Loading...
HomeMy WebLinkAbout2014-12-16Meridian City Council December 16 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, December 16, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Clint Dolsby, Jeff Lavey, Mark Niemeyer, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird _X_ Genesis Milam _X_ Lucas Cavener W X Mayor Tammy de eerd De Weerd: Well, I will start tonight's meeting with welcoming you to our Meridian City Council meeting. Thank you so much for joining us. We love to have an audience. So, thank you for being here tonight. For the record it is Tuesday, December 16th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: 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 Jason Christensen from Meridian United Methodist De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Jason Christensen. He is will Meridian United Methodist Church, the Church of the Warm Heart. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Jason, if you would like to come and up and step to the podium, so we can get you on public record. This is really official saying a prayer to God here. Christensen: Okay. If you will all join me in prayer, please. Heavenly Father, we gather here seeking your guidance for the leaders of our city. At this time of year we remember the gift of your son. We ask your continued blessings upon our city. Watch over its leaders, citizens, and their loved ones. Please help us to remember your love and grace and help us to show that love and grace to one another. We ask these things in the name of your son Jesus Christ, our Lord, amen. Meridian City Council December 16, 2014 Page 2 of 32 De Weerd: Jason, I'd like to offer you a City of Meridian pin for leading us in an invocation. Thank you. And did Pastor Steve tell you that you have to stay for the entire meeting? You really don't need to. Thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 5-1 -- the resolution number is 14-1037. The proposed resolution number for Item 5-J is 14-1038. On Item 8 the resolution number on Item B is 14-1039. And Item 8-C and C-1 actually are two separate items. They are under a little bit of a different format, but they are two separate items. With those additions, 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 stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approval of the Mercer FY15 Statement of Work for Benefits Brokerage/Consulting Services B. Biltmore Estates Subdivision Sewer and Water main Easement C. Memorandum of Agreement with Meridian Development Corporation and Meridian Chamber of Commerce for a Project to Study the Feasibility of a Multi -Purpose and Event Center for City Commitment in an Amount Not -to -Exceed $14,500 D. Approval of Evergreen Sole Source Purchase for Sensus Water Meter Reading Equipment and Related Products from Ferguson Enterprises and Authorize the Purchasing Manager to Issue and Sign Purchase Orders and/or Contracts to Ferguson Enterprises for the Above Mentioned Products Meridian City Council December 16, 2014 Page 3 of 32 E. Project Agreement between Meridian Development Corporation and City of Meridian for Main Street Improvements: Islands and Historic Lighting F. Renewal of the Intergovernmental Agreement with Ada County Sheriff's Office and Boise Police Department for a Consolidated Records Management System G. Findings of Fact, Conclusions of Law and Decision and Order in the Request to Grant a Variance by Capital Christian Church Regarding a Proposed Change in Address. H. FP 14-043 Shallow Creek by A Team Consultants Located Southeast Corner of S. Stoddard Grove Road and E. Franklin Road Request: Final Plat Approval for Sixteen (16) Multi -Family Buildable Lots and Three (3) Common Lots on Approximately 5.84 Acres in the R-15 Zoning District I. Resolution No. 14-1037: A Resolution Approving the City of Meridian's Enrollment into the Federal Emergency Management Agency (FEMA)'s Community Rating System (CRS). J. Resolution No. 14-1038: A Resolution Establishing Appointments for Board Members and Alternates to the Valley Regional Transportation Authority De Weerd: Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda with the addition of the resolution numbers, authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 16, 2014 Page 4 of 32 Item 6: Community Items/Presentations A. Police Department: Department Recognition and Awards De Weerd: Item 6 is under our Community Items/Presentations. I will invite our police chief forward at this time. Lavey: Madam Mayor, Council, thank you for giving me time to speak this evening. I have done my best to try to fill the audience with police officers, but we still have some empty seats. I have got several items that I would like to cover this evening. I want to do some introductions. I have got a couple of awards I'd like to present and, then, a special recognition we would like to do as well. But if I could have Brandon Frasier, Rick Brockbank, Mark Ford, Chris Figal and Berle Stokes come forward and stand over here I would appreciate it. Madam Mayor, Council, this is kind of a special moment for the police department. As our city grows, our department grows as well, and not only do we grow in police officers, we actually grow in supervisors and command staff as well and tonight I'd like to take this opportunity to introduce you to two brand new corporals, two brand new sergeants, and, then, an additional member that's coming onto our command staff Berle Stokes. And if you would just allow me to read a brief history on each individual I would appreciate it. Brandon Frasier -- he's the tall one. Graduated from BSU with a degree in criminal justice in 2004 and began working full time in law enforcement in 2005 for the Canyon County Sheriffs Office. In 2007 he came to the Meridian Police Department, has worked in several areas of specialty within the department since then. Brandon is a fourth generation Idahoan and several members of his family have and still do work in enforcement. Monica, his wife, who is here today, of almost seven years, and Brandon are expecting their son Thomas Loren to be born any day now. Rick Brockbank. Rick. After graduating from Boise State, Rick worked for approximately ten years with the Idaho Department of Correction as a probation and patrol officer prior to leaving to work for the Caldwell Police Department in 2007. He worked for the Caldwell Police Department until October 2010 when he left to take the job with Meridian. He is married, has a son who has enlisted in the Air Force and is awaiting his orders. Mark Ford. Mark started as reserve deputy with the Gem County Sheriff's Office in 2003. In 2004 he left an 18 year career with Albertson's and went full time with the Gem County Sheriff's Office, including becoming a certified marine deputy. In 2006 he was hired by the Meridian Police Department where he has served as an officer corporal and an FTO. Mark is currently married to his wife of 21 years, Naomi, they have four children, James, Kimberly, Heather, and Jennifer. Chris Figal. Chris has been married to his wife Jana for 16 years and they have had two kids -- they have two kids. Conner is 15 years old and Kali is 13 years old. Chris graduated from the University of California at Santa Barbara in 1990 with a BA in psychology. In 1994 he joined the Long Beach, California, police department and in 2007 he joined the Meridian Police Department. Chris has worked as an FTO, bike officer, community police officer, and patrol corporal. Berle Stokes. He's the other tall one. Berle graduated from Boise State in 1998. Sorry, Bill. There is a theme here. Berle graduated from Boise State in 1998 with a bachelor's degree in criminal justice. That same year he was hired as a probation and patrol officer in Caldwell. In 2003 he was hired by the Meridian City Council December 16, 2014 Page 5 of 32 Meridian Police Department where he has served as a field training officer, canine handler, corporal and sergeant. Berle has been married to his wife Tracy for 22 years and they have two children, Allie 19 and Carson age 11. Allow me the opportunity to introduce the -- the new supervisors for the Meridian Police Department and after that we can have -- any of the family want to come forward and take some pictures we can do that as well. So, your new supervisors. (Applause.) De Weerd: Congratulations to each of you. You're familiar faces and we appreciate your leadership, your commitment to the City of Meridian, and we welcome you in your new roles. So, thank you for being here tonight. Lavey: Madam Mayor, Council, as exciting as that was, it gets even better. I have a couple of awards I'd like to present this evening, but I'd like to invite the Mayor down to join me. We'd like to -- her and I would like to present these awards to a few more officers. Please allow me to read this. This is a little lengthy. But I'd like to have Sergeant Stacy Arnold, Corporal Terry Hodges, and Officer Seth Washburn come forward, please. Stand in the same general area as the last people. Families can come forward and take pictures. They can even stand behind me here, get close, or whatever you need to do. Please allow me to read this. On October 22nd, 2014, Sergeant Stacy Arnold, Corporal Terry Hodges and Officer Seth Washburn responded to a report of a shooting where a five year old -- four year old boy had shot his two year old brother in the head. As Corporal Hodges and Officer Washburn entered the house they found the caregiver holding a severely wounded child. Corporal Hodges immediately took the boy into his arms and brought the child outside as Sergeant Arnold was arriving up to the residence. Realizing paramedics were still. minutes away and the best course of action was to transport the child by patrol car with Corporal Hodges holding him administering basic first aid in the back of the patrol unit. Along with Officer Washburn providing additional traffic control, they arrived at the hospital in less than 90 seconds. The hospital staff later reported that the crucial decision to transport the boy by patrol car allowed them to get the critical care he needed in order to survive the wound and to stabilize for transport. Sergeant Stacy Arnold, Corporal Hodges, and Officer Washburn distinguished themselves in the performance of their duties and, therefore, are recognized for meritorious action. (Applause.) De Weerd: I think the chief knows that having an emotional mayor sometimes is a real detriment to a meeting, but I think that we don't often thank our men and women in public safety often enough for heroic acts like this and I know many of you are -- are humble enough to say this was in the line of duty, but this was above and beyond and it's certainly one of those things that are the best example I can think of -- and I don't know why I didn't think of it before now -- of the Meridian Way. Your quick action saved a life and I can only imagine, because I know each of you are family men, that we couldn't immediately put ourselves in that same situation. So, I can speak on behalf of our Council and our Meridian City Council December 16, 2014 Page 6 of 32 community to thank you for your quick action, your quick thinking, and your concerns for that young life that you saved. So, our heart felt thanks to each and every one of you. (Applause.) Lavey: Madam Mayor. Council. I am happy to report that, as the Mayor said, the child did survive. He is down in rehab in Salt Lake City right now. He has a long road to go, but he's able to recognize his family. He is able to express emotions and he is able to communicate with his family. So, we are on the right track. If I could have Officer Shannon Taylor come forward. And if you would allow me to read this one. On November 9, 2014, Officer Shannon Taylor responded to a vehicle versus motorcycle accident. When Officer Taylor arrived on scene she discovered a 42 year old woman who was missing part of her left leg and bleeding profusely. Officer Taylor quickly applied a tourniquet to stop the bleeding and, then, found the 47 year old driver of the motorcycle. This driver had a traumatic injury and was bleeding profusely from a crushed leg. Officer Taylor called for a second ambulance and retrieved a second tourniquet from her patrol car and applied it to the motorcycle driver. Officer Taylor's actions were factors in saving the lives of these riders, therefore, earning her the lifesaving award from the Meridian Police Department. (Applause.) De Weerd: And, again, Shannon, we don't do very well at recognizing those acts of heroism enough and your quick thinking as with the first group saved lives and, again, on behalf of our community we -- we know the sacrifices that you have in making instant decisions and burden that you each carry with you as you perform your duty. What you did was incredible and we are very proud to say you're one of Meridian's finest and thank you for your service to our community, to our department, and for being an example for all of us. Thank you for being here. (Applause.) Lavey: Madam Mayor, Council, I'd just like to give you an update on this one as well. This accident happened in the neighborhood where we have some close friends and I heard that crash go out and so it really kind of attracted my attention to go look the next day to see what occurred there and see who was involved. When I read the report it was just unbelievable what Shannon faced and what she dealt with at the scene there remarkably well and I am happy to report that just last week we heard from the female victim and she is adamant that without Shannon's intervention she would not be here today and she wanted Shannon to be recognized and we explained to her that she was going to be. So, congratulations, Shannon. (Applause.) Lavey: Okay. We are going to turn the table just a little bit. We had a couple of traumatic situations that really had positive outcomes, but this is -- this is all positive. Meridian City Council December 16, 2014 Page 7 of 32 De Weerd: Well, it's kind of traumatic. Lavey: Well, it is traumatic, but in a different way. If I could have Lieutenant John Overton come forward and stand right over here and his wife can take pictures. Madam Mayor, Council, we are here today to honor 25 years of service to the Meridian Police Department in the City of Meridian by John Overton. John hired on with the city in September 30th, 1989. He has seen a major change from '89 to today and he's kind of our in -department historian to talk about where we were at and where we are heading and I don't know if -- I know that a lot of people don't know this, but when I came to Meridian in 1997 John Overton was the sergeant at the time that actually did my background. So, I don't know if that's good or bad. And it gets worse, because he actually was one of my training officers as well and I can tell you that when him and I sat in the police department in 1997 neither he nor I knew where we would be at today and it's been great working with John. It continues to be great working with John. He's spent the last nine years in community services doing a lot of community events and has been a strong focal point in MADC and he is taking on a new role as an administrative lieutenant and right now he is just swamped, because he is doing backgrounds and hiring like crazy. So, he was doing backgrounds in 1997 and in 2014 he's back to doing backgrounds. But I would like to allow the Mayor to say a few words and, then, I have some presentations for John. De Weerd: So, Lieutenant, I have had the privilege, Council, to working closer with Lieutenant Overton because of his work with the Mayor's Anti -Drug Coalition and have seen this propelled to national award winning levels, because of John's leadership. John has a passion for this, he is knowledgeable, and he really turned a project that seemed like the Mayor's project into a community asset, which it was always intended to be. Lieutenant Overton gets it. He does know what it is and the role that the police department plays in building community and, Lieutenant, I know you have had to make some tough decisions during your tenure with the department in numerous different ways, but probably the one that you did so gracefully is when we changed over from our own animal control to a contract. You handled that with grace, with sensitivity with our volunteers, and I know a lot of people really appreciated the leadership, the guidance that you offered this process, and to great outcomes. So, thank you for everything you touched in your community services and for helping move that dial. Oftentimes it's the guys in the red trucks that get the recognition, but you have shown a positive light on the role of law enforcement and how we can all better community partner with the police department because of the various roles that you have played in community service and we are truly grateful to your leadership in that regard. So, thank you so much. Lavey: So, John, we have the standard 25 year pin and the certificate and I'm just going to keep them here right now, because this other gift that we have for you weighs about ten pounds and so I don't want your hands to be full. But this is from the city to you. This is John Overton in appreciation of 25 years of outstanding service and, then, it has the Meridian seal with this clock. (Applause.) Meridian City Council December 16, 2014 Page 8 of 32 Lavey: Madam Mayor, Council, I know that we have taken up a lot of time this evening and I know that we have a fairly long agenda, but I just want -- once, again, want to say thank you for allowing me to give these special awards and this recognition in front of this venue. Thank you. De Weerd: You know, I would like to thank, again, our members of the police department for joining us and special thanks to your families. Maybe that's one other thing that we take for granted is the support system that you have at home and the sacrifices that your families have in -- because of your line of work and because of the kind of schedules that you have. So, thank you for being an essential lifeline in supporting these men and women in allowing them to do their jobs and they do them so well. So, our thanks to you. You are our unsung heroes as well. So, thank you for joining us this evening. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda Item 8: Action Items A. Close the Public Comment Period for the 2013 Consolidated Annual Performance and Evaluation Report for Meridian's Community Development Block Grant Program De Weerd: So, we will move to Item 8-A, to close the public comment period for our 2013 Consolidated Annual Performance and Evaluation Report for our CDBG. Kelly: Madam Mayor, Members of the Council, thank you for the opportunity to be here tonight and discuss the city's Consolidated Annual Performance and Evaluation Report with you. I'd like to briefly discuss the status of the project that we have done this past year -- this past program year 2013. To begin, Ada County Housing Authority and NHS, because of the programs that we had with them in the past based on 2011 and 2012, we were able to put two low income families in homes this last year from those prior year projects. We also completed construction on the 8th Street park ADA restroom facility, which was residual also from 2012 program year. 8th Street Park also saw construction of the picnic shelter this year, as well as Centennial Park ADA restroom was installed, too. Those two projects did complete. They just completed after program year 2013 had ended. The city initiated the Idaho Avenue street -- or street sidewalk project. That will continue into the next year. The size and scope of it just dictated such. The two fagade improvement projects, which were 128 Pine and 805 Main, those were completed during program year 2013. Those were residual from the MDC fagade improvement plan back from 2011 as well. Our public service projects saw some really great success. We had 60,000 people, almost, serve from the Meridian Food Bank, as well as 43 youth assisted in the Boys and Girls Club fee base program that they offer. All of which for the Boys and Girls Club were LMI, so they were all low income. I have noted on this slide the remaining administrative funds from 2013 were deobligated, so they will be reobligated, reallocated Meridian City Council December 16, 2014 Page 9 of 32 to eligible activities in the coming year. The sidewalk project and the Boys and Girls Club will continue into the spring. We except the Boys and Girls Club to fully draw down sometime in the middle of the spring. The two projects I have noted also in the previous slide -- the Centennial Park ADA and 8th Street picnic shelter are also fully drawn down and closed as of 2014. This slide is a quick look at prior year monies that were exhausted during program year 2013. Particularly of note is the fagade improvements project. That was closed this year and it had more money in it. It was about 40,000 dollars that was reallocated to projects such as the Idaho Avenue street -- or sidewalk project and the rest of it will be reallocated to eligible projects in the future. At this time the city's Finance Department agrees with the amounts and expenditures of the CAPER. The city's CFO is currently convalescing to return in January, so will be available for approval from HUD -- after HUD makes their comments. The public comment period was open on 1 December with the Idaho Statesman, as well as the ValleyTimes and up until about an hour before this meeting I had no comments. I did receive one comment. The summary of that comment is - it was Housing First advocacy, Housing First Solutions, which is simply the process of putting people into homes first and, then, caring for them afterwards if they need it, as opposed to treatment first or other programs. So, it was an advocate for that program. Also stressing economic benefits of housing affordability and what CDBG can do for those projects and stressing our continued participation and the continuum of care. Madam Mayor, Members of the Council, staff would recommend the public hearing and comment period be closed on the program year 2013 CAPER pursuant to any public comment at this assembly. Further, staff would recommend the adoption of the 2013 CAPER and forwarding of the document to HUD for review and comments. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: None. De Weerd: Okay. Thank you. Before I close the comment period, is there anyone who would like to provide comment on this item? Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further comments, I move that we close the public hearing for the Consolidated Annual Performance and Evaluation Report. Bird: Second. De Weerd: I have a motion and a second to close the public comment period on this item. All those in favor say aye. Any opposed? All ayes. MOTION CARRIED: ALL AYES. Meridian City Council December 16, 2014 Page 10 of 32 B. Resolution No. 14-1039: Approval of the 2013 Consolidated Annual Performance and Evaluation Report for Meridian's Community Development Block Grant Program De Weerd: Item 8-13 is our Resolution 14-1039. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Resolution 1039 for the Consolidated Annual Performance Evaluation Report. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Thank you, Sean. MOTION CARRIED: ALL AYES. C. Public Hearing for CPAM 14-002 by Clarence McLain for Amendment to the Future Land Use Map contained in the Comprehensive Plan to change the land use designation on approximately 2.92 acres from Low Density Residential (LDR) to Commercial De Weerd: Item 8-C is a public hearing for CPAM 14-002. 1 will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda this evening is the Tribal Comprehensive Plan map amendment and annexation request. As you can see here on the exhibit in front of you, the properties for the comp plan amendment consist of 2.92 acres of land and highlighted here are the three parcels here. The applicant is here this evening to discuss changing the comp plan designation on this property from low density residential to commercial zoning district. The two properties between Rolling Hills and South Topaz Avenue here are actually vacant ground or have buildings that aren't habitable and the annexation request itself only consists of a single parcel, which is located in between these two parcels here. You can see here -- what I have done on this graphic here is I wanted to show you the surrounding properties and the land use designations surrounding it and, then, also show what the current land use is and what the applicant is proposing. At the Planning and Zoning Commission and in my staff report I point out and the Commission did support staff's recommendation that the Meridian City Council December 16, 2014 Page 11 of 32 eastern most parcel not be part of the comp plan change. So, the recommendation comes from the Planning and Zoning Commission is only a recommendation to allow these two parcels changed from low densities to commercial. At that hearing we also brought up the larger issue with Planning and Zoning Commission. At the time -- because a lot of the properties surrounding this development are county residences, staff posed the larger question to our Commission as to whether or not they wanted to us to study a broader area. Basically initiate our own Comprehensive Plan map amendment in the future and look at these specific parcels that I have highlighted on the graphic to the left. The applicant coming forward has brought this to our attention and we feel more than likely will be an opportunity for this property to redevelop in the future given its proximity to not only the freeway, but also Overland Road. And so after your deliberations this evening on the Comprehensive Plan map amendment and this annexation request, staff is asking your direction as to whether or not you would want staff to move forward on studying these additional properties that I have highlighted here and see if you want us to initiate a comp plan amendment moving forward. The applicant is, again, only requesting to annex in one parcel of ground, which is approximately 1.44 acres. With the Comprehensive Plan map amendment proposed to go commercial, the applicant is requesting to annex in with a C -G zoning district. Because this is only an annexation staff has recommended or required a concept plan for you to review this evening. The concept plan in the upper left-hand corner here shows you what the applicant plans for the current use of the property. He actually installs fire suppression systems in commercial buildings and so this building would operate at this time or propose to operate with a flex space building, so office -warehouse. You have an ancillary piece right here along Overland Road and primary access to this development would come from Rolling Hills Drive. In the applicant's request this evening they are asking for Council's action on a reduced landscape buffer along the north boundary. Because there is an adjacent residence, the UDC does require a 25 foot wide landscape buffer. On this concept plan this evening the applicant is seeking a waiver to reduce that 25 foot wide landscape buffer down to a ten foot wide landscape buffer. And the reason behind it is primarily to facilitate not only the curb cut, the access to Rolling Hills Drive, but if you look at the concept plan in the lower right-hand corner staff has a recommended DA provision requiring cross -access with the adjoining property and so in order to facilitate that and limit access points in the future to Overland Road, staff is supportive of that reduced buffer and as I get to those DA provisions you will see other provisions we have in place to further support that reduction. The application has also provided a conceptual elevation for you this evening. The building materials include a mix of rock, stucco, and, then, glass and, then, metal awnings similar to what you see on the Zamzow's, which is just west of this -- met with staffs direction to the applicant during the preapplication and input. The Planning and Zoning Commission did recommend approval of this at their November 20th hearing. Because the applicant is requesting annexation and the proposed use only requires a certificate of zoning compliance and design review approval after the annexation process, staff is recommending a minimum of these DA provisions for you this evening and I will run through those very quickly. The first one requires compliance with the submitted concept plans and those building elevations. In my staff report I did recommend that they provide revised elevations for you this evening and they have provided that documentation. The other item as I alluded to, the applicant is requiring -- requesting that reduced buffer. In Meridian City Council December 16, 2014 Page 12 of 32 order to allow that or support that request staff has limited the use of the property and the hours of operations on this site, so nothing could operate beyond 6:00 a.m. and 11:00 p.m. and, then, as far as uses on the property we have limited them to four specific uses moving forward. Direct access -- direct access to Overland Road is also being restricted with a development agreement and we, again, are requiring cross -access with the adjacent property and that would have to be constructed with his flex space building. So, not get it later, but figure where that's going now and get it constructed, so when that property to the west develops they will know they have to take access to this site as well. And, then, as I mentioned to you, future certificate of zoning compliance application and, then, also because they are an accessory storage yard for the flex space building, if you notice -- if I can step back here to the building elevation, you can see that the applicant is proposing decorative fencing along the Overland Road side to compliment the design of the building. So, we have required that they comply with that as well. As I mentioned to you, Planning and Zoning Commission did recommend approval of this application at the November 20th hearing. Testifying in favor was Cherese McLain and Clarence McLain, who are the applicants on the project. No one testified in opposition and Matt Reese commented on the application. Two items of discussion at the hearing. One was the timing and the changes to the concept plan and the elevations. As I mentioned to you, those changes are reflected in my presentation this evening and the other item of discussion was commissioning staff again to further -- further analyze the adjacent low density residential properties and the medium density residential property in the area. And so in closing staff and Planning and Zoning Commission, again, did recommend approval. We are asking to take -- deliberate on this application and as you wrap that up if you wouldn't mind providing comments -- providing comments to staff on setting the other land use designations in the area as well. With that I will conclude my presentation and stand for any questions. De Weerd: Thank you, Bill. Mr. Zaremba. Zaremba: Madam Mayor, I'm -- this is a semantic thing, but would you go back to the -- not requirements. The conditions -- proposed DA provisions I mean. Okay. Thank you. In number E -- paragraph E, the second sentence, with a change of use from flex space to any other allowed use noted in Provision C above, the accessory outdoor storage shall cease to facilitate cross -access. I don't -- I know it could be read the way that you described it, but it could also be read that the storage is going to stay and cease to facilitate cross -access. So, this is a semantic thing to say maybe put a comma after cease and, then, instead of to -- say for the purpose of facilitating cross -access. Something to that effect. To make it clear to a future reader several years from now that it's the storage use that will cease and not the cross -access that will cease. Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, those are points well taken and we can make those modifications for you. Zaremba: Thank you. Meridian City Council December 16, 2014 Page 13 of 32 De Weerd: Any other comments from Council at this point? Is the applicant here this evening? Good evening. Thank you for joining us. If you will, please, state your name and address for the record. McLain: I will, Mayor. Cherese McLain. 950 West Bannock, Suite 520, Boise. 83702. Also with the firm Moore, Smith, Buxton, and Turcke. De Weerd: Thank you. McLain: Thank you, Madam Mayor. I guess I was looking at the report -- I do want to say that working with Mr. Parsons has been a great pleasure. In fact, the entire department has been very helpful. This request kind of came as a unique one initially and as it played itself out the Planning Department kind of identified that this is kind of a funny little enclave -- or has become an enclave. It is surrounded every which direction, besides to the north, which is the interstate, with commercial uses and very likely the remainder of what is the residential or farming, you know, there is a big chance it's going to be some sort of mixed use and/or commercial use and so I encouraged the city to explore looking at the uses over there from low density residential to -- to something else. That is what we are requesting tonight. This current lot is kind of an anomaly as well. As stated at the Planning and Zoning hearing this is a -- it's just a vacant lot within a subdivision. So, it's just right on the Overland frontage and it makes little sense, as indicated by the requirements of your planning department to not have a direct access onto Overland Road. We are happy with going straight onto Rolling Hills accessory access off of Overland Road. As you guys know in the CIP plan Overland is going to expand to seven lanes because it's a very high traffic area and we think it would make sense to have a light commercial use there right now. I did note in the traffic report it seemed like the amount of traffic stopped -- or traffic was going to be -- it seemed a little high. His traffic is very low, actually. He is going to have his employees in there in the morning picking up supplies if they are even at that site -- at that site. Most of them are actually to a construction site they are working on. So, it's really low actual traffic that -- the impact turning on and off is I don't think going to be as high as the report indicated. Nonetheless, it doesn't look like it's too extensive from the report. At the neighborhood meeting, as Bill pointed out, there was actually a lot of interest expressed. They weren't contiguous, so they couldn't really participate in this process, but there was a lot of interest expressed in their low density residential being explored. It is an older neighborhood that he's in and there are some vacant lots that kind of jump around there that may be better served as not being low density residential and so I encourage you to do that. We are seeking a buffer -- the buffer waiver is at ten feet and, you know, Bill is right on, I will try not to be too redundant. We provided a draft cross -access agreement. We are more than willing to provide that cross -access agreement to the other neighboring property and the site -- the conceptual plan shows that and with that it makes that full buffer much more difficult, but we have no problems with the limitation that the Planning Department suggested, including the reduced work hours, as well as the -- for four uses of kind of a light commercial professional service building in the event that changes to a flex space. Right now it would just be operating his business with a storage yard in fact. I mean we are pretty easy, actually. Bill's suggestions -- the Planning Department's suggestions we have Meridian City Council December 16, 2014 Page 14 of 32 very little heartburn with. We are more than happy to comply with everything in the DA and, of course, follow the design review requirement, as well as the flood plain requirement. And with that does anyone have any questions? Like I said, this has been pretty pleasant for us. We don't have a whole laundry list of requests we are asking you to waive from the code, so -- De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none at this point. Borton: Madam Mayor? De Weerd: Okay. Mr. Borton. Borton: Was there any concerns when staff recommended not going forward with the map amendment east of Rolling Hills? Is that -- McLain: No. And I -- just to speak to that, when we first came in for the pre -application meeting or follow-up meeting there was an express desire, which makes complete sense to see if there was alarger group of property owners that may want us to change the map and I think the answer is actually yes. They just weren't contiguous. The three neighbors that were originally part of this application for the map change just all happen to be contiguous and adjoin onto that property and were supportive of it. So, we include them on the application. But he doesn't plan to make any change to his land anytime soon, he just had a preference of changing the use. So, that's really the only reason why they included it on the application. Cavener: Okay. Thank you. De Weerd: Any other questions? Okay. Thank you. McLain: Thank you, Madam Mayor. De Weerd: Is there anyone who would like to provide testimony? Please come forward. Thank you for being here with us tonight. If you will, please, state your name and address for the record. Burak: My name is Steve Burak: I live at 1525 Rolling Hills Drive. I'm the property next to where he is looking for the landscape easement or the -- to reduce those dimensions there. You know, I have a young family there. We have worked very hard to make this our first purchase, you know, and we are just really looking at this with -- him doing that it puts their building right next to our bedroom. I mean they -- they are going to be less than 20 foot away from our home by the time they get their building in there and that's not good for us. I mean, you know, this is a real family oriented neighborhood and, you know, this Meridian City Council December 16, 2014 Page 15 of 32 is not what most of the neighborhood wants, as opposed to what he says. The only reason that lot was even vacant was two years ago when my property was originally purchased to the owner before me, they split that property. Up until then it had always been one piece of property. So, it's not that it sat vacant for all these years, it's only been two years. I wasn't very well prepared for this. I guess that's really my concerns or my comments. Thank you. De Weerd: Thank you, Steve. Is there any further testimony? Okay. I would ask for the applicant to make any closing remarks and perhaps you can address this gentleman's comments. McLain: Madam Mayor and Council, if you look at the conceptual plan -- it's kind of hard to see, but there is a ten foot buffer that we are requesting and, then, additionally, before you even get to the building it's 25 foot and, then, an additional five foot separation -- 25 foot drive itself and, then, the separation. So, it's over 35 feet before you even get to the building and, like I said before, the reason for the buffer reduction is for the way that the driveway, in order to provide the cross -access. So, as far as sound, I -- I'm willing to work with -- with the planning department. I don't believe there is going to be a whole lot of sound. There is not really construction going on at the site itself. Like I said, it's more of a storage area than an office for this business. So, I don't necessarily think 35 feet will be insufficient to block out -- block out the noise and I will welcome Bill to make any comments as well, but there is more than that ten feet, there is that whole driveway and space beyond the landscaped buffer that we have provided in the concept plan specifically for some of that concern, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How much fabrication will you be doing in your shop? This is a sprinkler system that -- McLain: It is. Bird: You don't do a whole lot of fabrication at -- McLain: Not a lot, but there will be some fabrication, some light welding usually on the joints. A lot of this is actually -- quite a bit is prefab, but there are -- obviously buildings get built and architects get creative. Bird: And it's all done inside? McLain: So, there will be some prefab. At the hours -- they have until 11:00 p.m. We don't even need that. I mean we are talking within the -- the 9:00 to 5:00 more realm. So, maybe that would be a middle ground we could reduce some of the work hours on that. Meridian City Council December 16, 2014 Page 16 of 32 Certainly the fabrication doesn't mean it's going to develop at night, but there will be some light fabrication, you are correct. Bird: But it would all be inside? McLain: Yes. Bird: No outside. McLain: Not that I'm aware of. No. De Weerd: Any other questions? Mr. Zaremba. Zaremba: Is there any kind of fencing or other barrier between the two properties, yours and the one to the north? McLain: I believe there was a proposed fence. There is a privacy fence that was asked -- that is on the site plan for visual aspect, a cedar privacy fence. And I believe it was difficulty with -- there is a five foot cedar privacy fence that runs right along the northern part of that in addition to the buffer, as you can see on the site plan. Zaremba: Thank you. McLain: Uh-huh. De Weerd: Okay. Any-- Zaremba: Madam Mayor, I may have a question for staff, I think, and I'm wondering whether -- if we do approve the reduced landscape buffer -- always thinking of what if you sell the property before you actually build it and somebody else comes along and builds and they flip their plans, so that they do put the building up against the landscape buffer, can we add a provision in the DA that says that even with a reduced landscape buffer the building cannot be any closer than 30 feet to the property line or whatever that measurement should be. Can we do that? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, it's a development agreement, so certainly if you want to call out a specific location of that or a dimension from that north property boundary for the building, we can certainly add that. Right now as the provision is written it says you need to comply with the concept plan, which shows that delineated, but if you want something more specific than that, certainly by all means add that language to the development agreement and we will make sure it gets in there. Zaremba: I think my concern is, again, not whether this owner would do what we are expecting, but I think that could be missed if it changed hands. So, I would ask for that additional wording if possible. Meridian City Council December 16, 2014 Page 17 of 32 McLain: For what it's worth the applicant doesn't object to that language change. Zaremba: Thank you. Hopefully you will build what you plan to build -- McLain: That is the plan. Zaremba: It happens and we get bit every once in awhile by -- McLain: Fair enough. Zaremba: -- change of hands. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: What about -- you're a higher fence or -- you know, we are minimizing that to -- the distance from here to you and if this house is really that far back, that seems very close to be having a driveway or a lot of traffic -- cars literally driving. Could we do a higher fence or a brick fence -- you know, a wall rather than just a five foot -- a five foot cedar fence seems somewhat inadequate. McLain: Well -- and I can briefly speak to that. I -- it was not the applicant that requested the five foot fence and I have not perused all of your regulations. I would imagine design review would have some issues about that as well. And do still have to go through the design review process. Five foot I think is kind of a fairly typical commercial height -- height for it. As far as a wall, I do have some concerns about the additional cost. I'm not really sure what a brick wall would cost. Certainly some height in the fence if that's what you guys wish, I think we could work it out, but there is still a ten foot landscape buffer that design review will specifically go through and determine which trees do best for sound buffering, et cetera, and that's still ahead of us. So, we don't end here, but I think that we could do some fence height changes. I think it's probably just a part of your regs. Just a lucky guess, so -- Milam: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't have concerns after what Bill said that in the DA that it's off of this concept plan, which shows the ten foot buffer, plus 25 feet, and all you're going to be doing is running trucks once in awhile back between there and employees once or twice a day will be running by there, but I don't have any problem -- and, then, if they -- if they don't -- if it isn't built -- if they sell it and it's built to some other concept, it don't go. The DA -- the DA Meridian City Council December 16, 2014 Page 18 of 32 is nullified, because the DA right now says per this concept plan, am I not right, Mr. Parsons? Parsons: That is correct Bird: So, I -- I don't have no worry. I think the homeowner is very well protected and I -- I think the concept plan is protected myself. Parsons: Madam Mayor, Members of the Council, if it is the desire of the Council to have a greater landscape buffer along the north boundary or a taller fence, the ordinance requires a minimum of a six foot tall fence to screen the storage yard, so the commercial zoning district would allow a maximum height of up to eight feet. The other option the applicant can pursue, if it's your desire, is they -- on the concept plan here the -- this roadway, at least -- it's an entryway corridor, so the UDC does require a 35 foot wide landscape buffer along Overland Road. If you want to create a greater buffer on the north boundary and less of a boundary and get the building closer to the street, the applicant also could go through the alternative compliance process and reduce that landscape buffer along Overland and increase the buffer width on the north boundary. So, rather than getting a 35 foot landscape buffer on Overland, you could reduce it to 25 or 20 and have a 20 on the -- on the north boundary. There is flexibility there within the ordinance as the applicant moved through CZC and design review process. De Weerd: Bill, what you really can't tell from the -- what is north of -- of this proposed development, is it all housing? Parsons: Madam Mayor, Members of the Council, it is single family residences within the county, yes. De Weerd: And how -- those are larger lots, so how close would that house be to -- Parsons: I wish I could get to Google Earth here for you. See if I can get down here. Madam Mayor, Members of the Council, in looking at Google Earth here on the tablet, I would suspect it's more than likely be about ten feet from the property boundary. Ten to fifteen feet. A single family residence would be from the north property boundary. McLain: And, Madam Mayor, I would add -- thanks for the clarification. That my eyes failed me. That is a six foot fence, not a five foot fence. It's tiny on this little eight by 11. It is a six foot fence going around it and, then, as pointed out -- and thanks for doing that. The 35 foot buffer off Overland will actually reduce substantially the noise he's currently -- that property owner is currently hearing from the Overland site. So, any potential additional noise is actually from the business operation itself, but the noise coming off of the five lanes, to be seven lanes, is actually being buffered by the 35 foot. With that during design review, we are more than willing to be flexible with -- with shifting as we may in order to accommodate the buffers that are needed to just that neighbor, but this property sits right on Overland. Directly across is a very large agricultural farm that my understanding is going to be developed in the fairly near future and in a mixed use Meridian City Council December 16, 2014 Page 19 of 32 business catty -corner to the right. So, it does have kind of a big gap besides the big Overland Road and intersection to its west. To kind of visualize. Sometimes it's hard to visualize the things, but to try and help you guys out on that. De Weerd: Isn't technology nice? Okay. Any other questions from Council? Bird: I have none, Mayor. De Weerd: Okay. Rountree: Madam Mayor, just a question for Bill. And on that graphic is the 35 foot for the setback landscaping on Overland, is that from the back of sidewalk or is that from the back of curb? Parsons: Madam Mayor, Members of the Council, Councilman Rountree, in this particular case there is an existing detached sidewalk -- or attached sidewalk, so it would be measured from the back of sidewalk. Rountree: But typically don't we include the sidewalk in that measurement? Parsons: We do if it's a detached. Rountree: So, could it not be included and brought that front landscaping up and balance it with the back? Parsons: I believe if that's the desire of the Council to do that, I think alternative compliance, we could say measure from the front edge of the sidewalk or include that sidewalk width within the landscape buffer and add that landscaping on the north boundary. Rountree: That's typically how we would measure it on a new development that just didn't have a brand new county road on it. That would be my suggestion. De Weerd: Okay. Any further comments? McLain: Just -- we wouldn't object to that. We are more than willing to try to work with these landscape buffers to make it work. Rountree: Works for me. De Weerd: Thank you. McLain: Thank you. De Weerd: Okay. Council, any further questions for the applicant, staff, or the neighbor? Meridian City Council December 16, 2014 Page 20 of 32 .Rountree: I have none. De Weerd: Okay. If there are no comments, I would entertain a motion to close the public hearing. Bird: We just did the C, didn't we? De Weerd: Pardon? Bird: You just opened up C, you didn't open up one, did you? De Weerd: Oh. No, I didn't. Bird: Okay. De Weerd: This is the public hearing for Item 8-C. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close CPAM 14-002. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CPAM 14-002 with the conditions of going from the front setback off of Overland from the edge of curb, not the edge of sidewalk, and adding -- whether it's a five or a seven foot sidewalk, I don't know. Adding -- it's a seven foot. Adding that seven foot to the north boundary for -- to give that a 17 foot boundary there and also in the -- in the DA make sure that the extra lettering is in there that this will be built as per the concept plan as shown and passed on right now. Rountree: Second. De Weerd: I have a motion and a second. Would that include the changes that Councilman Zaremba suggested? With the comma and the -- I guess the -- Meridian City Council December 16, 2014 Page 21 of 32 Zaremba: The semantic change to -- Rountree: The semantic change. De Weerd: Yes. Zaremba: Make it clearer to a future reader. De Weerd: Yeah. And I think it does -- Zaremba: If that's included. De Weerd: -- add clarity to it. That includes -- Bird: Yeah. Oh, yeah. De Weerd: Second agree? Rountree: Second agrees. De Weerd: Okay. Okay. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. 1. Public Hearing for AZ 14-013 for Annexation of approximately 1.44 acres from R1 zoning district in Ada County to the C -G (General Retail and Service) zoning district for Tribal Fire generally located north side of E. Overland Road and east of S. Topaz Avenue De Weerd: Item 8-C1 is a public hearing for AZ 14-013. 1 will open public hearing with staff comments. Parsons: Madam Mayor, I think you just acted on that with the travel flyer, so that was supposed to coincide with that comp plan amendment. De Weerd: So, we would include all public comments under this item for the record. Council, anything further on this item? Bird: Madam Mayor, yes, there is. De Weerd: Mr. Bird. Meridian City Council December 16, 2014 Page 22 of 32 Bird: And I forgot to put it with my deal. I would like the staff to go forward at looking on the area around there as suggested and I would like to have included that in my motion, which I didn't say it, but I meant it. That was part of the -- of the comments, so if it -- De Weerd: Mr. Bird -- Bird: -- if we need a motion I will make a motion that we go ahead and study the surrounding area as suggested by staff. De Weerd: I don't think that needs to be in a motion, just direction to staff. Would the applicant have any additional comments to add to the public record? Any members of our public have any comment to add? Okay. Council, would you like to close this public hearing? Bird: I move we close AZ 13-013. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C1. All those in favor say aye. That was an enthusiastic aye. But that is closed. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve AZ 14-013, to include staff and applicant comments and all of the testimony that was provided in the CPAM 14-002 in this public hearing. Bird: Second. De Weerd: I have a motion and second to approve Item 8-C1. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing for PP 14-016 by Walmart Real Estate Business Trust for Preliminary Plat approval for five (5) commercial lots on approximately 26.16 acres in the C -G zoning district for Coleman generally located northwest corner of N. Ten Mile Road and W. McMillan Road Meridian City Council December 16, 2014 Page 23 of 32 De Weerd: Item 8-D is a public hearing on PP 14-016. 1 will open the public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Coleman Subdivision. It's currently located on the northwest corner of North Ten Mile Road and West McMillan Road. Developed -- currently developing on this site is the 160,000 square foot Walmart store -- retail store. The applicant is here this evening to subdivide the property from a single parcel into five commercial buildings on approximately 26.16 acres of land, just basically to have buildable pad sites to sell off and get additional users in the area. You can see here that the area is primarily surrounded by either undeveloped residential or undeveloped commercial properties ready for development moving forward. The Comprehensive Plan for this property is commercial, consistent with the existing C -G zoning on the property. Lot 3, Block 1, will consist of an existing Walmart store, which is central to the development and, then, you can see the three -- the four additional pad sites -- or lots are located in the northeast corner and the southeast corner of the development. All access points and landscaping were approved with the certificate of zoning compliance last year. I will highlight those very quickly for you. So, there is a full access to Ten Mile along the north. Moving south the additional access point here onto Ten Mile is a right -in, right -out only. The access point on McMillan Road in this location moving west is right -in, right -out only and, then, with -- in conjunction with the Walmart construction the adjacent property owner actually deeded this road A right of way so that Walmart could construct it with a development -- with their development. Walmart also entered into a cooperative development agreement with ITD and ACHD for the signalized intersection improvements there at Chinden and Ten Mile as well. Here, again, is the approved landscape plan. The UDC requires 25 foot landscape buffers along Ten Mile and McMillan Road and a 20 foot wide landscape buffer is required along road A on the east boundary. Again, this plan has been approved and is currently under construction. When this property came before you in 2008 with the comp plan change, staff did recommend a development agreement modification and as part of that DA there was a design collage that was approved for the development of this site. So, there are specific elevations and design criteria tied to this property, so there aren't any elevations to show you this evening, but since the property does have an existing governing DA staff felt that it was appropriate covered under that separate document. The Planning and Zoning Commission did recommend approval at their December -- or November 20th hearing. The only person testifying in favor was Kent Brown. The Planning and Zoning Commission did not discuss any additional items. They felt it was a fairly straight forward subdivision before them and to my knowledge there aren't any outstanding issues before you this evening. The applicant did submit written testimony in agreement with the Commission's recommendations. This will conclude my presentation and I will stand for any additional questions you may have. De Weerd: Thank you, Bill. Council, any questions? Zaremba: Madam Mayor? Meridian City Council December 16, 2014 Page 24 of 32 De Weerd: Mr. Zaremba. Zaremba: Bill, you mentioned that elevations, which we are not seeing. Maybe I could ask the applicant this, but I will ask you first. The treatment of what would be the back of the building -- the back of the building is going to face what will be a public roadway, road A. Was there anything in the elevations that dressed up the back of the building, for the appearance from that public roadway? And I'm thinking of what we required of the building that eventually became Kohl's I think it was on Eagle and Ustick and some other places where the loading dock area and, essentially, the back of the building is going to be visible and in those elevations -- De Weerd: Mr. Zaremba, will you talk into your microphone, please. Zaremba: Yes. Sorry. The -- I have stated my question. What's the appearance going to be from the roadway? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, the architecture on that building does mimic some of the same design principles on the other fagade. So, that has been addressed. It is part of the development agreement that there be four sided architecture, depending on which roadway it does face. In this particular case that is a collector roadway and I did the review for that Walmart store and I can assure you there was a mix of materials to compliment the rest of the facades out there. So, moving forward with those design principals will have to apply with the pad sites as well. Zaremba: Great. Thank you. De Weerd: Any other questions from Council? Mr. Rountree. Rountree: Madam Mayor. Bill, the lot that would be in the southwest corner, right -- yeah. Just west of that. Between the parking lot and the road. I can't read what's on that. Is that -- Zaremba: That's for storm water. Rountree: Okay. That's water storage. I couldn't tell if that was a building lot or not. Do we have any restrictions on the drive-thrus? And the reason I ask that is I have observed lately with a lot of these new developments that a lot of drive-thrus come in and particularly on major access points under these areas there is a tremendous amount of conflict and you're getting some people stuck out in traffic where they shouldn't be. So, I'm wondering if we ought not to look at at least -- like on lot -- I believe it's six up in the -- yes. That lot. Restricting any drive-thru in that particular area. Just because of the conflicts that we are starting to see in some of those situations. Or they have to be designed a lot better than some of them that we have got going on now. Parsons: Madam Mayor, Councilman Rountree, the DA does not restrict any specific uses on this property and I'm not sure if we can actually do that with a plat. But anything Meridian City Council December 16, 2014 Page 25 of 32 in this -- anything within the pharmacy drive-thru for the Walmart store, would trigger a conditional use permit if it is within 300 feet of that. More than likely this one on this pad site would not trigger a conditional use permit, it would be subject to our design standards and the code for the drive-thru use. Rountree: Maybe we need to look at that in the future. Parsons: Yeah. We have talked about it internally a few years ago, but certainly if that's the Council -- direction of the Council we can certainly entertain that and open that up with a UDC amendment as well or code amendment. Rountree: Thank you Parsons: Yeah. De Weerd: Well, Bill, if you and Madam Clerk would, please, note that as a future topic. Okay. Any further questions from Council? Okay. Would the applicant like to make comment? Good evening. Brown: Good evening. De Weerd: What a beautiful Christmas tree we have, right? Brown: It is a gorgeous tree. De Weerd: Your wife did a marvelous job with it. Brown: My wife had a lot of good help and appreciated you letting her do it. She -- she gets a great pleasure out of making pretty things and she was happy to do that. De Weerd: Well, she did have a great volunteer team with her. If you will, please, state your name and address for the record. Brown: Kent Brown. 3161 East Springwood, Meridian, Idaho. De Weerd: Thank you. Brown: Bill has covered I think everything very well. The -- basically, you have a concept that's been approved, DA, and we are throwing down some property lines is all that's taking place. We are not doing any new right of way, we are not doing any new parking or drive aisles, it's all been previously approved and designed and in the time that it's taken for me to get to you the landscaping has been installed, the pad sites -- if you drive by you can see exactly where those pad sites -- and they got grass going right up to where those pad sites are and I would be before you with a preliminary/final if your process would allow it, but it does not. So, I get the opportunity to come back. So -- Meridian City Council December 16, 2014 Page 26 of 32 Rountree: We like to see you, Kent. Brown: I know you do, but it would be really nice if you would increase that, if that would be something that could be a little more flexible, a preliminary/final. You have projects similar I guess. Even if you had right of way that -- city of Boise doesn't have a restriction. When I worked there I had a 200 lot subdivision preliminary/final that they felt real confident about and I had to -- but if you would just increase that I think it would be a nice thing. Do you have any questions? Bird: I have none. De Weerd: Thank you. Brown: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to offer testimony on this item? So, Kent, the only question I keep getting is when does it open. The Walmart. Brown: I don't know. De Weerd: Gosh. I think we need to continue this public hearing. Okay. Anything further from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we close the public hearing on PP 14-016. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. Did I hear everyone say aye? Okay. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-016 and to include all staff and applicant comments. Milam: Second. Meridian City Council December 16, 2014 Page 27 of 32 De Weerd: I have a motion and a second to approve Item 8-D. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Fire Department: ACCEM Joint Powers Agreement Discussion De Weerd: Item 9-A under Department Reports. Council, this item is in front of you today as an ongoing discussion on giving authority to sign the ACCEM Joint Powers Agreement. There have been several comments in terms of maybe state a concern as -- as to the approval of -- of projects and the city's ability to have a weighted say in that, as well as understanding better the rolls, the responsibilities of the cities and this particular department. I will tell you at our last executive committee meeting we did talk and approve the items for grant consideration and in that discussion it was requested that a -- a rating form, for lack of a better word or name, be presented at a special meeting in late January or early February that would give weighted criteria to grant requests to the FIRA, to the priority items and so there are greater transparency and accountability to what is being considered and through that it allows, in my opinion, a greater ability to show how it all relates and makes it more difficult, in my opinion, to turn down something that is tied strongly to a plan. It has the accountability to moving certain priorities forward of the executive committee and with TAG's assessment and help and kind of, essentially, accomplishes some of the -- the item of concern in your discussions. The second thing that will happen at this meeting in January or early February is a discussion on rolls and responsibilities of the cities that -- the districts and ACCEM and getting details to those. I think there has been a lot of positive conversations in the TAG group, as well as at the executive committee that have been addressing many of the items that you brought up of concern and I will say that perhaps -- and maybe I'm overstating it and, again, this is my opinion, is you help bring that conversation to fruition to highlight the -- the concerns of yet to be defined processes and accountability. So, chief, is there anything that I might have missed and maybe didn't so politically well say? Niemeyer: Madam Mayor, Members of the Council, thank you. I did come to you awhile back with some concerns over the agreement, as you represented, to emergency management and preparedness and two primary concerns that I had was that lack of clearly defined rolls and responsibility and the Mayor's update that she gave states that is moving forward in a positive direction. So, that's a good thing. My second concern was the training and exercise plan and how is that going to lay out and who is going to execute it and in your packets you have a copy of a two year training exercise plan. This is a great start. We have some work to do, but I'm positive we can get there. So, I do want to echo the Mayor's comments and thank Council for taking your time on this issue. I think that Meridian City Council December 16, 2014 Page 28 of 32 was a good thing and we are moving in a positive direction. So, I would support your direction that you take tonight, whatever that is. De Weerd: And we do have Joe Lombardo and Crash in the back. If you have specific questions or, Joe or Crash, if you have any comments I'd certainly invite you forward to provide comment to the Council. No. That's Crash. Lombardo: I believe that is his given name. I don't know what his given name is. But good evening, Madam Mayor, Members of the City Council. My name is Joe Lombardo, I am the training and exercise coordinator for Ada County emergency management. Crash. Marusich: My name is Crash Marusich. I do public education and mitigation with our agency. Lombardo: So, you know, we have heard the recommendations that you have given us and be careful about how much I can say on behalf of the county, but I think it was well received. I can say personally as a certified emergency manager from the International Association of Emergency Managers and a professor of emergency management here in Meridian at ISU your concerns were spot on. Those are the types of things we should be talking about and we should articulate to you how we have been doing those things. So, we look forward to working with Council, working with your officials that you have given us, Chief Niemeyer and Chief Lavey and others we have had some great conversations with to date. So, we look forward to continuing our partnership and reporting out to you how we are moving forward on all that. De Weerd: Thank you, Joe. Lombardo: Thank you. Any questions? Bird: I have none. De Weerd: No. So, Council, again, appreciate your role that you played in furthering the conversation and helping us underscore the need for that conversation and putting it in front, so we could address it. B. Resolution No. 14-1029: Resolution Approving Joint Powers Agreement for Emergency Management Services in Ada County Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: To not delay anything, while I was one of the biggest concerns -- I still have a concern, but I think we have got a lot of the problems solved, so I would move that we approve Resolution 14-1029. Meridian City Council December 16, 2014 Page 29 of 32 Milam: Second. De Weerd: I have a motion and a second to approve Item 9-13, Resolution 14-1029. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: And I will say while this isn't solved, the conversation is happening and there is a strong commitment from the various parties to stay on top of these discussion items and find a resolution that works to the best of emergency management planning and response. So, thank you for sitting through an entire -- almost an entire City Council meeting just to introduce yourself and -- and we do appreciate both of your roles in this and look forward to progressing in these things. And as I said in the executive committee meeting, don't want to see this left undone a year from now. Just saying. Okay. Enough said, right? Item 10: Future Meeting Topics De Weerd: Okay. Under Item 10, future meeting topics. Is there anything for consideration for future agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Two separate comments if I may. The first one is I very much enjoyed the police promotion ceremony. I have received -- and I think most of us have received an invitation to tomorrow night's fire department promotion ceremony and award ceremony. I guess my question to the chief is is that open to the public? And while he's coming back to the microphone, it starts at 6:00 o'clock in this chamber tomorrow night. Niemeyer: Councilman Zaremba, that is correct. 6:00 o'clock. And that is open to the public, yes. Zaremba: So, everybody knows that. And the other is as I understand it we are not having a meeting on the 23rd, week from now, but I heard a rumor I think that we might be putting back the 30th? Is that -- De Weerd: For a Consent Agenda only. Zaremba: So, it would be a short meeting, but there is a meeting Meridian City Council December 16, 2014 Page 30 of 32 De Weerd: It will be a short meeting, but there is a meeting. Zaremba: Okay. Thank you. Holman: Madam Mayor? De Weerd: Yes, Mrs. Clerk. Holman: I believe there was a discussion about possibly having it earlier in the day that day if that works better and I don't know if we would be a quorum here, but I don't know if we want to discuss the time of the meeting or have it at 6:00 o'clock in the evening, since it's a special meeting. De Weerd: I think I will defer to those that have jobs. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would say that I could make it as early as 1:00 o'clock, but not earlier. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I would be unavailable until probably the 6:00 o'clock hour, but if it's consent I wouldn't throw up any objection -- I could call in or I would be fine -- if everyone wants to meet earlier and I don't attend I'm okay with that. De Weerd: Okay. Holman: Madam Mayor? De Weerd: Yes. Holman: I can just send an e-mail to everyone tomorrow and get a consensus and, then, talk to you about it at the end of the week. Does that work? De Weerd: That would be perfect. There is some things you shouldn't solve up here. Zaremba: Madam Mayor? De Weerd: Although we ask you, Council, to solve things all the time, so -- sorry. Yes, Mr. Zaremba. Meridian City Council December 16, 2014 Page 31 of 32 Zaremba: I would comment if we are going to come in anyhow, I don't mind conducting business. De Weerd: No. It's Consent Agenda only. Zaremba: Okay. Item 11: Executive Session Per Idaho State Code 67-2345 (1)(c)(d)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: So, Council, before I have a motion to adjourn into Executive Session I will tell our students that are in the back we do have a City of Meridian pin for lasting through a City Council meeting. Madam Clerk will bring that to you afterwards. So, Council, with that said, do I have a motion to adjourn into Executive Session? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c),(d) and ft Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:29 p.m. to 8:29 p.m.) Rountree: Motion to come out of Executive Session. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 16, 2014 Page 32 of 32 De Weerd: Do I have a motion to adjourn? Rountree: So moved. Zaremba: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT P.M. (AUDIO MA ESE PROCEEDINGS) is i 3 o i / V DATE APPROVED .,QUAL%, ATTEST: a,�0 r� _lih of CLER✓t�f. �, �� SEAL