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HomeMy WebLinkAbout2015-11-24Meridian City Council November 24, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, November 24, 2015, by President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Warren Stewart, Jeff Lavey, Rod Shaul 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 __ _ Mayor Tammy de Weerd Rountree: Good evening. I will go ahead and open our meeting for November 24th. First thing on the agenda is roll call attendance. Item 2: Pledge of Allegiance led by Tyler Thompson with Boy Scout Troop 148 Rountree: And thank you all for being here this evening at our regularly scheduled City Council meeting. We have got a number of scouts here. This is kind of like you got a day off of school, but you had to come to City Hall and that's -- that's okay. You had all day to mess around I suppose. Next thing on the agenda is the Pledge of Allegiance and Tyler Thompson with Troop 148 has volunteered to lead us this evening. Thank you, Tyler. (Pledge of Allegiance recited.) Rountree: Tyler, if you would come up here. Here is a token of our appreciation for leading us. Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church Rountree: Next item is our community invocation. We will be lead this evening by Larry Woodard from the Ten Mile Christian Church. Good evening, Larry. Thanks for being here. If you would all join us in the invocation or take this a moment of silence. Meridian City Council November 14, 2015 Page 2 of 20 Woodard: Okay. Our Dear Heavenly Father, we come to you tonight with thanksgiving for the many blessings you have given us here in Meridian. I especially want to give thanks for our Mayor and City Council who have led us over the past several years. An atmosphere of let's do what's best for our city seems to pervade this Council and for this we are so thankful. We are also thankful to have city employees, especially our police, firemen, EMTs, sanitation workers who help make this city the best place to live in the United States. I do not want to overlook the other city employees who come to work each day at their desks in planning and parks and city records and so forth, just to keep the wheels running smoothly. We are thankful for our city teachers and faith leaders, commercial businesses, banks, that make Meridian number one. Our home today is starting to take on a thanksgiving air as the turkey is out thawing, dressing is being readied and in a couple of days our family will gather, along with many others around the city for a time of family time, a real time of blessing to see children and grandchildren and in our case great grandchildren. What more could we be thankful for here in Idaho. Tonight's issues will come before this Council that will require careful consideration and I ask that this Council have wisdom that looks in some cases years ahead. God, we give you thanks for all that we have as a city. We pray for our nation, because our news tonight is not comforting for our servicemen and women who defend our freedoms. We give you thanks in Jesus' name, amen. Item 4: Adoption of the Agenda Rountree: Thank you, Larry. Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the agenda there is no additions or changes, so I move that we approve the agenda as published. Zaremba: Second. Rountree: It's been moved and seconded to approve the agenda. All those in favor signify by aye. Opposed same sign. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Memorandum of Agreement between the City and Meridian Development Corporation for Contribution to Traffic Box Community Art Project for the Not-to-Exceed Amount of $5,127.00 Meridian City Council November 14, 2015 Page 3 of 20 B. Memorandum of Agreement between the City and Meridian Development Corporation for Contribution to 2016 Concerts on Broadway for the Not-to-Exceed Amount of $10,000.00 C. Purchase Order Approval for (2) Pierce Arrow Fire Engines from Hughes Fire Equipment and Authorization for the Purchasing Manager to Sign the Purchase Order for the Not- to-Exceed Amount of $1,017,288.00 D. Development Agreement Southridge Apartments (MDA-15- 010) Located on the south side of W. Overland Road, midway between S. Linder Road and S. Ten Mile Road, in the north 1/2 of Section 23, Township 3N., Range 1W. E. Final Order: Stinker Station at Paramount Commercial (H- 2015-0012) by CSHQA Located 1410 W. McMillan Road. Request: City Council Review of a Reduced Buffer to Residential Uses from 25 Feet to a Width Ranging from 7 to 11 Feet; and to be Relieved from Conditional Use Permit Condition #1.5 Which Requires the Fuel Canopy to Incorporate Materials and Colors Consistent with the Convenience Store/Restaurant Rountree: Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the Consent Agenda as published 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, Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zarem ba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 6: Action Items Meridian City Council November 14, 2015 Page 4 of 20 A. Public Hearing for Paramount Subdivision (H-2015-0022) by Brighton Investments, LLC Located Southeast Corner of W. Chinden Boulevard (SH 20/26) and N. Fox Run Way 1. Request: Modification to the Development Agreement (Inst. #103137116, Amended as Inst. #113083665) for Paramount Subdivision to Include a Conceptual Development Plan for the Subject Property Rountree: Next item under Action Items is a public hearing and I will open the public hearing for Paramount Subdivision H-2015-0022. Sonya. Watters: Thank you, President Rountree, Members of the Council. The first application before you tonight is a request for a development agreement modification. This site consists of 53.57 acres of land. It's currently zoned C-C and TN-C and is located on the south side of West Chinden Boulevard, west of North Meridian Road. This site was annexed in 2013 with the Paramount Northeast project. A condition of annexation required the original development agreement for Paramount Subdivision to be amended to include this property with a conceptual development plan and associated provisions. The map you see there on the left is the overall boundary for the Paramount Subdivision, the red highlighted area and the map on the right is the area that we are talking about tonight. The a pplication is requesting a modification to the existing development agreement as required. A conceptual development plan is proposed for the portion of the site located at the southeast corner of West Chinden Boulevard and North Fox Run Way. Trying to get my slides to catch up here. Excuse me. The concept plan does not include the portion of the annexation area at the southwest corner of Chinden and Fox Run. That would be this area over here. The concept plan does not include the portion of the annexation area at the southwest corner of Chinden and Fox Run. That would be this area over here. The concept plan depicts a detailed plan for an assisted living facility on the west end of the site and future residential uses on the remainder of the site. The type of residential uses are not specified. A circulation plan is shown that depicts two access points via North Fox Run Way to the portion of the site proposed to develop with an assisted living facility and three other accesses via Director Street with cross-access between the residential designated areas and the proposed residential care facility. So, it's kind of hard to see here, but this area here right at the northwest corner of the site is where the assisted living facility is proposed and the applicant does have a concurrent conditional use permit application in process right now for that use. A phased 35 foot wide landscape buffer and a ten foot wide multi-use pathway is also depicted on the concept plan along West Chinden Boulevard with 30 feet of right of way -- future right of way, for a total of 70 feet from center line. Because the proposed concept plan only depicts a general use of residential and does not include a site plan or a specific type or density of residential uses, does not incorporate a mix of three different land use types with residential densities ranging from six to 15 units per acre as required in the mixed use community designated areas and residential densities ranging from three to eight units per acre in the medium density residential designated area and does not include a plan Meridian City Council November 14, 2015 Page 5 of 20 for the land at the southwest corner of Chinden and Fox Run. Staff does recommend that the development agreement is modified in the future prior to any development of this area to include a more detailed concept plan. This will insure the site develops in accord with the mixed use community and mixed, excuse me, medium density residential designations and I have included a slide here that shows the current zoning of the property on the left and the future land use map designations on the right. If a site is intended to develop with all residential uses as proposed on the concept plan, an amendment to the Comprehensive Plan may be required if a mix of three land use types within the overall MUC area can't be provided. In regard to access, the UDC restricts access to collector streets when access to a local street is available. A local street access is not available to this site. The staff report mistakenly states that West Director Street to the south is a local street. It actual ly is a future collector street. Two access points are proposed on the concept plan to the assisted facility via Fox Run Way, collector street. And it is really hard to see, but there is like an access right here and right there. Staff is only recommending one access is allowed via Fox Run in accord with the UDC access standards, unless otherwise waived by City Council. Because this property is not an original parcel of record as defined by the UDC and, therefore, is not considered a legal parcel to build upon, staff recommends the property is subdivided prior to any development occurring on the site. The concept plan shows a phased landscape buffer and multi-use pathway along Chinden Boulevard. Staff does not recommend approval of the proposed phasing of these items as shown. Typically sidewalks and pathways are required to be installed with the first phase of development along arterial streets, as directed by the Mayor and Council to provide a safe travel lane for pedestrians. Staff will evaluate th e proposed phasing of these improvements at the time of preliminary plat application. However, will most likely require the multi-use pathway along Chinden Boulevard and North Meridian Road to West Director Street to be installed with the first phase of the development. Written testimony has been received from Mike Wardle in response to the staff report. Staff is recommending approval of the proposed develop ment agreement modifications per the staff report with a change to the development agreement provi sion three as follows: A ten foot wide multi-use pathway shall be provided within the street buffers along West Chinden Boulevard, along the west side of North Meridian Road along the north side of West Director Street within a public use easement in accord with UDC 11- 3H-4C4. The public use easement shall be submitted to the city, approved by the city, and recorded prior to issuance of any certificate of zoning compliance or approval of any subsequent land use application for the C -C and TN-C zoned properties. Staff will stand for any questions that Council may have. Rountree: Questions? Bird: Not at this point. Rountree: Seeing none. The applicant? Meridian City Council November 14, 2015 Page 6 of 20 Wardle: Mr. President, Members of the Council, Mike Wardle, Brighton Corporation. 12601 West Explorer Drive in Boise. Sonya, if you would put up just the first slide of the -- of the item that I provided to you today, unless you need my thumb drive. Watters: Did you give me your thumb drive? Wardle: I have got my thumb drive. Watters: Where is it at? Wardle: Check your pocket. Watters: I would be happy to -- Wardle: Mr. President, Council Members, when -- while Sony is putting that up, just so we get a point of reference, I would just not e that -- thank you. The area as identified by Sonya was annexed and zoned in 2013, just a bit over two years ago. So, this action is the first step in bringing that property into development. In fact, the -- the proposal, as we will see in just a moment, actually is a joint venture between the Gardner Company and Brighton Corporation to do an assisted living complex and we will in due course bring forth other applications that will fill in the balance of that property between Fox Run Way and Meridian Road. And just for reference, I didn't put these on, but the top, obviously, is Chinden Boulevard. The south is the soon to be completed Director Street and I appreciate Sonya noting that that is actually also a collector street. Then to the west of the site, North Fox Run Way and on the east Meridian Road. Let's to go the second slide just to focus in a bit more on the site that we are discussing. And as Sonya noted that not only do we modify the development agreement at this point for this first proposed use, but we will be providing additional detail and modifications of the development agreement in the future. But kind of the little technical thing that we ran into was the need for a subdivision plat. Over the course of time in any major project area you whittle away on the parcels and so at this point in time for a technical perspective there is no original parcel of record, so we did submit today a preliminary plat for the whole area and a specific final plat for the assisted living complex. So, those steps will be taken along with the noted conditional use permit application that will be heard by the Planning and Zoning Commission next Thursday. This was seemingly a simple first step, but it's proven to be a bit more of a challenge and, frankly, we have some disagreement with the recommendations that the Council has provided to you this evening and you have on the dais I believe an applicant response that color coded to help identify the issues that I will discuss in just a moment. Let's go to the third slide, because the third slide actually shows the issue that we are specifically dealing with. And so to help the Council assess the areas of agreement and disagreement, I have taken the liberty to -- there is some unnumbered items from the staff report on page four and I affixed for the ease of reference some references to them as items one through four and in the first instance we are fully agreeable with the staff that there will be future development agreement modifications as the areas are detailed beyond the assisted living complex. The item of -- the first Meridian City Council November 14, 2015 Page 7 of 20 item of disagreement is item number two as noted, which proposes from the staff's perspective only one access to Fox Run Way. The challenge with this is that if, in fact, there is only one access there is probably life safety issue and certain ly a circulation issue that will have to be addressed and we hope that the Planning and Zoning Commission in its deliberations next week will understand this as well. In the future there will be an access to the east with the additional properties being developed, but until that occurs there has to be more than access and so we have proposed actually the southerly access as an existing curb cut, the one northerly which is basically the front door approach to the assisted living complex is proposed, so that there are at least two points of access again not for circulation, but also for fire and life safety issues. So, we are proposing to -- or asking the Council to delete staff's proposed requirement that would allow only one access. We understand that the Council must consider waivers and this item will actually come to you again because the conditional use permit approval or recommendation by the city Planning and Zoning Commission will address that question, but only the Council can make the ultimate decision. This is kind of a preemptive discussion that we are having then and so we are proposing that the Council affirm that we certainly do need to have two access points at the onset of this project. The third item which is the staff recommends the property be subdivided. As I noted we have submitted applications for final -- preliminary and final plat to get that process started. It's also a bullet point on the next page that I will just refer to briefly, but we agree in concept that the platting process go forward. There is a qualification that we will discuss on the next page. With regard to the buffers, let's go on to the next slide, please. Hopefully, it did not disappear. Watters: I don't have anymore, Mike. Wardle: Really? Well, with -- I guess the best of technology -- I had sent the slides to staff earlier today and, obviously, we have run into a technical issue. Is there anything here that would be possible to show an -- an exhibit. Watters: Do you have paper copies, Mike? Wardle: I do. Watters: Yes. Wardle: Let me just discuss it from -- and let's go back to the -- the second slide, Sonya. That will probably give us enough point of illustration. There you go. Thank you. And this relates to staff's recommendation for completing the street buffers along the arterials that would be Chinden and Meridian Road, as well as a multi -use pathway and sidewalks and so forth with the first phase, in essence with the assisted living complex. The area along Chinden -- the improved area is 675 feet wide. The actual assisted living complex is 420 feet wide. What we have proposed in the sheet that I provided to you is that the first phase of the project, which is the assisted living, will include the regional pathway ten feet wide all the way along the fully improved frontage of Chinden as it exists today, which, again, is 255 feet beyond this project site. But to Meridian City Council November 14, 2015 Page 8 of 20 do more than that at this point would be a serious challenge. Number one, we don't have the adjacent areas fully planned and prepared to know exactly how much fill we would have to bring in to complete that berm, but it just is something that are -- we believe strongly that needs to be addressed a s the project is phased in the future. So, going to the second page, then, these are the specific bulleted items that staff has proposed on the fifth page of the staff report, again, numbered for ease of reference. The first one, the property to be subdivided prior to submittal of a certificate of zoning compliance or issuance of a building permit. We disagree with that for the reason that we cannot go forward with the project -- we certainly can't get occupancy until the property has been subdivided, but we believe it's a technical issue and so what we are proposing to do is to allow the project to move forward with that single use assisted living complex, while the final plat for what is known as Paramount Veranda is being processed and recorded and so the requested action that we propose in that regard is that the modification -- bullet number one be modified to read: The property shall be subdivided prior to issuance of an occupancy permit for the assisted living complex. Bullet number two again refers back to item number two on page one, which is the single access from Fox Run Way. We disagree with that and ask Council to approve both conceptually, because that still, again, will come back as a conditional use permit item. Bullet number three. W e concur that the property be developed consistent with the exhibit that we had provided. Number four -- Watters: Mike, excuse me. Wardle: I'm sorry. Watters: If I may interrupt. I have your presentation, if it's not too late, if you want to use it. Wardle: Bring it back, please, if -- and we will real quickly scroll through. We won't take much more time. Watters: It's on there now. Wardle: Technology is wonderful when it works. Watters: I just missed your attachment earlier. I apologize. Wardle: So, can you go to items -- there you go. This is -- just for reference this is Fox Run Way looking north toward Chinden. We have the fully improved access to the -- to the east of that adjacent to the assisted living site. We will be adding to that with additional landscape buffering. The next slide then shows the phase one Veranda to the west. Future phases. And, then, it shows the right of way parcel that's being reserved for future widening of Chinden, along, then, with the -- the 40 foot landscape buffer and it is that -- if you go to the next slide, then, that we are proposing to phase and so the first phase of this project will include the ten foot regional pathway until we have additional improvements made and a place to physically put that and, then, finally Meridian City Council November 14, 2015 Page 9 of 20 the next slide -- the next two slides show the fully improved -- go one more and we will just stop there. We already have actually the plateau established for that sidewalk. It's ready to go. It's just a matter of actually cutting it in and putting the concrete down. So, let me just summarize, Mr. President and Council Members. We are asking that the Council concur that there needs to be more than one access for this first phase and so we are asking for deletion of the staff recommendation in that regard. We are asking to allow the CZC and building permit and construction process to go forward as a single use subdivision plat while Veranda is processed. We are asking that arterial buffer improvements be phased with the development, rather than completed with just the first assisted complex. And, then, finally, we ask in the -- the last item -- bulleted item that staff had proposed that in the future when the applications come forward that the Veranda, the assisted living, be considered one of the three land use types that has to be considered when the TN-C area is zoned in the future -- or developed in the future. One final comment. If the Council has any reservation with the request that I have placed before you this evening, I'm going to ask for a one week deferral. The staff report was received last Friday afternoon when Mr. Turnbull had already left town and it was forwarded to him. He has concerns and if it's necessary for him and Mr. Gardner to come and assure the Council of the direction and the intent of these -- this proposal, I think it would be appropriate to defer action until they get back and have that opportunity on your meeting next Tuesday. However, if the Council agrees with the recommendations it would be a Thanksgiving surprise that I would be happy to provide to them in advance. But that would be the Council's discretion certainly. I would happy to answer your questions and try to clarify if needed. Rountree: Any questions? Bird: I have none. Zaremba: Mr. President, just a couple of comments. The parcel you're talking about is 53 -- a little over 53 and a half acres and I can understand the discussion about one access on a collector or minor arterial as that is, but visualize 53 acres as being about the size of Settlers Park, to which there are one, two, three -- about five accesses I think. I certainly am supportive of the two accesses. I think that's fair. I think there will be further use for the second access in the future and that one makes sense to me. I would comment on the multi-use pathway as well. When that was written into the UDC that the entire perimeter needed to be landscaped and finished, we were thinking about properties that might eventually have three, four buildings on them, maybe they were a hundred acres or something like that. This project is nearly this entire square mile, if I remember correctly, and I have no problem with making an exception to say you don't need to do that entire square mile perimeter in order to develop this phase. Yes, it will need to be done eventually, but this is not going to connect to a school where we might have school children walking in danger if the sidewalk was not completed yet and I, for one, am supportive of that request as well. Wardle: Thank you. Meridian City Council November 14, 2015 Page 10 of 20 Rountree: Further comments, questions? Mike, I have a question on -- on the first slide, if you would. Watters: On the first slide? Rountree: On the east side, your second access or first, however you want to number them, you have a road that follows the east side. It looks like there is envisioned a temporary turning circle, but what's the intent? Is the intent -- is it be a frontage road in the future or -- Wardle: Mr. President, Council Members, I'm going to ask Sonya to go to slide ten, which was not shown at this point. This is a concept that I did in August of this year for that entire area and this is not before you, but I want you to understand how this all connects. And this is an earlier iteration of the actual footprint of the assisted living complex. So, it shows those two same access points, but it also, then, shows that that roadway that goes around to the back will become a shared roadway. There will be about a 25 to 30 foot buffer behind the assisted living complex landscape that will be kind of a front door for the depiction -- and go one more slide, Sonya, because it's -- it's a colored slide that actually shows a little bit better. This is an age qualified concept, single story units in a quad configuration that would, again, share that access on the back side of the assisted living and, then, have additional access points, potentially three, to Director, which is also a collector, which Council in the future will have to waive the stipulation that there can only be one. But we don't have any choice. We have arterials on the outside and the access -- the entrance at Fox Run Way is actually at the half mile boundaries, so there are no other conflicts with Chinden Boulevard traffic flow. So, that gives you the context of our intent and if you go back one more slide, Sonya, the -- we are proposing three -- three different types of uses in there. The assisted living certainly, an age qualified project immediately to the east, and, then, potentially we are working on a concept for twin homes that would be single family attached, but in a paired unit, a townhome, for the lack of a better term, but -- so we are talking about kind of a transition from the more active to the folks getting ready for an assisted living in the middle and we believe that these uses are reasonable and consistent with the intent of the overall Paramount plan. Thank you for the ask. Rountree: Another question. With respect to the buffer and continuing it across the entire property or phasing it, is it your intent to have the same or similar type of buffer down Chinden as you have currently? Will you continue that -- Wardle: Mr. President, Council Members, the expectation has always been that the gap between the 675 foot of improved area near Fox Run over to the corner, which is also improved, would be filled with the same character. A very tall berm, some walls, and great deal of landscaping. That actually puts the depth of the buffer as well beyond the 40 feet that's required. It's probably in the range of 60 to 75 feet, because if you had the opportunity drive into Paramount you will see that you got that tall berm fully improved on the outside and on the inside it extends a considerable distance and so it will be the same character all the way down that full half mile eventually. Meridian City Council November 14, 2015 Page 11 of 20 Rountree: So, you would not be opposed to having the DA stipulate that? Wardle: That it be the same character? Oh, no, we fully agree with that. We just are concerned about the phasing of it. It's just impractical to do that whole thing at this point in time. Rountree: And when you talked about the two accesses to the proposed development in the assisted living facility, it kind of went that, well, maybe if there is access provided in the east and in the future maybe that would provide the additional access. Can I assume from that, then, you would be willing to eliminate one of two that were there initially or the two are going to stay? What's the situation? Wardle: Mr. President, Council Members, no, I would not at this point in time think that that would be necessarily be a good idea, because if -- if you only have the one, it would necessitate potentially -- if there was something that -- that occurred -- any kind of a conflict with the remaining access, it means that whatever would have to get there -- and you're talking potentially emergency vehicles, let's be realistic about an assisted living, they would have to potentially come through that adjacent neighborhood, rather than having a more direct access. So, I think, again, it's a life safety issue. Rountree: Thank you. That's all the questions I have. Any further questions of Mike? Wardle: Thank you very much. Rountree: This is a public hearing and I have two individuals who have signed up to let their positions be known. A Brian Davis. Do you wish to -- are you just here for information? Are you for or against? Because you're here. Thank you. And Elizabeth is with you as well. Okay. Thank you. Thank you for being here. Is there anyone else that wishes to testify? Thank you. Any discussion or questions for staff? Bird: Mr. President? Rountree: Mr. Bird. Bird: Sonya, with the applicant reply, is there anything that stands out that -- that you couldn't -- can't live with -- that the staff can't live with or -- it looks like it's a pretty well thought out reply and I can't see where their actions is going to do anything but help, so -- Watters: I would -- Councilman Bird, if the Council has any strong feelings on the timing of the use -- or, excuse me, the street buffers and the pedestrian walkways, certainly like to hear your thoughts on that. Bird: I concur with Councilman Zaremba on that. I think if they get -- if we get the 675 foot phase, while it would be nice to have it all, that's quite a bit of area out there to go around and -- and it's not into a -- it's not a walking path for school students or for Meridian City Council November 14, 2015 Page 12 of 20 students or anything like that, so I have no problem with that being -- in that location being phased in with the phases as they are used. So, that to me -- I don't see anything wrong with that. Watters: With the subdivision phases? Bird: Yeah. Watters: Okay. For each phase? Bird: Yeah, that -- well, yeah. And I think when you get to a certain phase, then, you complete it and I think the developer would agree to that, too. Watters: Okay. Is the Council -- the only other thought I would have is if Council is contemplating allowing the applicant -- I believe he asked for the allowance to submit a certificate of zoning compliance for the assisted living facility prior to the first phase final plat being recorded. If you -- if you intend to do that, they -- they don't have a legal parcel as it sits. I want to make sure if you do approve that request that the future site plan align with the first phase final plat, the boundaries of the site, so that there is no question on any of the site improvements where they lie. So, that would be my only comment. Thank you. Rountree: Any other questions? Watters: And, then, also -- excuse me. Just to confirm the applicant's kind of question on the mix of land uses for this site, staff would consider the residential care facility one -- one mix -- one type of use in the mix. Bird: Okay. Rountree: Other questions? Comments? Mike, do you have any further comments? Wardle: Mr. President, Council Member, I actually have an apology. I -- I got so hung up when I got to the pages four and five of the staff report I didn't go onto page eight, which has all of these clearly articulated, so I didn't need to do any renumbering and so in that regard I think they are there. I -- I just -- I got stopped psychologically, so -- thank you very much. I appreciate the Council's consideration, because those are really the three items, the accesses -- sufficient access on Fox Run, phasing of those improvements, and the ability to move this project forward while the final plat is being processed and building permit and other issues are being addressed. Thank you. Zaremba: Mr. President? Rountree: Mr. Zaremba. Meridian City Council November 14, 2015 Page 13 of 20 Bird: But you do agree that there will be no occupancy until the final plat -- the final plat is done; right? Wardle: Absolutely. Bird: Okay. We will give you building permits, but you're not to occupy it. Wardle: Yeah. Agreed. Rountree: Mr. Zaremba. Zaremba: Just because it appears that this is an 11 page presentation and we have only seen ten pages, can we see what page 11 is? Wardle: Actually, page 11 was -- you have seen it. Page nine -- go back to page nine, Sonya, so they -- there it is. That's the only one you haven't seen. Thank you. Zaremba: Thank you. Rountree: Full disclosure. Thank you, Mike. All right. Any further comments, questions, directions that you need? I need a motion. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we close the public hearing on MDA H-2015-0022. Bird: Second. Rountree: It's been moved and seconded to close the public hearing on Item 6-A. All those in favor signify by aye. Opposed? Thank you. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve MDA H-2015-0022 to include, first, all staff comments and, then, to include the modifications requested by the applicant. Bird: Second. Meridian City Council November 14, 2015 Page 14 of 20 Rountree: It's been moved and seconded to move forward with approval of this project as stated. All those in favor of the motion signify by aye. Oh, excuse me. It's a roll call. Yeah. Get you on record. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. B. Final Plat for Decatur Estates Subdivision No. 1 (H-2015-0027) by 4345 Linder Road, LLC Located 4345 N. Linder Road 1. Request: Final Plat Approval Consisting of Thirty-Five (35) Building Lots and Nine (9) Common Lots on 15.17 Acres of Land in an R-4 Zoning District Rountree: Next item is Item 6-B, final plat for H-2015-0027. Watters: The next application before you is a request for a final plat. This site consists of 15.17 acres of land. It's zoned R-4 and it's located at 4345 North Linder Road on the west side of North Linder, south of West McMillan Road. The proposed final plat depicts 35 building lots and nine common area lots on 15.17 acres of land in the R-4 zoning district. All of the lots proposed in this subdivision are for single family detached homes and comply with the dimensional standards of the R-4 zoning district. The proposed final plat is in compliance with the approved preliminary plat. Written testimony has been received from Becky McKay, the applicant's representative, in response to the staff report. Staff is recommending approval per the conditions in the staff report with one modification. In response to the applicant's response staff recommends site specific condition number ten is modified as follows: The applicant shall be required to connect to the existing 12 inch water main located in North Linder Road and the eight inch water mains located within North Marsh Avenue, thereby -- excuse me -- thereby looping the water system into all available locations. The applicant shall also be required to extend an eight inch water main to the north boundary of the subdivision in Pengrove Way. Staff will stand for any questions Council may have. Rountree: Questions for staff? Bird: I have none. Rountree: No? Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council November 14, 2015 Page 15 of 20 Bird: I move we close the -- oh, wait a minute. Rountree: It's just a final plat. Bird: I move we approve H-2015-0027 as presented. Zaremba: Second. Rountree: It's been moved and seconded to approve item 6-B. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Acceptance of Ada County’s Canvass of the Votes for the November 3, 2015 Meridian City Election Approved Rountree: Next item. Department Reports is the acceptance and canvassing of the Ada County votes of the November 3rd election. Do we have the -- they are all in the packet. So, it's an opportunity for you to find out if you really did vote and if your neighbor voted. We will take a look at those. Once you are satisfied that the election has been properly canvassed I would need a motion to accept the canvassing. And just a bit of general knowledge, there were 1,025 early voters in our early voting accommodations at City Hall this past year and that's in a ten day period. So, I think we have the second most number of turnout. Yeah, it was a good turnout. Milam: Mr. President? I have a question. Rountree: Yes. Milam: After the votes were counted originally and, then, there was some found that they had a recount; is that correct? Rountree: They had to count -- was it how many? Eight? Twenty-eight? Bird: Twenty-eight of them. Holman: Council President Rountree, yes, they had to recount. They had found 28 votes and so they canvassed those and they found that in the canvassing of the votes, that the missing 28 ballots had gotten packed in a box and so they counted those and, then, it got added to these final results here. Meridian City Council November 14, 2015 Page 16 of 20 Milam: Okay. Because I didn't -- what I noticed -- I did notice the number changed. They were Meridian? Holman: The numbers changed from when? Milam: On -- from the original -- from the night of the election or the next day. Holman: I don't have those results. So, these were what they sent us after the final canvass. So, I -- I don't know. Milam: Okay. Holman: I know there was 28 votes is what they were counting. Cavener: Is it possible this is the reported number and that when they counted they were eight short, so those eight were verified within the official -- they were counted -- Rountree: I never heard an explanation, other than they did find them in their canvassing. Holman: Council President Rountree, if I were to speculate I would say that they -- the numbers -- if the numbers didn't change, the first numbers probably would have been what they recorded in the poll books and, then, they actually counted. The ballots have to match what's in the poll books and that's probably how they caught it, so that would be -- but I can get that question answered and I can send out an e-mail to all of you and let you know. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve the Ada County canvass of the votes for November 3rd, 2015, the election for three Council seats and Mayor's seat. Cavener: Second. Rountree: It's been moved and seconded to approve the Ada County canvassing of the votes of November 3rd. Is that a roll call? Roll call vote, please. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. B. Legal Department: Ordinance No._______________________: An Ordinance of the City of Meridian Repealing and Replace Meridian City Council November 14, 2015 Page 17 of 20 Title 1, Chapter 15 Discrimination Prohibited of the Meridian City Code; Providing a Waiver of the Reading Rules; and Providing an Effective Date. Rountree: Next item, 7-B, Legal Department. An ordinance of the city repealing and replacing Chapter 15. Nary: It's all the same one. I just wanted to make sure there was enough. I'm going to try to limit my speaking tonight, Mr. President, Members of the Council. I have got a cold that's not wanting to go away. What I have in front of you is a proposed amendment to our city ordinance. The City of Meridian has had an ordinance for a number of years in regards to discriminatory actions in regards to housing within the city and that's a requirement by the federal government in regards to receiving HUD funds for public housing within the City of Meridian. There is also a requirement that we have a city ordinance prohibiting discrimination in regards to disabilities within the city. So, that ordinance has been on the books for a while. Recently the -- besides the Civil Rights Act and all the other laws that apply to employment and activities of the city, the Department of Justice and the 9th Circuit have also included both gender discrimination and -- gender identity, excuse me, and sexual orientation as a protected right under the Civil Rights Act. So, what we -- what we were requested to do is amend our ordinance to reflect that. That this ordinance applies to the city in the context of employment and it applies to the city in the context of activities and events that the city sponsors and puts on for the public. We already do this. We already have been doing this. But this is an affirmative way to make it clear that we are following what the law requires us to do, both -- some of it hasn't been completely codified at either the federal or state level, but it has been incorporated through a number of other cases through 9th Circuit, which is a part -- the federal circuit of courts that we belong to. So, this is a -- basically a statement applicable to the city in how we treat people of both the gender identity -- with gender identity or with sexual orientation would not be discriminated against by the city in anything regarding employment or in any activities or events that we put on. So, any questions? Rountree: Questions? Seeing none, what's the Council's wish on this in terms of events on the ordinance or acting on the ordinance at this point? Cavener: Mr. President? Rountree: Luke. Cavener: I assume that we bring this back as an ordinance next week? Nary: Yes. Cavener: Great. I don't have any questions. Rountree: So, this hasn't changed from the previous draft that we have seen? Meridian City Council November 14, 2015 Page 18 of 20 Nary: No, it has not. Rountree: Okay. Thank you. Nary: Well, it's -- Mrs. Kane from my staff has made it a little bit cleaner in how she does, but, yes, it's essentially the same thing. Rountree: No further questions? We can bring it back in a week. Nary: Absolutely. Item 8: Future Meeting Topics Rountree: All right. We will do that. That brings us to Item 8, future meeting topics. Cavener: Happy Thanksgiving. Rountree: Happy Thanksgiving to everyone. Cavener: Thanks to the scouts for being here tonight. Rountree: And everybody in the audience. If there is no future topics we would -- Zaremba: Mr. President? Cavener: Mr. President? I bet we were going to do the same thing. But I notice we may have some special guests in the audience and I was hoping that they could be introduced. Rountree: Well, I was going to let David do that. Zaremba: That was my question and I apologize for them arriving late. But we have some guests in the audience. One of them is my wife of 31 wonderful years Renee. I think many you know her. Also our cousin Charlavonna and our friend Harvey. I would point out that Charlavonna's father Floyd James has had a pretty big influence on me. He was a city councliman of Compton, California, for several terms through most of the '70s and the '80s. 1970s. 1980s. A very strong champion of economic development and very successful at that. He recently passed on, so we are missing him I'm sorry to say. But also Charlavonna's father Floyd James, as I said, walked Renee down the aisle at our wedding. So, he was a very special man to me and I'm thrilled to have our cousin and our friend with us today, Charlavonna and Harvey, and thank you for coming. item 9: Executive Session Per Idaho State Code 67 -2345 (1)(d)(f): (d) To Consider Records that are Exempt from Disclosure as Provided in Meridian City Council November 14, 2015 Page 19 of 20 Chapter 3, Title 9, Idaho Code; AND (f) T o Consider and Advise Its Legal Representatives in Pending Litigation Rountree: All right. Next issue. Bird: Mr. President? Rountree: Executive Session. Mr. Bird. Bird: I move we go into Executive Session as Idaho State Code 74-2006, items (1)(d), (1)(F). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:53 p.m., to 7:24 p.m.) Bird: Move we come out of Executive Session. Milam: Second. Rountree: Moved and seconded to come out of Executive Session. All in favor say aye. All those in favor? MOTION CARRIED: ALL AYES. Bird: Move we adjourn. Milam: Second. Rountree: Moved and seconded to adjourn. All in favor. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:03 P.M. Meridian City Council November 24, 2015 Page 20 of 20 (AUDIO. REC.O.RDING_.ON_FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD ATTES : i�AI C.JAY tOLES,1,-ITYCLERK 10J / 36& PPROVED QoRp,T OgvG 2 � Ot, w E IDIAN�. �"�. SEAL