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. FP 14-040 Scentsy Commons Subdivision by Hot1, LLLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Final Plat Approval Consisting of Seven (7) Building Lots on 60.73 Acres of Land in the I -L, L -O and C -G Zoning Districts Rountree: Next item is FP 14-040, Scentsy Commons Subdivision. Sonya. Meridian City Council November 18, 2014 Page 11 of 25 Watters: Thank you, President Rountree, Members of the Council. The next application before you is a request for a final plat. This site consists 60.73 acres of land. It's currently zoned I -L, L -O, and C -G and is located at 3001 East Commercial Street and 2701 East Pine Avenue at the southwest corner of Eagle and Pine. The applicant is requesting approval of a final plat as shown here, consisting of seven commercial lots on 60.73 acres of land. The property currently consists of three parcels of land that has been developed, except for the western 12 acres shown here where the pointer is. A street buffer was constructed on that portion that does comply with UDC standards. Staff recommends prior to the west parcel being developed that an emergency access driveway is constructed in alignment with Hickory, which is right here, from Pine to Commercial Street. Written testimony has been received from Dave Yorgason, the applicant's representative, in response to the staff report. He requests the following changes to the conditions: Site specific condition number six, he requests that the temporary construction fencing to contain debris shall be installed around the building site, rather than this phase, prior to release of building permits for this subdivision. Staff is in agreement with the applicant's proposed change. The next one is site specific condition number nine. Prior to the issuance of any new building permit he'd like to insert for Lot 7 specifically, rather than the whole site. The property shall be subdivided and a driveway constructed in alignment with Hickory from Pine Street to Commercial Street for emergency access. Staff is recommending approval of the final plat with the changes to the conditions just mentioned. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Rountree: The applicant? Good evening. Yorgason: Good evening. For the record, Dave Yorgason, representing the applicant there at Scentsy Commons Subdivision. We appreciate staff and working with them. I had a conversation with Mr. Perry Palmer at the fire department regarding our specific requested change for the condition number nine. It's our understanding that the fire department and staff is in agreement with our two requested changes and so we just stand here tonight and request for your changes to the final plat with the two requested changes in the staff report as has been mentioned and stand for any questions you may have. Rountree: Are there any questions? Bird: I have none. Rountree: I have a question. How far west does this go? Does it go to Machine Street where there is a closure? Yorgason: President, that is correct. Yes, it does. Meridian City Council November 18, 2014 Page 12 of 25 Rountree: And what's proposed at that private road that people have been driving over a mountain of dirt and around a fence and over a fence and through the dale to connect to Machine Street? Is something more permanent going to happen there, like a turnaround or -- Yorgason: Mr. President, I'm not aware of any plans at this time. We recognize there is some occasional activity that does drive through there -- Bird: Yeah. Yorgason: -- some that is not always warranted or requested, so -- like you say. But there is no plans at this time. Rountree: Okay. Thank you. Yorgason: Sure. Rountree: No further questions? This is a final plat. Bird: I have none. Yorgason: Thank you. Rountree: Thank you. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve FP 14-040 and to include the changes in condition six and condition nine as explained by Sonya. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-D with the mentioned changes. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea: MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing: AZ 14-012 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Annexation and Zoning of 223.73 Acres with an R-8 Zoning District Meridian City council November 18, 2014 Page 13 of 25 F. Public Hearing: PP 14-014 Hill's Century Farm by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Preliminary Plat Approval Consisting of 675 Building Lots, 47 Common Area Lots and 1 Other (Elementary School) Lot on 221.8 Acres of Land Rountree: Next item 8-E. It's a public hearing AZ 14-012 Hills Century Farms -- Bird: Are you going to open up the -- Rountree: And I will open up the public hearing. Bird: For F, too? Rountree: And also for F. Watters: Thank you, President Rountree, Members of the Council. The next applications before you are a request for annexation and zoning and preliminary plat. This site consists of 221.8 acres of land. It's currently zoned RUT in Ada county and is located on the north side of East Lake Hazel Road, east of South Eagle Road. The Comprehensive Plan future land use map designation for this site is 91 point -- excuse me -- 91 acres of this site is designated low density residential, which is three or less dwelling units per acre. Approximately 90 acres of this site is designated medium density residential, which is three to eight units per acre and approximately 40 acres is designated medium high density residential, which is eight to 15 units per acre. A little update. Since the Commission hearing the applicant submitted a revised plat and landscape plan. The changes are detailed in the memo to Council from staff dated November 14th, with one correction. The memo states the number of buildable lots stay the same, when they actually increase by ten. The applicant is requesting annexation and zoning of 223.73 acres of land with an R-8 zoning district. The overall density of the subdivision is 3.06 dwelling units per acre, with a breakdown of 2.99 units per acre in the area designated low density residential, 3.18 dwelling units per acre in the medium density residential designated area and 3.52 dwelling units per acre in the medium high density residential designated area. The applicant is requesting a step down in density from the medium high density residential to the medium density residential designation for the southern 40 acres of the site, which is, basically, from this point here where my pointer is south. The proposed R-8 zoning accommodates the proposed densities with approval of the step down in density for the medium high density residential designated portion. The preliminary plat shown on the left consists of 685 single family residential building lots, 43 common area lots, and one lot for a future elementary school on 221.8 acres of land. The future elementary school lot is right here along the northern boundary of the site. The subdivision is proposed to develop in 16 phases as show on the phasing plan on the right. Secondary access is required for any portion of the development with 30 homes or more. Development will commence at the northwest corner of the project adjacent to Eagle Road and is anticipated to occur over the next ten years. Access is proposed via two points from adjacent arterial streets, South Eagle Road and East Lake Hazel Road. Meridian City Council November 18, 2014 Page 14 of 25 Internal access is proposed via east -west and north -south collector streets, East Taconic Drive, which turns into South Newbridge Avenue and East Highlander Drive in accord with the master street map. A temporary access via Eagle Road will be provided right here, if you can see my pointer, at the northwest corner of the site, until such time as two points of ingress -egress are constructed that meets the fire department standards, then, it will be closed and only a pedestrian pathway will exist. The plat depicts connections to existing stub streets in Rock Hampton Subdivision on the east here and stub streets to adjacent undeveloped parcels for future extension and interconnectivity. You can see all the red arrows here are stub streets. A portion of this site lies within the Meridian flood plain overlay district as shown here in the darker gray. A flood plain permit application is required to be submitted, reviewed, and approved prior to any development within the overlay district. There are currently no plans to widen South Eagle Road or Lake Hazel Road, although turn lanes into and out of the subdivision are proposed to be constructed by the developer within the extra right of way dedicated with this plat. The capital improvement plan designates Eagle Road between Amity and Lake Hazel to be widened to five lanes between 2022 and 2026. Lake Hazel between Eagle and Cloverdale Roads are scheduled to be reconstructed and widened to five lanes between 2027 and 2031. The traffic impact study recommends the installation of either a roundabout or a signal at the Eagle Road - Taconic intersection to insure there is sufficient right of way to accommodate either improvement. ACHD is recommending that additional right of way is provided. A landscape plan was submitted as shown that depicts street buffers and open space in accord with UDC standards, based on the area of the plat minus the school lot, a minimum of ten percent or 21.36 acres of qualified open space is required. The plat does depict a 16 percent or 35.4 acres of common area of qualified open space consisting of common lots, parkways, street buffers, and the Ten Mile Creek pathway corridor in accord with the UDC standards. The Ten Mile Creek runs right along here. Parkways are proposed throughout the development along all streets. The Ten Mile Creek, as is planned out, runs along the west boundary of the southern portion of the site from Lake Hazel and extends to the north through the site to Eagle Road. The segment of the city's multi -use pathway system is proposed along the west side of the creek on the northern portion of the site in accord with the master pathway plan. So, it will start right here where my pointer is and go to the northwest out to Eagle Road. On the southern portion there is not adequate area on this site on the west side of the creek to construct a pathway, so it will need to be constructed when the development -- this site here on the corner develops. A minimum of ten site amenities are required to be provided with the development. The applicant is proposing to provide a community center, tot lot playground, exercise stations, passive gathering place seating, a regional pathway, micropaths and land is there for an elementary school. A six foot tall solid fence is proposed to be constructed by the developer around the perimeter of the subdivision. No other fencing is proposed. Fencing is required to be constructed by the developer in accord with UDC standards adjacent to micropath connections to distinguish common from private areas. The applicant has submitted some typical sample building elevations for future homes on the site as shown. Building materials are proposed to consist of architectural shingles and a mix of board and batten and lap siding and stucco with cultured stone wainscot. Because homes on lots that back up to South Eagle Road and East Lake Hazel Road will be highly visible, staff recommends the rear or sides of structures that face these streets Meridian City Council November 18, 2014 Page 15 of 25 incorporate articulation through changes in materials, color, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. The Commission recommended approval of this subject annexation and preliminary plat applications with the conditions listed in Exhibit B of the staff report. Summary of the Commission hearing. Mike Wardle and David Turnbull of Brighton Corporation testified in favor of the applications. Lonny -- excuse me if I mispronounce your name -- Wageman and Keith Miller testified in opposition and Howard Belodoff commented. Mike Wardle submitted written testimony -- the application in agreement with the staff report. There were no real issues discussed by the Commission at the hearing, however, as I mentioned previously, since the Commission hearing the applicant did submit revised preliminary plat and landscape plan that was attached in the memo from staff dated November 14th, along with the detail of the changes. Staff is recommending that Council incorporate these changes that were documented in the memo in the approved findings document. There has not been any written testimony submitted to the city since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Questions for Sonya? Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Just a small one. In reference to the pathway, which this applicant proposes to deduct a portion of it on their side of it and, then, an adjacent property when that develops will do it on their side -- who is responsible for bridging or crossing over or -- to connect the pathway from one side to the other side? Watters: President Rountree -- or President Rountree, Councilman Zaremba, very good question. If you can see my pointer here, there will be a bridge constructed by the applicant right here. So, it will bring people from the east side of the creek to the west side. So, across here and, then, the path will continue up to Taconic, cross Taconic and, then, it will run along the north side of Taconic out to Eagle Road. Zaremba: Thank you. Rountree: Further questions? Is it clear in the DA or the ordinance that the stub streets will have signage on them indicating they will be punched through on a future date? Watters: President Rountree, if it is not clear I will be sure to add that. Rountree: Okay. Thank you. Any further questions? Applicant. Mike? Wardle: Mr. President, Council Members, Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. Just two comments before I ask Sonya to put on just a Meridian City Council November 18, 2014 Page 16 of 25 couple of slides to explain the recommendations from the Planning and Zoning Commission to the Council. The first noted item that Sonya mentioned was that the actual density of the project increased through redesign from 675 to 685. The Council -- or excuse me -- the Planning and Zoning Commission actually forwarded in its recommendation to the Council this language and it was in response to conditions 1.1.2 and 1.1.3, which required a modification that I will cite in just a moment, but the language that they passed on -- and I trust it's in the record. I have not formally reviewed it, but it said that the number of lots in Hills Century Farms Subdivision shall be as proposed in the preliminary plat application or the number of lots generated by the changes required by the conditions of approval and that's how a one and a half percent increase in the number of lots actually occurred, but it was stipulated by the Planning and Zoning Commission that with the changes that were required that there likely could be an increase of lots and that was an affirmation -- or an affirmative recommendation from the Commission. On the screen at the moment is the preliminary plat as originally proposed. Probably the big change was the fact that we had anticipated in the first phase of the project to have a street entrance north of the Ten Mile Creek, which is prominent in that graphic, and that street entrance, then, came into a park immediately at the first intersection. It was both the staff and particularly the Ada County Highway District that recommended that that entrance be deleted and by deletion of that, then, there would be a stipulation that Sonya noted that there would have to be at least secondary access until another future access occurred that would provide fire department access to the site. So, going to the second slide, then, it shows the changes that were required. First on the left 1.1.1.13 and the citation there was the deletion of that entrance. At the top the blue arrow showed that there was a requirement to move the access stub to the north -- to the west to, essentially, avoid a conflict with the home to -- immediately to the north. And, then, to the northeast portion of the site, the yellow arrows depicted the proposed realignment of that collector street, so that it would, essentially, go to the mid mile north -south collector intersection on Amity Road and so the next phase, then, simply shows -- or the next slide, Sonya, please -- and I don't know if I'm capable of doing that from here, Sonya? Which button do I push to advance? Watters: Sorry, Mike. Wardle: That's all right. So, the changes, then, upper left, we have provided the -- what will be fire lane access, as well as actually an access to several of the lots and a pedestrian access at that northwest corner. The street stub to the north was moved over from the pod to the east and on the northeast corner you can see the way that that roadway, then, sweeps to the north, still preserving the school site and the school site is in a form and shape that meets objectives of the school district. So, that particular item was also incorporated and, then, you will see a star symbol where we had the entrance -- a park coming into the entrance off Eagle Road originally. We simply relocated that, so that you still get the amenity value, but the actual first access into the project will be at the existing intersection of Taconic. Next slide shows a couple of other items that were required. On the left of the picture, the red swath shows that we have inserted a micropath connection out of that pod to Eagle Road that was provided and, then, right in the center there are two black arrows that kind of refocus two micropaths, one to the north Meridian City Council November 18, 2014 Page 17 of 25 and one to the south, and brought them together, so that that major access across the Ten Mile Creek is -- provided access from both the north and the south pods and back to the question of Council Member Zaremba about the pathway. The city's desired location of the pathway is on the west side and so, obviously, we don't have the -- the west side south of that particular point, but by providing that access across the Ten Mile Creek there we accommodate the need for pedestrians to be able to circulate until that other leg is completed and it just adds another circulation point. So, it's a functional pathway as that area develops. Then this was not a city requirement, but right in the center of the project there was a -- a little bit of a green. That particular north -south roadway is a residential collector and the Ada County Highway District was concerned about the fact that there would be on all four quadrants of that intersection some lots that would be fronting that collector. So, we worked with them -- we still wanted something to mitigate kind of the long roadway and so ACHD has agreed to the kind of -- gee, I can't even put the geographic term -- or the -- anyway, geometric term to that, but, anyway, there is still an island in the middle of that street that provides a visual mitigation factor and, then, down at the southeast corner staff had recommended and we are now providing a pathway connection to Lake Hazel in that particular location. So, Mr. President, Council Members, we have accommodated all of the requirements of both the city's recommendation through the Planning and Zoning Commission, as well as the Ada County Highway District and the plat as revised before you this evening I believe is worthy of approval and we would be happy answer any questions that you might have. Rountree: Questions for Mike? Bird: I have none. Rountree: Mike just -- and I know Sonya went over it a little bit, but would you just go through the time -- anticipated time schedule. We are looking at a number of years here and -- Wardle: Yes. Mr. President. Sonya, if you could go back to your slides that show the phasing. Let's -- yeah. The ones that you had up. Yes. The graphic on the right, oriented north -south, shows that our first phase is coming off the Taconic intersection there at Eagle Road and, then, we will move easterly and, then, a little bit southerly as we go, but we will be working toward the north quadrant of that project for some time and, obviously, it shows 16 phases over time, but we found in our own developments, depending on, obviously, the economy and the way things continue to work in some of our projects, such as Paramount, we have done two or three phases per year. We just don't want to get, you know, too large a phase, so it -- it would be anticipated that it certainly would be completed within ten years. We won't be getting down to the Lake Hazel intersection for some time, because of the -- just the way that the growth will occur, but it will tie over to the northeasterly corner where the school site is and makes it possible at least for that north -south collector connection, which is a quarter mile south of Amity Road as depicted right now, within whatever period of time proves to be feasible and, then, as we work to the east, obviously, we are contiguous in that easterly 20 acre portion to the existing Rock Hampton Subdivision that's in the city of Boise -- well, not city of Boise, but Meridian City Council November 18, 2014 Page 18 of 25 within their area of impact, so we are kind of at the boundary of your southeast potion of the city. I hope that helps, but I'm not sure we have a crystal ball that will give us an affirmed schedule that we can commit to. Rountree: Fully understand that. Just appreciate the rundown. Any other questions for Mike. Okay. Thank you. Wardle: Thank you. Rountree: This is a public hearing. Is there anyone wishing to testify? And I have a sign-up sheet with two folks. A John Stamper has indicated against and if you want to come up and give us your testimony or -- if you would state your name and address for the record, please. Stamper: Yeah. My name is John Stamper. I live at 5623 South Akron Avenue in the Boise side. I live in the Rock Hampton Subdivision. So, I'm kind of familiar with the traffic patterns around there already and my concern is that ACHD will not be able to keep up with the builders as the houses go in, because as it is they have already put a stop gap of a roundabout at the corner of Amity and Eagle, which has caused terrible traffic problems most of the time. A lot more than I think it solved. I also have concerns with the school. As it is now Lake Hazel Middle School is the largest middle school as population goes in the state. There is 1,400 students in that school. Until there is another middle school to relieve that, what are we -- what are we to do with the extra kids that come into the -- to the neighborhood with the subdivision and the roads themselves -- the intersection of Eagle and Lake Hazel is -- is a hilly intersection that's going to take a lot of construction to -- to right the ship in that area. So, my concern is that there is -- we are going to build before the infrastructure is there to support the new population. Do you have any questions? Rountree: Any questions? Cavener: Mr. President? Rountree: Luke. Cavener: John, at the intersection of Eagle and Amity where the roundabout is you said there is traffic issues. Do you mind maybe giving me a little more detail? Is it just congestion? Is it accidents? What are you seeing? Stamper: Well, I have seen accidents and I have seen congestion. It has -- they have a hard time keeping up with the traffic in that area due to the soccer field that is out there. The youth soccer brings a tremendous amount of traffic out there, which I would say might equate to a daily traffic charge of that houses and that intersection there -- if you get caught in a roundabout in one of the directions that isn't flowing, you're there for a long time waiting to squeeze in as people just zoom through there. I have seen cars use it as a race track and end up in the ditch. I have seen trucks run over the curbing because it's Meridian City Council November 18, 2014 Page 19 of 25 such a small roundabout they can barely get around it. So, I think that there is more issues in that area in the traffic flow that need to be addressed prior to this. Cavener: Follow up, Mr. President? Rountree: Luke. Cavener: Would you mind expanding a little bit further? Are we talking ten cars, 50 cars, a hundred cars? Is your wait 90 seconds, 20 minutes? I mean -- can you give me a little more specifics? Stamper: In the heavy traffic times you're waiting, you know, ten, 15 cars and probably a delay of two, three minutes. And, then, like I said, it causes some heated traffic issues as people try to squeeze in -- Cavener: Sure. Stamper: -- and I'm not sure what law enforcement is going to be regulating out there. Is it going to be covered by Ada county or will Meridian be providing police service out there? I mean as it is now we are mostly patrolled by Ada county. Boise doesn't even really want to supply the force to be out there. So, I'm not sure that we are ready to move forward with more houses in that area. But if you look at developments along Locust Grove, Locust Grove is a terrible road. I mean until its widened they still have all these subdivisions going up and dumping cars on there and people can't get in now in a timely manner and if you want the quality of life of Meridian to be good, then, traffic is a key issue, as I just drove down the freeway to get here. Cavener: Thank you. Rountree: Further questions? Thank you for your comments. Stamper: Thank you. Rountree: Gordon Croft is signed up in favor. If you would give us your name and address. Croft: I'm Gordon Croft at 1520 Howry Lane. I live on the 40 acre parcel next to this development and I just, basically, wanted to voice my support for the project. One question I had, though, was -- I wasn't quite clear from the presentation what the plans were for them to extend to the north as far as the road corridor presently. We have a private lane there, Howry Lane, and I wasn't sure exactly what they were proposing there. Rountree: We will get an answer to that question for you from the applicant. Do you have any other comments? Meridian City Council November 18, 2014 Page 20 of 25 Croft: No. Just that I -- I feel like that the zoning designation probably is good for the area and I might just voice an opinion, too, that I think that while the roundabout in that -- at Eagle and Amity is not perfect, it certainly helps the traffic flow in that area. I personally think it's a good development. Rountree: Thank you. Any questions? Cavener: Mr. President? Rountree: Yes. Cavener: Mr. Croft, can I ask you -- just got a couple quick questions. Out of curiosity, how long have you lived out in that area? Croft: We have lived there since 1981. Cavener: And what's your opinion on the traffic now versus when you first lived there -- and I'm sure there is more cars out there. But I guess I'd like your perspective as to the traffic impact in that particular intersection. I know you said that you like the roundabout, but what's your overall opinion on the traffic? Is it terrible? Is it tolerable? Is it no big deal? Croft: I would says it was tolerable at this point. I mean we have always had traffic on Amity Road and we are going out from our lane onto Amity Road all the time and I don't see a terrible lot of change in that. But, like I said, I feel like the roundabout certainly did help that other intersection a lot. But you can go through there a lot better, you know, the way they have it set up than the four way stop, of course, they had before was a disaster. But, you know, this roundabout is I think definitely an improvement. Cavener: Thank you. Rountree: Any other questions for him? Thank you for your testimony. This is a public hearing. Anyone else wish to testify? Applicant, do you want to follow up? Wardle: Mr. President, Council, once again Mike Wardle. It's kind of a -- I guess a sad fact of life that the infrastructure that's there will stay there until additional development helps provoke the need and also provides impact fee resources to help increase the capacity. Long range plans by ACHD certainly are for widening and adding capacity to the travel lanes along those arterials, but also to the roundabout. The roundabout will be expanded to a two lane facility within -- you know, again, depending on the timing that that could move forward. Certainly if nothing were to occur it would stay as it is and conditions would stay just as they are, even at the intersection of Eagle Road and Lake Hazel, which this project, unfortunately, does not abut and we can't do anything about that improvement. But that, again, becomes part of the long range planning by ACHD, the transportation entity. The first contact that we ever make in our projects is with the school district and their plan -- in fact, it's incorporated in your comprehensive plan has right in Meridian City Council November 18, 2014 Page 21 of 25 that section a school symbol and so when we met with Dr. Gestron the question came up of what facilities do you need and it was an elementary school. You're well aware that just a quarter mile to the north of -- a quarter mile east of Eagle and on Amity is a 40 acre high school site that within the next cycle or two likely will become perhaps the next high school constructed, but certainly it's on the radar screen. I don't know about the middle school issue that was raised by the first testimony, but clearly it's the decision of the highway -- excuse me -- of the West Ada School District now, with the new elementary site being provided here, the high school site where we are -- that middle school need and when it arises will be their decision. But we -- we are very aware of the need to accommodate school facilities and so we have taken that step and it has been incorporated into the heart of this project. Just to add to Mr. Croft's concern or question about the extension of that collector street to the north, we simply -- we don't have the property to the east or to the north of this area, so we provide the stub and the right of way to the location and the adjacent properties at some point will be responsible and will provide both the right of way and developments in the future will accommodate the extension of that street to Amity Road. I don't know that I have anything else to clarify, but, again, would answer any questions if there are additional. Rountree: Any additional questions? Bird: I have none. Wardle: Thank you very much. Rountree: Okay. Please state your name and address for the record. Stamper: My name is John Stamper. I live at 5623 South Akron Avenue. Boise. 83709. Okay. If it's already being discussed that the current roundabout is inadequate, so we have spent taxpayer money on one roundabout, now we are going to have to tear it out and put in a second one, are they going to do the same with piecemealing the roads? We can't get a school bond to pass anymore, because people are taxed enough and we are not utilizing resources because of the way the school districts are drawn up. What is going to -- how is this going to help the City of Meridian by building another large development in a place that doesn't have adequate support? I think that infrastructure should come prior to the houses. That's the way you keep the city moving forward. You don't build after the fact. After the fact is too late. You're already buried. Thank you. Rountree: Thank you. Any further testimony? Seeing none -- Milam: Mr. President? Seeing none, I move that we close the public hearing on AZ 14- 012 and PP 12-014. Zaremba: Second. Rountree: It's been moved and seconded to close the hearing on Item 8-E and F. Any discussion? Meridian City Council November 18, 2014 Page 22 of 25 Bird: I have none. Rountree: Roll call, please. Zaremba: Mr. President? Rountree: Oh. David. Zaremba: Oh, on the motion to close? Rountree: Yes. Zaremba: I'm sorry. I'm anticipating the next motion. Rountree: Motion to close. All in favor signify by aye. Opposed same sign? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree' All right. Mr. Bird. Bird: I move that we approve AZ 14-012 and to include all staff, application, and public content -- comments. Zaremba: Second. Rountree: It's been moved and seconded to approve Items 8-E and F. Any discussion? Zaremba: Mr. President, yes. Rountree: David. Zaremba: Just in reference to the responsibilities and the timing of some of our partner agencies, such as the school district and Ada County Highway District, yes, it would be wonderful if the full infrastructure could be in place ahead of time, but the current mechanisms for funding those things are pretty much as Mr. Wardle mentioned. Impact fees have to be collected off of the properties, that has to work its way through Ada County Highway District's funding mechanism and, unfortunately, that does cause often a lag where the facilities are not quite ready at the time where the developments are being built. ACHD works very closely with us and they do try and keep up. Unfortunately, keep up is not what most of us are looking for, we are looking for them to get out ahead. Their funding situation, which is not much better than anybody else's, means that they really do end up following and we have seen over the years that they do a pretty good job of catching up and, unfortunately, that's about all they can do. But they do see these Meridian City Council November 18, 2014 Page 23 of 25 projects as they come along, it goes through their approval process, as well as through ours, and becomes part of their radar for what they do need to fund in the future and, like I say, I agree with the gentleman that it seems like it lags, but they -- they tend to keep that lag a little short and that's an unfortunate fact of the way they are funded. Rountree: Further discussion? Comments? Bird: I have none. Rountree: Okay. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-014 and to include all staff, applicant, and public testimony. Cavener: Second. Rountree: It's been moved and seconded to approve Item 8-F. Any discussion? Roll Call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1631: An Ordinance Amending Title 3, Business and License Regulations, Chapter 8, Private Security Services of the Meridian City Code, for the Purpose of Deleting 3-8-2 License Required; Exemptions; 3-8-3 Application for License; 3-8-4 License Issuance; Denial; Revocation; and Amending 3-8-5 Operating Requirements; and 3-8-6 Penalty; and Providing an Effective Date Rountree: Next item is ordinance. And, Bill, you're going to give us a little update on this? Meridian City Council November 18, 2014 Page 24 of 25 Nary: Yes. Thank you, Mr. President, Members of the Council. We talked about this ordinance at our recent workshop. This is just changing our private security ordinance to basically make sure that private security operators within the city didn't look like police officers or act like police officers or give the public the appearance of police officers, but we removed the licensing requirements that previously had been in place with the clerk's office. The only thing I wanted to bring to your attention -- based on some recent discussion with other cities, we didn't want to add to the misdemeanor load either of the various cities, including our own, so like we have done in other recent ordinances, we made the first two offenses infractions that are simply citable offenses that are subject only to fines and not jury trials and the third offense -- if you have a third offense of this type, then, it becomes a misdemeanor. So, I just wanted to make you aware that we decided to make just the first two offenses infractions only, again, not to add more to the court system burden that exists. We don't anticipate really anybody going beyond a warning, hopefully, if they were operating as a security guard with a like police officer uniform or like police officer type of equipment, so I don't anticipate that being problematic. But I just wanted to make you aware we made that change. Rountree: Thank you. Madam Clerk, if you would read the ordinance by title only. Holman: Thank you. City of Meridian Ordinance No. 14-1631, an ordinance amending the City Code of Meridian, private security -- an ordinance amending the City of Meridian private security services to eliminate licensing of private security guards, but requiring certain standards to be met by all private companies or agents operating within the City of Meridian and providing an effective date. Rountree: You have heard the ordinance read by title only. Is there anyone wishing to hear the ordinance in its entirety? Seeing none. Milam: Mr. President? Seeing none, I move that we approve Ordinance No. 14-1631 with suspension of rules. Bird: Second Rountree: It's been moved and seconded to approve Item 9-A, Ordinance 14-1631. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics Rountree: Any future meeting topics? Bird: I have none at this time. Meridian City Council November 18, 2014 Page 25 of 25 Item 11: Executive Session Per Idaho State Code 67-2345 (1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Rountree: Nobody? Okay. Thank you. And Item 11, Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSIONS: (7:08 p.m. to 7:43 p.m.) (Technical difficulties. No audio recording.) (Keith Bird: "Let the record show that no decisions were made.") (Motions made to adjourn.) MEETING ADJOURNED AT 7:43 P.M. (AUDIO OSE PROCEEDINGS) PRESIDE"A—R-LIEROUNTREE DATE APPROVED ATTEST: z 1z0 CITY CLE -� g IDTAN& �ionxo SgAL ��y @a��lbe YRE)511P6