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HomeMy WebLinkAbout2016-11-15Meridian City Council November 15, 2016 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, November 15, 2016, by Keith Bird. Members Present: Joe Borton, Keith Bird, Genesis Milam, , Ty Palmer and Anne Little Roberts. Members Absent: Mayor Tammy de Weerd and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Josh Beach, Sonya Allen, Kyle Radek, Berle Stokes, Mark Niemeyer, Mike Barton, Bruce Freckelton, Jake Garro, Dale Bolthouse and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam _____ Lucas Cavener ___ Mayor Tammy de Weerd Bird: Welcome, everybody to the regular City Council meeting. It's Tuesday, November 15th. It's 6:00 o'clock. It's nice to see so many smiley faces out here and welcome. We appreciate it. We will start -- Madam Clerk, would you, please, call roll. Item 2: Pledge of Allegiance Bird: Okay. Thank you. If you will all join us in standing and saying the pledge of allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel Meridian Bird: Pastor Drake, I think you are here. If you would like to come up and lead us in the community invocation we would appreciate it. Drake: Lord God in Heaven, thank you so much for this free country that we live in. God, thank you. We just pray that you keep it free, that we can choose our elected officials and, Lord, we are also praying for our city tonight. We appreciate Meridian so much and that we get to live and work and pursue our own way here and, God, we appreciate that so much and so we just pray for our city tonight, for the safety of it. Pray for all the first responders, the police officers Meridian City Council November 15, 2016 Page 2 of 70 and the paramedics and the fire -- firefighters, Lord, that you would keep them safe and there be peace tonight in Meridian and the whole valley and so, God, we just appreciate these people here tonight also that our -- our leaders, the ones we put in charge to make these decisions for us and so, God, I pray that you give them great wisdom and even on the small things, Lord, I think that you care about all things and so we just want to do our best with those . We pray for these people and, God, that you would give great wisdom and also that you bless them for the service that they give to our community. So, God, bless this time and we just praise your holy name, amen. Item 4: Adoption of the Agenda Bird: Thank you, Troy. Next item is adoption of the agenda. Mr. Borton. Borton: Mr. President. We need to add Item 5 to the agenda. Proclamation for School Psychology Awareness Week. Item 6-J is proposed resolution number 16-1178. Item 10-B is proposed resolution 16-1179. And Ordinance 11-A is proposed ordinance number 16-1713. And with those amendments I move that we adopt the amended agenda. Bird: Mr. Borton, I forgot to tell you. Item 8-A, the Children's Museum presentation, they want to continue that until next week -- Borton: Okay. Bird: -- so that the Mayor can be here. So, would you -- have we got a second? Milam: Second. Bird: Okay. Got a motion and a second to approve the agenda -- amended agenda. All in favor say aye. Any opposed? Okay. The agenda has been approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Amended onto agenda: Proclamation for School Psychology Awareness Week Bird: I'm going to move down with your permission and if I can get the people representing the psychology awareness to come up here to me I would appreciate it. Okay. We are honoring the School Psychology Awareness Week and I have got a proclamation here from the Office of the Mayor. Whereas children and youth learn best when they are healthy, supported and receive an education that enables them to strive academically, socially and emotionally and, whereas, there are currently 24 psychologists employed by the West Ada School District, each serving one to three schools, to include 33 elementary schools, Meridian City Council November 15, 2016 Page 3 of 70 eight comprehensive middle schools, in five comprehensive high schools and whereas school psychologists are specially trained to foster and deliver in the school and community continuing mental health services and academic support that lower the barriers between teaching and learning and whereas sound psychology principles are integral in instruction and learning, social and emotional development, prevention -- early intervention and school safety and supporting culturally diverse student population and, therefore, I, Tammy -- Mayor Tammy de Weerd, do hereby proclaim November 14th through November 18th, 2016, as School Psychology Awareness Week. Thank you. Do you want to say anything? Somebody's got to talk. Grinnell: Hi. I'm Sarah Grinnell, I'm one of the West Ada school psychologists and also the president-elect for ISPA, which is the Idaho School Psych Association, and we thank you very much for the proclamation and for honoring the hard work that we do for the students of West Ada and all around the state of Idaho. Thank you. Item 6: Consent Agenda A. Approve Minutes of November 1, 2016 City Council Regular Meeting B. Memorandum of Agreement for Contribution to 2017 Concerts on Broadway C. Award of Bid and Approval of Purchase Order 17-0084 for 1000’ of 48” Class 3 Reinforced Concrete Pipe to Oldcastle Precast per Formal IFB #PKS-1658-10518 for the “RETA HUSKEY PARK” project for a Not-ToExceed amount of $75,260.00 D. Approval of Purchase Order #17-0066 for New and Replacement Sensus Water Meters to Ferguson Enterprises in the Not-To-Exceed amount of $466,500.00. This PO is a sole source purchase per the previously approved Sole Source for Sensus Water Meters. E. Approval of Task Order 10624.a to Murray, Smith & Associates, Inc. for the “WATER MAIN EXTENSION, AMITY RD AND LINDER RD, MERIDIAN TO VICTORY PROJECT 10624.a" for a Not-to-Exceed Amount of $168,609.00 F. Approval of Award of Bid and Agreement to Star Construction, LLC for the “WRRF OUTFALL PIPE Meridian City Council November 15, 2016 Page 4 of 70 RIPRAP EXTENSION” project for a Not-To-Exceed amount of $58,509.00 G. Approval of Cooperative Agreement between the City and Valley Regional Transit for “Annual Dues and Service Contribution” for a Not-To-Exceed amount of $180,194.00 H. Approval of Contract Amendment No. 1 to extend the contract for “PolyAluminum Chloride” to Kemira Water Solutions in the Not-To-Exceed amount of $60,000.00 I. Agreement to Accept Payment in Lieu of Installing Street Lights at Silverwater Subdivision No. 3 J. Resolution No. 16-1178: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE CERTAIN FIRE DEPARTMENT PROPERTY OF NOMINAL VALUE TO LOYAL TO ONE, A LOCAL NON-PROFIT MINISTRY Bird: Council, Item No. 6, Consent Agenda. Borton: Mr. President? Bird: Mr. Borton. Borton: Item No. 6-J is resolution number 16-1178. And with that I move that we approve the Consent Agenda. For the President to sign and the Clerk to attest. Milam: Second. Bird: Okay. It's been moved and seconded to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From the Consent Agenda Bird: Okay. We had nothing moved from the Consent Agenda. Meridian City Council November 15, 2016 Page 5 of 70 Item 8: Community Items/Presentations A. Children’s Museum Presentation Bird: So, we will go into Community Items and Presentations. 8-A, I would like a motion to continue that to next week if possible. Borton: Mr. President? Bird: Mr. Borton. Borton: Move to continue Item 8-A to November 22nd. Little Roberts: Second. Bird: Okay. We have got a motion and a second to continue the Children's Museum presentation to next week. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Historic Preservation Commission: TourBuddy Digital Walking Tour Bird: 8-B is the Historic Preservation Commission. TourBuddy digital walking tour. Josh, are you doing that? Evarts: Yeah. I'm good to go, sir. Bird: Okay. Evarts: All right. Let me go ahead -- Bird: State your name, please. Evarts: Oh. I'm Josh Evarts. Interim vice-president of the Historic Preservation Commission of downtown Meridian. And I have -- Herman: Nick Herman. CCS class president. Bird: Thank you. Evarts: Thank you. Pretty big deal. Council Members, I really appreciate your time this evening. The Historic Preservation Commission has actually been working on this for a number of months and we thought it was time to probably bring this to you guys for you guys to ask questions and offer input on a project Meridian City Council November 15, 2016 Page 6 of 70 we have been working on as a commission . So, I provided some slides for the evening. We are going to do an introduction to the team that's been working on this, an overview of the app that we are proposing for this virtual walking tour for -- for the history of downtown Meridian . The schedule that we are on. A little bit of the cost associated that HPC is looking to pick up on behalf of the city and, then, some considerations, as well as being open to answering questions that you guys might have about this project. So, operation Lewis-Clark is what we are calling this as a commission and what we are intending to do is deliver an interactive walking experience for exploring downtown Meridian , Idaho. Currently our commission produces these great printed guides that have been super valuable I can attest as a property owner in Idaho Avenue, who sits down there daily, that there is hardly a day that goes by that I don't see somebody walking around downtown, whether it's a third grade class or individuals, that have got their books out and they are walking around and they are reading about our properties. One of the things that we found as a challenge as a commission is that these are very static and we are limited to a single page and kind of a paragraph of content that we can provide in a -- in a cost responsible way for our citizens. So, we started exploring what were ways that we can augment this current printed piece with some technology to offer a more rich experience to our community. The team that's been working on this -- I'm kind of on this project as a commissioner, kind of spearheading it. Nick Herman. He's Cole Valley Christian School's vice-president -- or president and -- and his senior project is actually being my stuckey working on this and so -- so, it's been exciting to have him as kind of a resident of one of our high schools down here getting involved, learning about history, and taking this project on. The Meridian Historic Society -- Lila has been great in providing us all the content and, then, we have been using Unbound as kind of a technical liaison. Nick and I have been meeting regularly, talking about what technologies were out there, what could we use, as well as how can we leverage them up to support this in the long run . So, that's kind of the overview of the operation. So, I'm going to let Nick talk a little bit how we selected TourBuddy. Herman: So, we looked at several platforms that have virtual tours of major cities and we decided on TourBuddy because they have almost ten years of experience and this is what they were founded to do . All across the world they have virtual tours for cities and they are compatible with IOS and Androids and we think they would be great for our walking tour. Evarts: So, the screen shots that you are to see in here are some -- we did a pilot demo in the summer where we just loaded a little bit of content on this platform and, then, I actually went out and did a walking tour with the Mayor and showed her some of the things that were in there. It's actually what's called a geo fired technology, which means that as I'm walking around these stops -- and I'm using air quotes here -- are fired by your GPS location. So, while I'm walking around with my mobile device, it's going to tell me that I am in a certain proximity or a geo fence to a particular location, historic property, a business, whatever we Meridian City Council November 15, 2016 Page 7 of 70 want to map geospatially and, then, it's going to fire content to me and that content is managed by our commission and it's not limited to just a paragraph of a copy, we have all these videos that Lila produced and all these properties that are sitting on YouTube, we can reference all those. So, that's that middle screen that you are seeing up there. The screen on the right is actually a Facebook page for The Vault. So, that's content that we can go ahead and fire , too, and this other page gives other businesses that are around there, so we are actually leveraging up Google Maps inside of there and letting people know what else might exist around them. So, we are pushing specific geo data, images, videos, external web links, any kind of content that we -- that we so desire. Our schedule on this -- it really began last spring, kind of in its early formative stages, but we actually got to where we had our formal plan in October that we approved as a commission, as well as approving on the budget amount that we thought would be appropriate for this. October 20th we begin working with TourBuddy to provide all the legal documentation and user license agreements that we might need to deliver the city to get that license executed . We are coming to you tonight to kind of give you a project update, allow you guys to answer -- or ask some questions for us to answer about the project. Upon approval we are going to have the pilot app published and present to the HPC in December, with doing a big tour event, kind of a launch walk party in January and we are not going to worry about weather, because we are Idahoans. And, then, do that January 21st. The other part of -- the really cool part about Nick's senior project is our third grade classes all get tours of downtown Meridian. That's something that our commission is really active in developing. So, Nick, is going to be developing a training program for this app, because the biggest gap that I see right now -- and I see it because I sit in my building every day and I watch these classes come by -- is that these third grade teachers and some of their volunteer parents don't always have a lot of data about the sites and so they are walking around with this book, but -- but, you know, being able to give them some actual curriculum and give them a tool on their phone where they don't have to look around and figure out, you know, what building am I looking at, it's actually going to show them, boom, this is what it looks like today. Here are historical photos. Here is a little cool video that I might be able to show on my tablet to students -- I think really gives a great training platform and a richer experience for our third graders that are going through that. So, Nick is going to be developing that program and have that ready to give to teachers in the spring and in May, which is our Historic Preservation Month, we are going to do another big Vault party where we are going to invite the city to come in, everybody bring your mobile phones, download the app, give a quick training that Nick developed and, then, go for a walk and experience downtown Meridian. So, that's a little bit of our schedule. Form a cost basis this was actually one of the most affordable solutions that we found. When we went and looked at what the cost would be for us to develop it, that was one of the things I talked to actually Nick and Unbound about was going and finding out if we could, you know, build this ourselves, what could we leverage up as open source. When we stumbled upon this company we found out that we could get a license to do everything that we wanted to do for 2,500 Meridian City Council November 15, 2016 Page 8 of 70 dollars and, then, for a thousand dollars a year in maintenance. One of the things that we are going to be doing upon launch of this is beginning our partnership with the Downtown Business Association to have them pick up the out years for that thousand dollars that we think there is a real natural way that we cannot only tell the history of downtown , but start including some of our destination locations and businesses. One of the things that the app platform provides is the ability to push out coupons, the ability to push out information. So, we think this is a great platform to start building partnerships between city and downtown business owners and we would ask them to pick up the ticket in out years for that thousand dollars. So, our intent is as a commission we would pay for that first year and, then, we would be getting those monies from downtown business owners in the out years, because that would be a value proposition that we could offer to them. So, that's the amount that we approved by HPC was 3,500. So, some considerations. Nick's going to be working on that plan to integrate with our Downtown Business Association. I'm going to put it on him to make the presentation to them . He's also going to be working on that training program. We are pretty excited about it. It's kind of a neat way to jump into that digital age with that -- with a platform that's very easy to use and friendly. So, with that I would open it up for questions. Bird: Council, any questions? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Josh and Nick, I was prepared to shoot a bunch of holes in this, mostly because Josh asked me to to mess with you, but the presentation was fantastic. It answered all the questions I was going to throw at you. So, I'm really impressed and excited for it now. Not that I wasn't excited before. But I do have one question. So, will -- will it be like a TourBuddy app that you download that, then, you download the Meridian to or into or will it be a separate app? Evarts: No. It's our app. Palmer: It will be our app. Evarts: So, it will be Meridian historic -- and haven't decided the exact name, because we wanted to be inclusive, but I think it will probably be a destination Meridian app with the idea talking about our history, talking about our businesses, but it will be an app that will be in the IOS and Android store and free to download. Palmer: Mr. President, follow up? Can I follow up? Bird: Yes. Meridian City Council November 15, 2016 Page 9 of 70 Palmer: That sounds great. I really especially like the point that you made where you are going to try to get the Downtown Business Association to, then, pick up the cost in the future. I mean while a thousand dollars a year in the scheme of the hundred million that we spend slash blow, we -- it's very -- it's tiny, but finding opportunities like that to benefit the businesses of downtown Meridian that we are trying to help promote through all the various ways that we are with URD and whatnot, finding this opportunity to support them while having them, then, support the advertising opportunity for themselves is a fantastic way to move forward with it. So, thank you for having that end goal in mind. Evarts: And, Councilman, it was really important for us and like HPC is looking to add value to downtown, our Downtown Business Association is doing the exact same thing and when we talked about this as a board, we were super excited about ourselves. Like we are going to find a way for our Downtown Business Association to pay for this, because we think this is a great platform to push content to them, because we really do believe this walking tour -- I believe this gets used and I think when we digitize it I think it will get used more based on what I see. So, if we can also help promote the downtown businesses I think they are going to be eager to participate financially and it's not a big ticket item I think to your point. So, I think it's great to allow those businesses to pick up the tab in the out years. Milam: Mr. President? Bird: Any other questions? Mrs. Milam. Milam: Great presentation, Josh. An exciting idea. I have a third grader this year, so I'm excited to come -- to be one of those parent volunteers on their field trip. So, hopefully, I will understand this a little bit by then. And I don't know -- this thought just came to me. You were talking about tablets and I'm not sure if every single teacher has tablets available and so it -- and third graders don't -- most of them don't carry a cell phone, so you might want to check with IT and see if there are any old tablets around that could maybe be used as a check out or something for those classes that have a larger visual to look at and stuff. Evarts: Sure. I know that I hijack -- oh, yeah. Sorry. Thank you. Unbound rents those out. So, what we will do is we will coordinate with them. Thank you, Hillary. Because she's much smarter than me. Yeah. So, we will -- Milam: Okay. Evarts: -- coordinate a check-out program as part of our training, that would be an asset that's available, because what I will tell you, having -- and, like I said, I hijack every third grade class that comes by The Vault and I bring them in, to the great chagrin of all the parents and volunteers, but that's fine. They are looking Meridian City Council November 15, 2016 Page 10 of 70 to tell a great story. A lot of times what I see is teachers herding cattle and, then, flipping through something trying to tell a great story. So, I think we are going to really augment that program and give them a pretty rich asset and the fact that I think they are going to be doing it on a tablet or personal device, something like that, will be -- will be exciting and fun. Really great. Other questions? Bird: Any other questions? Borton: Mr. President? Josh, Nick, great -- great opportunity. Love the idea. One of the things with the walking tour, which is really beneficial, is it's focused on the historical buildings. Will there be some filter or similar feature that allows you to just look at the historic buildings through downtown , as opposed to if we have got a lot of businesses that participate and are -- will they also be featured and located -- Evarts: Yeah. Without getting too technical. So, inside of the app there are different threads that you can pull. So, meaning you can go on an actual walking tour that's literally going to start at City Hall and , then, take you on a walk and walk you and show you stuff. It's going to be very historic tour kind of driven. And, then, there is effectively another layer, we can actually categorize things, that this has been a business, so that you can go see those businesses, scroll through them. There is tie-ins to things like Yelp, so if the business wants to publish their Yelp reviews, because they are great, we can provide those links and push that content as well. Borton: Perfect. Evarts: I don't know anything about technology, though, so this whole thing might get really sketchy really, really quick. I have no background in that. Anything else? Bird: Any other questions? Thank you, Josh. Evarts: I appreciate it. Thank you. Item 9: Department Reports A. Mayor’s Office: Mayor’s Youth Advisory Council Update Bird: I appreciate it. Okay. Department Reports. Our Youth Advisory Commission. Is Ms. Bradford here? Bradford: Members of the Council, my name is Susannah Bradford. I'm the vice- chair of MYAC for this year and I will be giving an update on October in the Mayor's Youth Advisory Council. And this is our second update of the year. We had three general council meetings since I saw you last and we had something to Meridian City Council November 15, 2016 Page 11 of 70 break out for each. We were also pleased to hear from three different guest speakers. Autumn Kersey, Jeff Yarnell, and Erin Bennett. On October 27th we had our trunk or treat here at City Hall. We had record attendance at this event. It was awesome. It went super well. And we had food trucks, dancing, and lots of fun. Yesterday at 4:00 we had our ribbon-cutting at Tully Park for a participatory budgeting project, which was an outdoor gym for teens and adults. So, we had maybe 20 MYACers there from this year and last year's council to cut the ribbon on that and get that thing started and that was really fun to see. And also yesterday right after the ribbon-cutting we had Rake Up Meridian, so we had about 20 members that volunteered there and we were able to fill every single bag that we had. So, it was really good and it was super beneficial. And do you have any questions? Bird: Is that it? Bradford: Yes, that's it. Bird: Any questions for -- Milam: Mr. President? Bird: Yes, Mrs. Milam. Milam: Can't leave you with nothing. Not really a question. More of a comment. The ribbon cutting with the -- the outdoor fitness facility -- Bradford: Uh-huh. Milam: -- that idea that you guys did is -- was fantastic and I'm -- I was speaking with some senior ladies yesterday and she's -- the one woman said I -- I go to Idaho Athletic Club. Now I go here. Bradford: Yeah. Milam: But, you know, she still plans on using her gym membership for the winter, but she was so excited and she was telling me how to use each type of equipment and what one she uses and she comes here every day. So, already it's making a big impact. Bradford: Yeah. I definitely -- Milam: Great job. Bradford: -- think it's going to be beneficial. Thank you. Bird: That was very nice. Meridian City Council November 15, 2016 Page 12 of 70 Bradford: Thank you. Bird: You picked a very, very nice project and thanks to our private partners, Mr. Conger and them, we got it done. And thank you very much. Bradford: Thank you. B. Public Works: Approval of a Budget Amendment for $65,000.00 for the Emergency Repair of the Collections Building Bird: Public Works. Oh, Dale. We get the big guy. Bolthouse: Good evening, Council President Bird, Members of the Council. I wish I had something as interesting as those two fantastic presentations that you just had, but I'm here to talk about sewer. I'm here to request your approval for a budget amendment for a not to exceed 65,000 dollars for a collapsed sewer drain that occurred in our collections building, which is one of our main office facilities at the wastewater treatment plant and I trust that you have gotten the report in front of you and see some pictures, but we, unfortunately, on a building built in 1977 had a catastrophic failure where the four inch cast iron pipe actually has corroded and collapsed on itself in several locations to the point where it now must be replaced and this building is an important one to us. We have ten of our collection staff members in that facility. They use it for their offices, their locker rooms and showers, which are important. Laundry facilities. As well as our SCADA and command control systems for the lift stations that are throughout the city and things, are all housed in this facility and we have absolutely no plans to make any changes. We now have, however, the facilities associated with the restrooms and anything that uses that sewer is now shut off and quarantined until we can get this repaired. So, I think that probably covers the landscape and I would stand for any questions that you may have. Bird: Any questions for Mr. Bolthouse? Milam: Mr. President? Bird: Mrs. Milam. Milam: If I can read this sideways. I move that we approve the budget amendment for the Public Works Department for not to exceed 65,000 dollars for the emergency repair of the collection building. Little Roberts: Second. Meridian City Council November 15, 2016 Page 13 of 70 Bird: Okay. We have got a motion and a second. Any questions? Any discussion? If not, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Thank you, Dale. Bolthouse: Thank you. C. Parks & Recreation: New Neighborhood Park Update Bird: Item C is Parks and Recreation. Mr. Barton. Barton: Good evening, Mr. President, Members of the Council. Thanks for the opportunity to give you an update tonight on three neighborhood park s that have been in design over the last year. I wanted to give you some -- a little bit of history on where we have been and where we are going and what our timing is for bid and contract award. So, the first one that I want to talk about is Bainbridge Park. It's located in the Bainbridge Subdivision on North Ten Mile between McMillan and Chinden. This property was donated to the city approximately eight or nine years ago. It's seven and a half acres. So, we put together a design and a lot of those programming elements we -- we drew from our Parks and Rec master plan that has input from citizens, our task force and citizen surveys on what amenities were desired. And also, of course, we -- we worked with the landowner on this -- on this one and all the other ones to come up with the layout you see right here. The layout is -- you know, one of the things in that -- in those surveys is that there is a real call for intergenerational design where you can have -- you can have a playground, you can have an outdoor gym, you can have a sport court, some tables, something for the whole family to do. A picnic shelter. So -- so, it's not just purely designed for kids, it's designed for active seniors, teens, tweens, kids. So, I think we have -- we have kind of hit that -- hit everything that's desired by our citizens with -- with this one. So, what we have done regarding public outreach is we have had discussions with our park and rec commission, they have approved the design. We have had, obviously, discussions with the landowner, the Brighton Corporation, and we have -- we have -- we gave the Council an update in July and kind of got your feedback on some of these. We think we are right on target with this one, so what's -- what's next on this. We have a couple of agreements that we are working on. There is a well sharing agreement that will be coming to you and also an agreement to use the pressurized irrigation system for the subdivision . That's going to be coming to you. Those will be consent items here in the next -- in the coming weeks. The other one that we will be bringing is a cost-share. Brighton Corporation has agreed to not only donate this land to the city, but they Meridian City Council November 15, 2016 Page 14 of 70 have also agreed to participate in the cost of the landscaping, the irrigation, the sprinkler system, the turf, the trees. They have committed to half of the grating and the site work and they have also agreed to half of the soft costs. So, a little bit later on I will go into some more details on where we sta nd as far as costs go and -- but this one in particular I mean all of them we have worked out some partnerships that have really greatly reduced the cost of these parks, but this one -- this one is, you know, kind of -- it's a homerun. So, we have got that agreement coming to you. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Quick question on that one. I assume that's a temporary name or is that one going to stay that way? Barton: This one is temporary. Palmer: Okay. Barton: Yes, sir. Per our naming policy we don't -- we don't name neighborhood parks after the subdivision they are in, because there is some misunderstandings where maybe it's a private amenity for the HOA, where this is a public park. So, the name -- the name is -- will be changed. The next one I want to talk about it's called Rita Huskey Park and that's located off Ten Mile Road. That's in the Bellano Creek Subdivision. The land, eight and a half acres, was donated by Coleman Homes for this neighborhood park. Kind of the same process we went through with the amenity choices. We have got a playground, we have got three pickleball courts for active seniors. We have some -- a couple of exercise -- cardiovascular equipment stations on the concrete. Walking trails. There is a -- in the entryway there is some -- there is a space for public art as you walk in or some climbable structures. We have been throwing around ideas of climable ladybugs and, you know, some playful things like that. One of the -- one of the things that came out in our surveys are the need for unique amenities and unique structures where not every park was -- looks the same where you can identify with -- with what that park is, so this one will have a combination picnic shelter and restroom building connected to each other. That will be the first one of its kind that we have and the gable end presents an opportunity for either art or park signage. So, same kind of process that we have -- you know, the public outreach. One of the things we did with -- with this park in particular, because it borders Bridgetower Subdivision, is we met with their -- their board, we distributed park plans to the management company for distribution to the homeowners out there, because they will be -- it's right in their backyard. So, the partnerships -- obviously, Coleman Homes donated the land. They are paying for and installing approximately 2,000 feet of multi-use path. The entire north- south pathway is installed by the developer and the entire east-west pathway is Meridian City Council November 15, 2016 Page 15 of 70 installed by the developer at no cost to the city. The other thing that's really cool is that we are working with Nampa-Meridian Irrigation and we got -- got board approval for -- they are willing to use their crews to tile a thousand feet of the Creason lateral. So, we are paying for the pipe, but Nampa-Meridian Irrigation is going to use their crews to install that -- that pipe, which is at least 100,000 dollars in savings. We didn't bid it, so we can't -- we don't have a number, but there is a big chunk and we wrote them a thank you letter and really appreciate their cooperation on that project. So, one of the things on this one is we do have a bid alternate to try to -- depending on where the bills come in, there could be an offset of a reclaimed water connection to the park. So, we will have water sources. One the -- the regional pump station from Nampa-Meridian, possibly a reclaim water connection. We think it's going to be a little bit pricey, because we got to go out to the Ten Mile Road and connect to the reclaimed water and bring it into the park. So, we pulled that out and we are going to -- we are going to see where the bids come in and see if -- see if we want to move forward with that. The agreements that we need -- still need to put in place is a land transfer agreement. We don't own the property yet, we have done our due diligence with an environmental assessment and, then, we are getting close on -- on the language of an agreement and, hopefully, by the -- by the first of the year we will own the property. Obviously, we are not going to put any development money into it until we own it, so we are getting there. The next one, Hillsdale Park. This is -- this is the one connected to the elementary school. Hillsdale Elementary School. The future or new YMCA that's going in in south Meridian that they broke ground on here a couple of weeks ago. It's a ten acre site that was donated from the Hill family. Marty Hill has donated the property to the YMCA and, then, it's coming back to the city via -- via a property transfer. There is some -- some platting and some things that -- that need to take place first for that to happen, but, you know, the same -- same kind of process with this. We took our impact from our -- our master plan and incorporated that in. Marty Hill had some specific wants and desires for this park and so we have kind of an agricultural theme to it. There is hay bale benches and a tractor playground and -- you have probably seen the plans at some of the Town Hall meetings and from the last presentation. So, we think we have got a real cool, real unique design that's -- you know, when you walk into this park you will know -- you will remember it. It will be, hey, there is that, you know, the tractor playground or whatever it is. It will be very distinct. So, obviously, the partnerships -- we have donated land. We are working on a partnership with West Ada School District to use the lower parking lot there and a cross -access easement. We are working with the YMCA for the -- the agreement to transfer real property. So, basically, what that -- that will say is that the property is coming to the city and it will allow us to make the improvements ahead of that transfer , because the transfer is probably not going to come -- the YMCA wants to get it off the tax rolls and get it to the city, but there was some -- there is a hold up on Howry Lane and how much right of way and now there needs to be -- it can't go through a short plat process, so it's a little bit more of a lengthy process. But the property is coming to the city. We are -- we are anxious to get this going, because we feel that Meridian City Council November 15, 2016 Page 16 of 70 bidding in December and letting these -- all of these plans out to bid for a month and opening bids up in January is the very best time to solicit pricing from contractors. If we wait until they are booked for the year and we have put things out to bid in the summer, our pricing or our construction costs will be significantly higher. So, kind of -- there is a sense of urgency in getting this agreement done and -- with all of them trying to close in the loop with construction plans and agreements and just getting these things out to bid and breaking ground March 1st. So, that's kind of it in a nutshell and I have covered most of the last slide. So, really, final agreements. Construction documents. You can see the bid schedule. Council award. One of the things that we -- we think we -- we set our budgets based on 142,000 dollars an acre for development cost and those -- those numbers are basically seven years old. This is what we have -- we took off our last impact fee study that was based on the last round of park development. So, as you know, construction costs have gone up. I have heard some -- some estimates of three to four percent per month, if not 18 percent per year. So, what we have done by leveraging partnerships, donated land, developer contribution, partnerships with shared parking lots, we have been able to hold that cost to we think about 165,000 dollars an acre, which is less than a 20 percent increase over seven years. So, I think we are -- I think we are good. But it's just to let you know that when we -- when we open bids in mid January and we come to the City Council for contract award, that there is likely to be a budget amendment that goes along with that and the funding source will be from park impact fees. It's money that we have already collected for park development. It's money that we have in the bank right now and we are requesting spend -- we would be requesting spending authority at that point. So, hopefully, everything -- you know, we are getting down -- we are getting to the finish line, wanted to give you an update and present where we -- where we have been, where we are going and answer any questions you might have. Bird: Any questions, Council? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: I just wanted to thank you for pointing out the -- and explaining ahead of time the -- the future reasoning for the budget amendment , since we have a million different reasons that a budget amendment may come before us and so the earlier we know the reason and, then, it just makes it so much easier to comprehend and move forward with when it does eventually get here, so thank you. Barton: You bet. You are welcome. D. Community Development: Amendments to Professional Services Agreements with the Idaho Division of Building Meridian City Council November 15, 2016 Page 17 of 70 Safety for Mechanical and Electrical Plan Review and Inspection Services E. First Amendment to September 1, 2015 Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services F. First Amendment to September 1, 2015 Professional Services Agreement Between Idaho Division of Building Safety and City of Meridian for Mechanical Plan Review and Inspection Service Bird: Any other questions for Mike? Thank you, Mike, for the nice presentation. Community Development. Mr. Freckleton. Are you going to cover D, E and F right here while you are standing there? Freckleton: Absolutely. Bird: Okay. Freckleton: Absolutely. Good evening, Mr. President, Members of the Council. I originally had prepared this to be on consent and -- and Councilman Bird suggested we take it off of consent and I give a little bit of background on the -- on the request and, then, where we are with our contracts. As you guys are aware, we enter into contracts with different agencies to perform our building plan review and inspection services in Community Development . So, we have contracts for building, mechanical, electrical, plumbing and fire for new -- for new construction. The latest PSAs that we have -- or Professional Services Agreements, were entered into in September of last year. At the time we entered into those agreements we had -- we were negotiating electrical and mechanical with the Idaho Division of Building Safety. At that point in time Ron Whitney, the deputy administrator of DBS -- and he's here tonight to answer any questions that -- that you might have to -- he did express some concern then that on the electrical, with the percentages that we negotiated, that it was going to be pretty thin for him and he wanted to -- to, basically, be able to come back and talk to us if their program wasn't fully supported and so in mid September I received a letter from Ron basically stating -- restating that and saying that they -- they are under the scrutiny of the State Department of Financial Management and also review of the different trade boards that they answer to and the scrutiny that they have had on the electrical proved Ron's suspicion that they are coming up short from being able to support the program on the percentages that we negotiated in 2015 . So -- and also Ron had mentioned in a letter that the mechanical program was starting to build a little bit of reserve and so his letter of September 16th requested some adjustments to the percentages -- the compensation percentages that they receive in those contracts, requesting a five percent Meridian City Council November 15, 2016 Page 18 of 70 increase in the electrical compensation and a five percent reduction in the mechanical compensation. Now, looking at these two together, the compensation and mechanical -- or the fees in mechanical are higher and so I had Todd Lavoie in Finance do a financial analysis and he went back and looked at the past eight years and considered that if we would have made these changes eight years ago, where would we be today? What he found was that we have -- we have only realized a 7.21 percent fluctuation in the revenue and expenditures across those two contracts and that because the mechanical savings is greater than the expense that we would incur for electrical, we actually would have a modest savings -- we would have had a modest savings over that eight years of about 59,000 dollars. So, it's his recommendation that we -- we go forward with this request and that's also reflected in the packet that I had presented and, hopefully, you have before you. Again, like I say, Ron is here tonight if you have any questions and with that I will stand for any questions you might have of me. Bird: Thank you, Bruce. Any questions for Bruce? Milam: Mr. President? Bird: Yes, Mrs. Milam. Milam: Well, I don't have any question, I just thought that it was pretty awesome that any person or company or anybody would come forward and recommend a change that -- that results in less income in their pocket. So, that's -- that's integrity and I appreciate that. Freckleton: It really is. And, you know, it's -- you know, they are governed by a lot of the same statutes that we are with regard to the financial management and not being able to turn profits. So, that's -- that's a relief. Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, Bruce, is there any chance that we could have any issues with other bidders that -- at the time that we are putting this out for bid by amending -- Freckleton: No. When we entered into these contracts in 2015 they were three year contracts. So, I mean we are in the -- in the contract term right now. We are only a year into the three-year term. Palmer: Okay. Meridian City Council November 15, 2016 Page 19 of 70 Bird: Other questions? If not, I would entertain a motion to cover the first amendment for Item 9-E. Freckleton: Mr. President, if I may, I -- Bird: Yes. Freckleton: I did notice a typo in my -- in my memorandum that I wrote to you. In that closing paragraph, the second to the last line, I included and electrical in there and it should only be mechanical. Bird: And mechanical. Yeah. Freckleton: Yeah. So, it is a reduction of five percent mechanical and an increase of five percent in the electrical. Bird: Mr. Attorney, we can make that in one motion, can't we? Nary: Yes. It was a consent item initially, so you can certainly make a motion to approve them both. Borton: Mr. President? Bird: Mr. Borton. Borton: If there is no further questions or discussion, I would move that we approve the first amendment to the September 1, 2015, professional services agreement between the Idaho Division of Building Safety and the City of Meridian for electrical plan review and mechanical plan review and inspection services. Milam: Second. Bird: I have got a second. Motion and a second. Any discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Thank you, Bruce. Freckleton: Thank you. G. Legal Department: Beer and Wine License Contingent Approval for Frankie’s Java LLC Meridian City Council November 15, 2016 Page 20 of 70 Bird: Legal Department. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. This one is a little bit different than you have seen previously and I will just give you a 30 second history. Whenever a person requests a beer and wine license in the city, they have to go through the state, the county, and, then, the city and so the state does all the background checks, they do all of the investigation of the person's fitness to be able to have a beer or wine license in the state of Idaho. There is one wrinkle in the state code that requires the governing board of the city to allow the issuance of a beer or wine or liquor license if the establishment is within 300 feet of a public school or a church. In the past the state has normally issued the license, as county licenses come to us and previously this Council used to issue all of the licenses. A few years ago we stopped that practice. It's issued by the clerk's office, unless it's within the 300 foot and, then, you would see that one on your agenda after it had been issued by the state and the county . The state has decided recently that that doesn't make as much sense to them , because if you had a situation in the city where the council did not want to approve an establishment within 300 feet of a public school or a church, then, they will have gone through all that process for no reason and they will have issued a license that wouldn't be effective. So, what they asked us to do is that the Council review the request. If you approve the request -- you're not approving the license, you're just improving the ability for the establishment to go through the licensing process. You will still end up with the license if it gets approved at the state and the county, you will have the license back in your agenda at a future time for approval of the actual license because of the location. So, this particular one is Frankie's Java, which is located in Generations Plaza. It's within 300 feet of the Harvest Church. So, that's the reason it's in front of you. And, again, the process is just slightly different. It actually makes more sense -- we suggested this to them a couple years ago and so they eventually took us up on it , because it does kind of make sense to do this first. So, all you need to do tonight is make a motion that you would be approving the -- the ability for Frankie's Java to apply for a beer and wine license through the state and, then, ultimately, the county and the city. Palmer: Mr. President. Bill, did anybody talk to the Harvest to see if they had any -- Nary: We don't. We would -- well, eventually they get notice. They have other -- other establishments within 300 feet. The Hop House is within 300 feet. They had no objection to that. The Flatbread is within like 30 feet and they had no objection to those. So, the state does go out and provide notice before they issue them and if they have an objection, have an ability to raise it, but it doesn't usually -- they do that before it comes back to us. Bird: Any other questions? If not, I would entertainment a motion. Meridian City Council November 15, 2016 Page 21 of 70 Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve the exception for Frankie's Java, so that she can apply for a state license for a beer and wine. Little Roberts: Second. Bird: Second. We have got a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Action Items A. Public Hearing for Proposed Winter 2016 – 2017 Fee Schedule of the Meridian Parks and Recreation Department Bird: Okay. We will go to Action Items. First up public hearing -- excuse me -- for the summer -- or the winter fee schedule for Meridian Parks and Recreation. That's Jake. Garro: Thank you, Mr. President and Members of the Council. As you had mentioned, I'm here tonight seeking our Park fee schedule for the winter -spring 2017 activity guide. A little bit about the activity guide. It's currently in print. It will go to print December 2nd and be released to our community members on December 9th with our winter-spring class registration beginning that Monday, December 12th, and the majority of the classes beginning the first week of January, concluding by the end of May. Then our summer guide will be released the end of April. So, with that I stand for any questions and the one thing I do want to point out is, you know, reiterate our great relationship that we have with -- with West Ada School District. They are allowing us to use some gym space this winter and spring for fitness classes that will be a part of our winter-spring guide. So, I just wanted to get that on the record, that we really do appreciate that -- that relationship with -- that we have with them and with that I will stand for any questions about the fee schedule. Bird: Thank you. Any questions for Jake? This is a public hearing. Anybody in the audience would like to testify? If not, I would entertain a motion to close the public hearing. Meridian City Council November 15, 2016 Page 22 of 70 Little Roberts: Mr. President, I move we close the public hearing. Milam: Second. Bird: I have a motion to close and a second. All in favor say aye. Opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Resolution No. 16-1179: A Resolution Adopting the Winter 2016-2017 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Bird: Item B is a resolution. Little Roberts: Mr. President? Bird: Mrs. Little-Roberts. Little Roberts: I move we accept the proposed resolution number 16-1179, adopting in the winter 2016-2017 fee schedule. Milam: Second. Bird: I have a motion and a second to accept the resolution number 16 -1179. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for CDBG Substantial Amendment Bird: Next item is C and that is a public hearing for CDBG substantial amendment and I will open the public hearing and Sean. Kelly: Thank you, Mr. President, Members of the Council. I'm going to go over this pretty quickly, but I will leave all the time in the world to discuss any parts of this, since this is a public hearing. Some of these folks might not have seen it until tonight. So, just really quick on why we are here. We have got a couple of projects that didn't move forward. That tends to happen. We also have a construction cycle, as Mike Barton had mentioned earlier, that we like to try to get ahead of and sometimes we can't get ahead of it. There is also certain times Meridian City Council November 15, 2016 Page 23 of 70 where a project can't get all of the things that it needs to move forward with anyway. We do have some residual funds left over from prior years and we have a plan and this is -- this is that actual plan, to amend the action plan to let us do some of these projects earlier and to support a couple of the other projects that we did last year with a few more funds. So, the recommendation from staff is to reallocate 150,000 dollars of these funds to street lights. We had planned for street lights in 2016 anywa y with the last action plan that Council approved. What this does is it leaves street lights as an opportunity to be done in 2016. It starts that process early with funds from prior years and, again, as Mike Barton had mentioned, too, getting ahead of that construction schedule, this gets us in design in December and gets us closer to a build somewhere in the spring -- or closer to the summer as well. Also to reallocate 30,000 dollars to Neighborworks Boise. Neighborworks Boise has been a great subrecipient for the city. They have carried out all of their projects that we have given them. They have the capacity and ability to spend those funds in a home buyer assistance program that they run and, then, I'd like to take the Five Mile pathway projec t that didn't move forward, pull that into -- to the -- keep it in the '15 action plan, but make that an alternate project so that we can move forward with that at some other time when -- when parks does get all of those easements that they need to do that project and also at the request of the Mayor and Council I went ahead and put in -- into the -- the notice that we applied for Public Works for LMI sewer projects of 100,000 dollars and that, again, in future years we can go back to 2015 and if something happens like has happened over on 2 1/2 Street or whether it's an emergency project or just something that Council wants to do with that, then, we will be able to trigger that should those funds become available . Mr. President, I will stand for any questions. I'd like to just note that this is a public hearing. This is the -- the request that I have from you is to open the public hearing. I will record the testimony if we have any. Close the public comment and, then, I'm recommending approval. If Council has any questions or has anything that they would like to say now I can definitely respond to those. Milam: Mr. President? Bird: Mrs. Milam. Milam: Sean, I have got a question. You have probably told us in the past, but Neighborworks Boise, so you are requesting 30,000 dollars and they -- they help people with housing assistance, but not just in Boise? Great. So, I don't like their name so much. Makes it difficult to, you know, spend money that way or is this going for Meridian housing or Boise housing? Kelly: Mr. President, Counsel Member Milam, it is going to Meridian. It's supporting homeowners in Meridian and that's what that is is a home buyers -- in the home buyer assistance program that they are looking for homes in Meridian, trying to find the right price point. They are a low to moderate income family and we are putting them into those homes. Neighborworks Boise is their dba. I think Meridian City Council November 15, 2016 Page 24 of 70 it's Neighborhood Housing Solutions is another -- I think that might be their -- it might be their national name that they use, but locally they -- just because they are down there in Boise, that's where they are headquartered. Milam: Thank you. Bird: Any other questions? Is there any public testimony on this? This is a public hearing. Sean, how long do we keep it open? Kelly: Mr. President, this is a public hearing and we are closing it as soon as -- if no one has anything. Bird: Okay. Seeing we have no testimony, I would entertainment a motion to close the public hearing. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing for the CDBG substantial amendment. Little Roberts: Second. Bird: I have a motion to close and a second. All in favor say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve the CDBG substantial amendment as presented. Little Roberts: Second. Bird: I have a motion to approve the amendment and a second. Any discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, nay; Little Roberts, yea. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Kelly: Thank you. Meridian City Council November 15, 2016 Page 25 of 70 D. Public Hearing for Interstate Center (AKA Wahooz/Roaring Springs) H2016-0119 by Bowden Properties, LLC and Black Mor, LLC Generally Located Near the NW Corner of W. Overland Road and S. Meridian Road 1. Request: For a Modification to the Development Agreement to Amend the Recorded Development Agreement (DA#97044085) for the Purpose of Modifying the Approved Concept Plan, Including a Sign Plan and a Landscape Plan and Modifying other Specific Provisions Bird: Thank you, Sean. Next is a public hearing for Interstate Center, also known as Wahooz/Roaring Springs and I will open the public hearing and listen -- have the staff and I believe it's Josh? Beach: Yes, sir. Bird: Thank you. Beach: Mr. President, Members of the Council, as you said, this is an application for a development agreement modification . The sight consists of developed and undeveloped commercial land, which is zoned C-G, located near the northwest corner of West Overland Road and South Meridian Road. There has been quite a number of applications through the years for this project . Currently the applicant is proposing to modify the existing development agreement. The current agreement is cumbersome to work with . It requires a conditional use permit for every additional use on the property and so the applicant is requesting , A, that that requirement to get a CUP for every use be removed. That they be -- or adding a -- proposing to add a sign package to the development agreement and -- it's a little difficult to read here. They have an existing 60-foot sign here. Several of these signs will be removed. This sign, this sign, and this sign and they are posing to add one, two, three, four and another sign along the freeway. Staff has indicated to the applicant that this current proposed sign does not meet our code. Our current code requires that signs along the freeway be up to 50 feet in height. The applicant is proposing 60 feet. They are also proposing 385 feet -- or square feet of sign area, where the code allows up to 300. So, part of their request is that that be allowed . As I said, that does not meet code, but as part of the development agreement that's something that staff has the -- or Council has the ability to modify. So, as part of their application they submitted a number of items here and the staff has modified to include some landscape buffer that they added. A number of sections include a landscape buffer, which isn't something that is normally included in a landscape plan. They submitted a landscape plan to be included in their development agreement. That's not something that we typically do with a development agreement, that's something Meridian City Council November 15, 2016 Page 26 of 70 that's reviewed at the time of the certificate of zoning compliance for any use that's being applied for. So, staff has made some slight modifications to that . I will add that in addition to the modifications that are shown here from staff, the applicant did submit some additional revisions on top of what staff has requested that I think will -- will meet what the code entails. They have included some language that includes a five foot -- feet of landscaping and a 20 foot gravel road I believe along the east side, since there is a -- there is a canal and the irrigation district needs an access road there. With that staff is recommending approval and I will stand for any questions you have on the application . Bird: Counsel, any questions for staff? Borton: Mr. President? Bird: Mr. Borton. Borton: Josh, that recommendation is in relation to this -- Beach: Correct. Borton: -- what's on the screen? Beach: I would note that as part of the application to include it -- to be included in the development agreement is a request that they be allowed a 24-hour operation, which would include -- they have indicated that they do, you know, senior nights and some venues that potentially go into the late hours, 1:00, 2:00 a.m. in the past. There has been some concern from staff that would impact some of the surrounding neighbors and so I wanted to make you were aware of that as well, that that's one of their requests as well, so -- Parsons: Mr. President, Members of the Council -- Bird: Mr. Parsons. Parsons: -- just to elaborate on that request a little bit more, as we all know, the property currently is developed with an outdoor arts-entertainment venue. That's what we call it. Outdoor -- indoor-outdoor arts-entertainment. Basically a fun center. Under our specific use standards in our ordinance we don't allow outdoor venues to be within 50 feet of any property line and that's what they are -- their request isn't for 24 hour use. They can do the 24 hour use, because they are not abutting a residential district. So, it's really not the hours of operation. Their request is to allow their outdoor venues to be within 50 feet of their property line , which is against what our current specific use standards are. So, that's really the request that they are after this evening. It has nothing to do with hours of operation, it's just how close can that be to the adjacent property owners. In looking at the area -- we know we have Walmart to the south, which is, again, a Meridian City Council November 15, 2016 Page 27 of 70 commercial development, but Bear Creek West butts up against them . Recently we have approved multi-family to the west of the waterpark, so now we do have residential starting to develop closer to the waterpark than what we had when this was first developed. So, it's just something to take and consider this evening. Again, staff can't approve that request, because it's something that isn't specifically allowed in our ordinance, along with the sign package. If I can go back to the sign as well. The original approval for this project -- the original DA had requirements for signage. Said would comply with whatever the sign code was at that time. Well, the code changed and so they will be keeping one of their non-conforming signs, but, again, this request this evening also -- they are asking for you to approve a sign that isn't allowed under what our current code is. But since we had signage tied to the original DA, we felt rather than coming back for a variance before you to get the sign -- taller sign, we felt this was the more appropriate mechanism to have the Council take action on their request for the signage. Now, anything that's approved in the DA tonight, they still have to come back to the city and get a sign permit. I mean all you're doing is conceptually looking at their sign package. We have done that analysis. All the signs comport to the sign code except for that one sign. The non-conforming sign can stay there, too. So, we know -- we are pretty confident, other than that sign that they are requesting to deviate from, everything else complies with our sign ordinance. So, that's really what's on the table tonight. Really, the outdoor venue within 50 feet of the property and, then, that additional signage that they are requesting. Bird: Any other questions? If not, applicant representative? Welcome, JoAnn. State your name and address. Butler: Thanks, Council. JoAnn Butler. 251 East Front Street representing the applicant and who I have with me tonight are Pat Morandi and Tom Nicholson, co-owners. Craig Callahan, civil engineer, and Neil Caldwell, who can answer questions about the signs -- more technical questions than I can. But let's see if I can possibly answer all the questions. I am pleased to be here tonight to represent Pat and Tom. It's been a delight, since my kids are all grown, every time we had a meeting we went over to the park and had a great time in the summer. These two, obviously, have a great time providing entertainment facilities for kids and families in Meridian and, in fact, it's grown to the point that it is now the largest waterpark in the northwest. So, you have -- you're serving not only Meridian, but a lot of people traveling to Meridian. So, part of the reason -- and I'll come back to the sign, but part of the reason for our request for the sign amendment to take it ten feet higher than is allowed by code and to expand the sign face is to make it easier for the travelling public to understand where they are coming to get off of the freeway. Some of the photos that we provided to the staff show that the existing signs today -- oh, thanks whoever did that. Shows -- it's a little hard to tell. These are -- and there is another drawing that shows that the existing sign is actually invisible, because of the trees that are around and also because of the revised signs that ITD has put up with the interchange change. So, that's part of the reason that we are asking for that. Again, the Meridian City Council November 15, 2016 Page 28 of 70 original DA -- it is about 20 years old. It was for an office park. It has never been developed as an office park and staff's right, every time we came in for the most minor of change we would have to go through a full-blown conditional use hearing. So, the idea was to make this less cumbersome for the staff , less cumbersome for the owners. Also we did bring in an overall landscape plan, but staff has asked, no, let's not do that, let's do the landscape as we come. Let's set the timing for the landscape, which we have said in this development agreement modification, but let's have staff as you come in approve the landscape plan. So, there will be a concept plan attached to this development agreement. The landscape plan and the overall sign package. And, again, that be -- the one issue that we have here with the sign change, again, just to repeat, the idea is to make this easy for the travelling public to find their way to the park and so that's why we are asking for that change. And with that we are in agreement with all the rest of the staff findings and if I can answer any questions or if anybody here can answer. Bird: Any questions? Thank you, JoAnn. Butler: Thank you. Bird: We had nobody sign up. This is a public hearing, so if anybody would like to testify, if they would come forward we would entertain that now. Council, any questions before we close the public hearing that need to be answered? If not I'd entertain a motion to close the public hearing. Nary: Mr. Bird? Bird: Yes. Nary: One question I guess of Council might consider, before you close the public hearing in case the applicant has some comment, but the venue where they are talking about this being an event -- venue to go into the different hours of the night, we do have an ordinance in regards to noises creating public disturbances that doesn't grant an exception for development agreements. So, they still would have to comply with the city code in relation to noises and -- and there were some concerns expressed I see to the Mayor's office last year about an event that was held. There was a concert I think that went fairly late and as Bill Parsons has said, there is a lot more residences in this area than there used to be, but I did want to make it clear, I did look up the ordinance again to be sure and it doesn't grant any exception for a development agreement or a zoning exception or anything like that. The only activities that are exempted are either activities that occur in a park or activities that require a permit and those are very narrowly focused to parades and fireworks displays and things like that. So, I don't think a development agreement was ever contemplated by ordinance as an exception. So, I just wanted to raise that issue in case you had a concern since that was raised by Planning or the applicant had a comment about that. I don't Meridian City Council November 15, 2016 Page 29 of 70 know if they plan on having events that cause a lot of noise and disturbance past 2:00 in the morning -- or, excuse me, past 11:00 at night, but that is a concern that comes up periodically in the city, so -- Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. President, Mr. Nary, thanks for bringing it up. I kept going to the mic, because I was going to ask that question, because I remember we got that e-mail from the citizen saying, hey, it's loud over there. Well, it was like 10:30 and, then, our ordinance went to 11:00 and when we e-mailed them about them they said, oh, we are very conscious of the law and we are going to make sure that we continued to adhere to it. So, they -- they knew what they needed to do and they were going to adhere to it, so I didn't have any concern. Nary: Yeah. And I just wanted to raise it in case there was an issue by either the Council or the applicant. I just wanted to make sure it matched up with our ordinance, so -- Butler: And JoAnn Butler again. And, yes, we did review that with staff when we met with them in pre-application meeting and whatnot and just talking to Pat, no, they don't intend to be -- they are well aware of that noise -- the noise ordinance and so they intend to comply with that. Bird: Great. Thank you, JoAnn. Parsons: Mr. President, Members of the Council, looking at the ordinance and reading a little bit further, it does specifically prohibit the outdoor activities to 6:00 a.m. and 11:00 p.m. as well. So, it does align with our noise ordinance as well. Bird: Any other questions? Milam: Mr. President? Bird: Mrs. Milam. Milam: Seeing nobody is jumping up and down to ask questions. I move that we closed the public hearing on H-2016-0119. Palmer: Second. Bird: I have got a motion and a second to close the public hearing on 2016- 0119. All in favor say aye. Opposed same sign? Okay. Passed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council November 15, 2016 Page 30 of 70 Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve H-2016-0119. Little Roberts: Second. Bird: I have a motion and a second. Any discussion? Any questions? Hearing none, Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing for Citadel 4 Storage Ten Mile (H-2016- 0114) by Citadel Storage, LLC Located 4015 N. Ten Mile Road 1. Request: Annexation and Zoning of 9.97 Acres of Land with an I-L Zoning District Bird: Next item is E, public hearing on H-2016-0114, Citadel Storage, LLC. Josh, is that you again? Beach: It is. As you said, this is an application for annexation. This site consists of 9.97 approximate acres of land, which is currently zoned RUT in Ada county. It's located at 40015 North Ten Mile Road. The Comprehensive Plan future land use map designation is mixed-use non-residential. The applicant requests annexation and zoning within the I-L zoning district, which is consistent with the mixed-use nonresidential land use designation. The purpose of this designation is to set aside areas where new residential dwellings will not be permitted , as residential uses are not compatible with the plan and were existing uses in these areas. If you're not familiar, the water treatment plant is this property here. So, that's part of the reason why this property is -- the Comprehensive Plan designation that it has. The applicant proposes to develop a 193,823 square foot self-service storage facility, consisting of a 1,156 square foot office building and a combination of enclosed and open outdoor storage. The site is proposed to develop in two phases. As you see here in the box that would be the first phase with approximately 63,187 square feet of storage in the first phase and 130,636 square feet in the second phase . Access to the site is proposed via Ten Mile Road, which is designated as an arterial roadway. Staff recommends a minimum 20 foot wide driveway and cross-access be provided from the proposed site to the property to the north and south in accord with UDC 11-3A-3. The applicant is Meridian City Council November 15, 2016 Page 31 of 70 requesting the DA provision requiring the cross-access be modified if the subject property does not develop with a self storage facility as proposed. A 35 foot wide street landscape buffer his proposal along North Ten Mile Road. A 25 foot landscape buffer is required to be landscaped in accordance with -- in accordance with UDC 11-3B-7C and the ordinance requires that any building setbacks be setback 35 feet from the road for any property in the -- in the I-L zoning district. The property does abut a residential use along the portion of the southern boundary, which is approximately 500 feet. Go back to the aerial here. This property here has a single family residence on it and as you can see we don't have a color like this property over here, so it's a -- it's a county -- county property. UDC 11-2C-3 requires the applicant to construct a 25 foot wide landscape buffer with vegetation that touches at maturity along any residential use. So, the applicant -- staff is requiring that the applicant provide that along that portion of that southern boundary. There is an existing home on the subject property and associated outbuildings that will be removed with development of the site. Building materials for the site include a structural wall would be around the perimeter of the development, which consists of split-face CMU, with accent mortar, ribbed metal walls -- ribbed metal wall accents and trim and metal roofing. The office will consist of two different colors of stucco. The applicant is required to obtain approval of certificate of zoning compliance and design review application for the proposed structures and site design for the self-storage facility in accord with the UDC and the architectural standards manual. The Planning and Zoning Commission did recommend approval. Summary of the Commission -- Jim Conger, the applicant, was in favor. There was none in opposition. Did receive comments from Jim Conger, as well as written testimony. Bill Parsons presented that application. There were no other staff members commenting on that. Key issues of discussion by the Commission whether to recommend approval of reducing or waiving the landscape requirements along the southern boundary of the property. Key Commission changes to staff's recommendation are they modified Condition 1.1.1C as follows: The applicant is also required to construct a ten foot wide landscape buffer for the eastern 150 feet of the southern boundary adjacent to the existing rental house. So, Commission reduced that 25 to ten and only on the first 150 feet starting from Ten Mile Road and going west. They modified Condition 1.1.1D as follows: The applicant shall provide cross-access from the north to the south if the site does not develop as a self-storage facility. Outstanding issues for City Council. The applicant is requesting that they only be required to install a ten foot landscape buffer along the southern boundary of the property and only for the first 150 feet of the property starting from North Ten Mile Road. So, the Commission did recommend that. That takes Council action. With that staff is recommending approval and I will stand for any questions you have. Bird: Council, any questions for staff at this time? If not, is the applicant here? Please state your name and address. Meridian City Council November 15, 2016 Page 32 of 70 Conger: Good evening, Mr. President, Members of the Council. Jim Conger. 4824 West Fairview Avenue. The only clarification I will make to Josh is that he said it was adjacent to the treatment facility -- or water treatment facility. It's actually right next to your wastewater treatment facility, which is why there is no residential allowed in the future. So, we are proud to bring another Citadel Storage in this industrial area. We are in agreement with the staff report as approved by the Planning and Zoning Commission as Josh indicated and forwarded to you tonight. So, with that I will stand for any questions and appreciate the approval. Bird: Any questions for Mr. Conger? None. Thank you, Jim. This is a public hearing. Is there anybody that would like to testify? Hearing none, Council, I would entertain a motion to close the public hearing. Borton: Mr. President? Bird: Mr. Borton. Bird: Move that we close the public hearing on item H-2016-0114. Palmer: Second. Bird: I have got a motion to close the public hearing and a second. All in favor say aye. Opposed same? Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. President? Bird: Mr. Borton. Borton: Move that we approve Item 10-E, H-2016-0114. Palmer: Second. Bird: Have a motion to approve H-2016-0114 and a second. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Public Hearing for Paramount Director (H-2016-0104) by Brighton Investments / Land Holdings Located Meridian City Council November 15, 2016 Page 33 of 70 Southwest Corner of W. Chinden Boulevard and N. Meridian Road 1. Request: Rezone of 37.31 Acres of Land from the C- C and TN-C Zoning Districts to the R-15 Zoning Districts 2. Request: Preliminary Plat Approval Consisting of 196 Building Lots, 12 Common Area Lots and 2 Future Right-of-Way Lots on 35.63 Acres of Land in the R-15 Zoning District 3. Request: Modification to the Development Agreement to Amend Certain Provisions and Inclusion of a Conceptual Development Plan Bird: Item F, H-2016-0104, Brighton Investment Land Holdings, southwest corner of West Chinden Boulevard and Meridian Road. Bill, is that you? Parsons: Council Members, President, we are going to get the other planner to come present the project. So, Sonya should be here in a minute. Bird: Okay. Allen: Excuse me. You guys were quicker than I thought. All right. The next application up is a request for a rezone, preliminary plat, and development agreement modification for Paramount Director. The subject property consists of 35.63 acres of land. It's zoned C-C and TN-C and it's located at the southwest corner of West Chinden Boulevard and North Meridian Road. This property was annexed in 2013 and a modification to the development agreement for the larger Paramount development was approved to include the annexation area in the existing agreement. A preliminary plat was approved at that time. No. Excuse me. Earlier this year for Paramount North 40. The Comprehensive Plan future land use map designation is mixed-use community on the northern 26 acres and medium density residential on the southern 15 acres. A rezone of 37.31 acres of land from the C-C and TN-C zoning districts to the R-15 zoning district is proposed for the development of 196 single family residential attached units , consisting -- consistent with the associated MUC and MDR future land use designations for this site. An amendment to the existing development agreement is also proposed that will update the development plan for this site and amend certain provisions of the agreement. A preliminary plat is proposed as shown that consists of 196 building Lots, 12 common area lots and two future right-of- way lots on 35.63 acres of land in a proposed R-15 zoning district. Two different types of single family attached structures are proposed within this development. The Encore units are an age-qualified 55 and older single story attached product, configured in quads with shared driveways and side entry garages , located on Meridian City Council November 15, 2016 Page 34 of 70 the western portion of the development, consisting of 98 units. The Cadence units are a two story attached product with side entry garage s, accessed from shared driveways located on the eastern portion of the development. Also consisting of 98 units. All development is required to comply with the dimensional standards of the R-15 district. The applicant has submitted an exhibit for each of the unit types that depicts building f ootprint as shown, setbacks, common driveways and off-street parking. The rear setbacks of the Encore units that back up to common area need to be extended from three feet to a minimum of 12 feet and the parking pad for the Cadence units does not meet the minimum dimensional standards for the two off -street parking spaces per unit that are required, which makes the development short 196 off -street parking spaces. The plat and/or unit types will need to be revised to comply with the minimum setback and parking standards or the applicant may submit an application for an alternative compliance to the parking standards . Access is proposed via North Fox Run Way, a collector street, which was previously approved with the development agreement and preliminary plat for Paramount North 40 and is shared with the assisted living facility to the west. Two accesses are proposed via West Director Street, a collector street. Direct lot access is not proposed or approved via West Chinden Boulevard or North Meridian Road. Common lots are proposed along Chinden and Meridian for future right of way for expansion of these streets. Common shared driveways are proposed throughout the development for access to the units. A total of 8.63 acres or 24.2 percent of qualified open space is proposed. Proposed site amenities consist of a swimming pool and clubhouse in the Encore portion of the development and a swimming pool with a risk -- excuse me -- with a restroom facility, tot lot, and associated parking area in the Cadence portion, which is, again, on the east portion of the development. A ten foot wide multi-use pathway is proposed along Chinden and Meridian in accord with the pathways master plan . Conceptual building elevations were submitted for each of the two types of attached units as shown. The Cadence and Encore. Building materials consist of two different types of materials with stone veneer accents . The applicant states there are two different Encore floor plans, one for the front units and one for the rear units, with elevation variations and one floor plan for the Cadence units with a few differences between the back-to-back units primarily on the first floor. All attached structures are required to comply with the residential design standards listed in the architectural standards manual. The Commission did recommend approval of the subject applications at their hearing. Mike Wardle, the applicant's representative, testified in favor. Elizabeth Davis and Brian Davis testified in opposition. Written testimony was received from Mike Wardle, the applicant's representative, in agreement with the staff report. Key issues of discussion -- the public was not -- the public that testified was not in favor of the attached housing type and higher density proposed within the Cadence portion of the development, as compared to the detached homes and lower density within the adjacent Paramount Subdivision and they were concerned that the homes will be purchased by investors and turned into rental properties. Key issues discussed by the Commission was concern regarding the lack of off-street parking that was Meridian City Council November 15, 2016 Page 35 of 70 below UDC standards within the Cadence portion of the development and they were in favor of the proposed housing types , density, and transition between developments. There were no changes to the staff recommendation. The only outstanding issue for Council is the off-street parking I mentioned in the Cadence portion of the development is significantly below that required by the UDC. A condition is included in the staff report for the applicant to reconfigure the lots to meet the UDC parking standards or submit and obtain approval of an application for alternative compliance with the final plat application. No written testimony has been received since the Commission hearing. Staff will stand for any questions. Bird: Any questions for Sonya at this point? The applicant is ready. Wardle: Mr. President, Council Members, Mike Wardle, Brighton Corporation. 12601 West Explorer Drive in Boise. Just right at the get go and for the record we concur with the staff recommendation as forwarded to you with a recommendation for approval by the Planning and Zoning Commission, including a resolution to the parking issue for Cadence, which we will deal with in due course. I just want to spend a few minutes -- Sonya has done a really very good job and most of what I'm going to show you has already been shown , but there are a couple of specific items that we would like to address. As noted, we are requesting a change of zone from commercial zone to C-C and the TN-C to an R-15 and that's primarily because of the dimensional and setback standards of the R-15, even though we do not even approach the R-15 density. Also the detailed site plan, which is a modification requirement for the development agreement and the preliminary plat as noted. Thank you, Sonya. I'm not -- my finger hasn't figured the screen out yet. There are two Comprehensive Plan land use designations. The tan along Chinden is mixed-use commercial -- or, excuse me, mixed-use community. The yellow, which encompasses virtually all of the single-family portion of Paramount, is the medium density residential. You will see the -- the Comprehensive Plan density objectives from each of those designations and, in reality, what we are proposing with Paramount Director is much less than the mixed-use community and right at the midpoint of the mix -- or, excuse me, the medium density residential. This project is not high density. It is not multi-family. It is not out of character with Paramount. It just happens to be a different form of single-family choice afforded to future residents. The next slide, just for context to show Paramount Director really is the last residential component of the project. It's been -- I guess we started this project in 2003, so over the last 13 years there has been a great deal of development in this area, with the exception of the Paramount Director and the southeast corner of multi- family, which have yet to be developed , I have shown, for instance, the type of density that has been created throughout the project and it depends clearly on the size of the lots. You will see a range from about 3.4 on the low end up to 4.3 single family, but, then, the highest density that we have up to this point down in the southeast corner of the are the alley load and some greenway lots, just over six units per acre. When you look at the overall project, including the elementary school site, the parks and all of the open space, the overall density of the project Meridian City Council November 15, 2016 Page 36 of 70 is 3.25 units per acre. If you account for the future of Paramount Square Apartments and the Director density of five and a half units per acre, the overall project completed will be 4.02 units per acre. Paramount, I believe, is the most complete community in Meridian, with the schools, the parks, with diverse housing, the commercial, some of which has been completed and a great deal more to be done. Churches and services afforded to the residents within that square mile. There are a couple of parcels that we don't control, but will certainly be developed at some point in the future, but in context Paramount is a very complete community, with a fairly diverse character. The next slide simply kind of reiterates what Sonya has already pointed out. The Encore product to the west, which is adjacent to the assisted living structure that's under construction currently that's noted or called Veranda and that's located just on the east side of Fox Run Way, Encore will be single story age-qualified and we will market them as townhomes, even though under your code they don't actually qualify as townhomes. Townhomes under the UDC is three units or more attached. These will be simply by your code single family attached two units each. The Cadence portion will be two story units and so a bit broader market in the sense that it will be open for all family sizes and characters, certainly ranging probably from empty nesters to young families getting a start. So, it's not much different in character than what is afforded to folks that already live within the community. I would just point out that these units are by, again, code definition not duplexes. A duplex consists of two units on a single lot. These will all be owner -- each unit will have its own parcel ownership. The next slide, just, again, shows the distinction. This particular product, because it is age-qualified, will have its own private pool and clubhouse. The unit -- the ownership line shown in the lower corner shows how those units would be broken up in terms of ownership . The next slide actually shows a similar project in the nearby community of Boise. This is located at Cloverdale and Ustick, but it shows how paired units are configured in a quad configuration with shared driveways in lower courts that are off streets . So, the yellow lines simply show how we have got two units each connected and, then, they are separated by a little bit of a -- it's a utility corridor between the structures, so it -- all of the utilities can be off the street and out of the lower court, but that just shows how the character of those attached units in that quad configuration are delineated. Cadence -- again, a family community, two story units will feature the fourth Paramount community pool and playground open to all residents of the community. Long planned and long promised. And so that particular product line will have, again, some shared facilities in terms of the off -street parking and will be acknowledged that Condition 1.2.3D is the one that requires us to either reconfigure the units to provide that off-street parking or to seek and gain approval of an alternative compliance proposal and that we will do . The next -- and almost final slide simply, again, shows the ownership line in red with the Encore products, the age-qualified single story to the left, Cadence two-story to the right and it shows the separation between those units with green space , so that there is -- and I think Sonya had indicated the amount of open space, but it's 20 plus percent overall. Again, with two significant features. One a private pool for the 55-plus group, another for the overall community that would provide the Meridian City Council November 15, 2016 Page 37 of 70 fourth such facility for Paramount. The slide is simply we will open it up for questions after we acknowledged our request for Council approval of the rezone from commercial to R-15, the DA modification with a specific site plan for these products and the preliminary plat for up to 196 units. Again, noting that we agree with the conditions that have been forwarded to you from the Planning and Zoning Commission as prepared by staff at the initial hearing. Mr. President, I would stand for questions. Bird: Thank you. Any questions, Council? Thanks, Mike. Wardle: Thank you. Bird: We did have quite a few sign up. A lot wanted to testify. When I read your name if you would like to come testify come on up. Steven Chrysler. If you will give your name and address, please. Chrysler: My name is Steven Chrysler and I live at 417 West Broderick Drive in Meridian. After reviewing the proposed request to change the zoning, I object to it on the grounds that the schools are overcrowded. I have a son at Rocky Mountain High School. It's my understanding the place was built for 1,500 students. It currently has approximately 2,000 students. I have another son who goes to -- to the middle school nearby. Before the current school year they asked some of the students to share lockers, because they did not have enough lockers. That school is overcrowded. And the roads in the neighborhood -- there is too much traffic. The current configuration of commercial zoning would be appropriate, because there is not enough commercial facilities around there at this time and the -- Paramount does not need new -- more people. That's basically it. And if you have any questions of me that's -- Bird: Any questions, Council? Thank you. Chrysler: Thank you. Bird: Debbie Chrysler. She's against, but did not want to testify. Karen Coonradt. Coonradt: Mr. President, Council, I live at 5942 North Mitchum Avenue. Bird: State your name, please. Coonradt: My name is Karen Coonradt. Bird: Okay. Coonradt: Okay? And I live at 5942 North Mitchum Avenue. I'm losing my voice, so -- but I object to this and the reason I object to it is because when all Meridian City Council November 15, 2016 Page 38 of 70 homeowners bought their homes the zoning was just as it is stated and this density -- the density that's being computed with parks and schools -- I don't understand that, how you can count the density of this Cadence that way with these two stories. It's just going to impact that area tremendously. I know that they were going to have the -- the senior living there. They told us that when we bought our homes. But we all were aware that the zoning at that time was C-C and TN-C and this R-15 with meeting the high density, especially with the Cadence, is just not acceptable. It's just too many people and I don't know what they are going to do with the cars. You know, how they are going to figure out what they do with the -- the cars, you know. So, anyway, I object and thank you very much. Bird: Just a minute. Any questions? Robert Chlebda. I'm sorry if I'm butchering your name. Chlebda: Good evening. Bob Chlebda is my name. Nice to see you all tonight. My wife and I are at 362 West Bacall and we purchased last year and delighted to be up here. However, we purchased based on the commitment that the zoning was firm at the time, obviously. So, anyway, we are, obviously, against it based on what some of the other comments have been tonight . So, totally wanted to make -- make that abundantly clear and we are highly hopeful of your -- of your correct decision in this matter. Thank you. Bird: Is there any questions for -- thank you very much. Wanda Shelba. She didn't want it testify. Claudia Bail. Against, but didn't want to testify. Lindsay Merrill is neutral, but did not want to testify. Elizabeth Davis is against and, yes, would like to testify. Davis: Mr. President, Members of the Council, I am opposed also -- Bird: Ma'am, would you -- Davis: Oh, yes. Bird: -- state your name and address, please. Davis: Yes. Elizabeth Davis. 115 West Bacall Drive. Bird: Thank you. Davis: I am also opposed to the proposal to rezone this 36 acres of the northeast corner of my neighborhood for three principal reasons . The first of these reasons is the desirability of the current zoning as it stands. I'm sure that you all as Council Members are aware, but in case some in the audience are not aware, the land at the northeast corner of Paramount is currently zoned for C-C or Community Business and TN-C, which is the Traditional Neighborhood Center Meridian City Council November 15, 2016 Page 39 of 70 District and quoting from the City of Meridian's website: The purpose the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. A TN-C is pedestrian-oriented. It's designed to encourage pedestrian connection with a traditional neighborhood residential district and it uses small-scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches and attached and multi- family dwellings. So, this type of pedestrian friendly area with a mix of retail, commercial, and community businesses is really what Paramount needs . That would just be fantastic for our part of the neighborhood . Instead of driving down Eagle Road for a dinner out, it would be wonderful if there were a restaurant right on the corner of the street. Instead of driving several miles to take a pet to the veterinarian what if there were one right on the corner for the residents of the Veranda assisted living facility that's currently under construction ? An area like this, like a TN-C, could really enhance their quality of life. I imagine that most of them will not be able to drive, but if there was something that they could walk to with assistance that could really enhance their quality of life , as well as all the residents that already live in Paramount, such as my family. The second reason I'm opposed to this rezoning is what I would call the bait-and-switch problem. As has already been stated for any residents that already purchased in Paramount , who inquired about the zoning of this area, they would have been told that this area was zoned for community business and the traditional neighborhood center district. So, to change the zoning now, especially, apparently, without much of a compelling reason, is unjust and a classic bait-and-switch for the homeowners that are already there. The third reason that I'm opposed to this change is just the residential versus commercial balance in the neighborhood. Paramount is a great neighborhood. We have lived there since April. I think it could be a model for other neighborhoods as it is currently zoned. We love living there. It has a fantastic elementary school right in the heart of the neighborhood. It has a lot of houses. It has what I feel like is a nice variety of residential options already there. Apartments under construction. There is an assisted living facility. There are small alley -- alley loading homes. There are larger single family homes. A variety of lot sizes. And what we feel like -- or what my family feels like Paramount needs is not more houses, but something -- something else that we could walk to. Bird: Thank you. Any questions for -- Davis: Could I make just one more comment? Bird: One more comment. Yes. Davis: We feel like if the current zoning was a good idea at the time , what has changed that makes it not a good idea now? That's not -- that's not clear to us. Meridian City Council November 15, 2016 Page 40 of 70 Bird: Thank you. Any questions? Thank you. Brian Davis is against and would like to testify. Davis: Brian Davis. Same address. 115 West Bacall Drive. Mr. President, Members of the Council, thanks for giving us this forum to voice our opinions. I think a lot of what I was going to say, which has already been stated, the -- you know, we love the neighborhood, what they have -- what they have done with it and I don't think that the zoning change is -- is justified. As my wife stated, I'm unaware of any compelling reason that goes above and beyond to -- I'm just not sure what added value there is to making this zoning change and adding the residential houses, the parking, schools, all that stuff. I'm just not sure how that increases the value of Paramount in any way and we have a plethora of children in our family, so we have a long time to -- to live there and it's a nice little community as it is. When we get older we can transition right on into the assisted living, so thank you very much. Bird: Any questions? Thank you very much. Kristin Arnell is against, but didn't say whether they wanted to testify or not. Is there a Jessie? Or Maguire? Jessie Maquire? Okay. They were neutral. Jonathan Sage is against and would like to testify. Sage: Good evening, Mr. President, Members of the Council. My name is Jonathan Sage. I live at 137 West Bacall in the Paramount Subdivision. I am against the motion to change the zoning of it , as I believe it is a bit of a bait-and- switch. We live directly south of where the proposed development is going to be . We were really looking forward to the C-C portion of the zoning for that, as we believe a community center that has commercial properties would be a value to us as we like to walk the neighborhood on a regular basis and it would be nice to have an anchoring point with which we could have our walks within the neighborhood. Both my wife and I, we really see value in that. In addition to that, I seeing the zoning increase the density of our neighborhood is something that concerns us, since we just had our first born child and we are worried about increasing the density within our schools that according to other members of the committee already seem to be overcrowded and that is all. Questions? Bird: Any questions, Council? Thank you very much. Sage: Thank you. Bird: Karen Pestka. Bob Lockery. Kerts: I think I'm the person you're after. I'm the last one on the -- on the front of the page, if you have a piece of paper. Bird: Kerts? Meridian City Council November 15, 2016 Page 41 of 70 Kerts: Kerts. Bird: Okay. We are going down the list. Is there Karen Pestka? Does she want to testify? If you want -- you got to come up here. Pestka: Mr. President and community. I'm pretty much the same as everyone else. I'm against it. But the biggest reason is the off -street parking. Anyone that lives in Paramount and has that high school in there with school-age drivers, they drive extremely fast and I think going down that street around with cars and you have this pedestrian walkways, it's going to create a hazard and even more so. They already have everything planned how it was. We have lived there since March. Been in the neighborhood in that area for 11 years and just the overcrowding of schools is just becoming a nuisance. Even though our daughter graduated last year, it's just -- we can't afford to keep putting the schools in jeopardy. Bird: Ma'am, would you state your name and address to get me out of trouble. Pestka: Karen Pestka. 5997 North Mitchum. Bird: Thank you. Any questions? Thank you very much. Sherwin. Did not want to testify. Is against. Jake Griggs is against and he didn't -- he put a question there. I guess he wants to testify. Griggs: Good evening Mr. President, City Council Members. My name is Jake Griggs. I live at 116 West Heston. My house actually backs up to where this will -- the Cadence Community will be developed. I kind of feel the same as everybody else. I do think there shouldn't be any exceptions whatsoever to parking. As the folks on the south part of the subdivision with the school of seeing lots of issues come up with that, I think the same thing with multi-family dwellings. Another concern that I have is with regards to rental units. Eventually the homeowners association will be passed off from Brighton into the hands of the homeowners and at some point most HOA associations only allot so many rental units per housing subdivision. I think that will become our problem later when right now it probably should be considered by Brighton . A couple other things. The schools, they are entirely overcrowded. With the opening of the new elementary school last year that did free up Paramount Elementary. I foresee that being a fairly large problem with all of the multi-family dwellings and, then, just the traffic -- the access points in and out, you know, they say off of Fox Run will be an access point. I struggle with that with the assisted living community. Therefore, the other two are right on Director right to where all of our houses are, coming in and out. So, that's all have. Any questions? Bird: Any questions? Thank you very much. Griggs: Thank you. Meridian City Council November 15, 2016 Page 42 of 70 Bird: Eric Delreal. Name and address, please. Delreal: 6010 North Peppard Avenue. Eric Delreal. Yeah. Pretty much like everybody said, I don't agree with that. One of the main reasons is going to be the schools. I got my daughter and my other daughter in the high school and elementary and they are pretty crowded. The only thing is like I mean we wanted to state that we did our due diligence looking for the best schools that we could possibly find in Meridian and Boise and all the cities around and we came out with Paramount. We found the schools and that's what we wanted. We rented for about a year to see how we like the neighborhood and my wife she loved it, so that's why we are there. Besides all the concerns that everybody said, I wanted to address what is going to do that to our property values. We just bought a house right there and I -- you know, we pretty much spent everything we had and if they do that then how is that going to affect our property values. Bird: Any questions? Thank you very much. Dawn Delreal. Jeremy Schroeder is neutral and did not want to testify. Ramona Neal against and did want to testify. Thank you. Neal: Good evening, President, Commissioners, staff, clerks and my neighbors that I haven't even met yet. My name is Ramona Neal and I live at 181 West Bacall. I moved into this home in February of this year. Since then I have seen the development of the retirement center that is on Fox Run . There is a lot of commotion there. There was one sign posted there at that corner. There was a sign posted on Director and there was a sign posted, I believe, on Meridian Road. The signs that are on Director would not be seen by most of the people in the subdivision. Most of the people in the subdivision come right on Fox Run. So, they might have seen the one sign that was there where the retirement community was being built, but mind you when you're coming down Fox Run you're trying to get out if you're going to work. There is a lot of commotion right there. There are cars, there are vehicles, service vehicles, et cetera, being parked there and so the sign being there was not completely apparent and I -- I thank you for your attention and patience with t his important decision for us. We just bought these homes. They are over 300,000 dollars. They are beautiful. But we have made significant investments. So, I appreciate your patience. It is late. I had the opportunity to run over to my parish, which is Holy Apostles, and Holy Apostles is on the corner there and it's right across Meridian. They didn't know anything about the change -- the zoning change. They said they didn't see any of the signs and they are building St. Ignatius Catholic School, which is right across the street. All of the traffic that will come out of this new development wil l come straight out onto Meridian Road or it will go through Fox Run . What I learned from pulling the ACHD report is that we can expect 1,140 trips of vehicles to come out of that development every day. The Ada county report looked at Fox Run, it looked at Meridian and it looked at Chinden. It failed for Chinden. They said that's an Idaho Transportation Department issue. We don't Meridian City Council November 15, 2016 Page 43 of 70 care. Well, it's not that they don't care, but it's not their issues to decide. Fox Run they said was better than a D and they said that the other street was also better than the D. They did not look at Director. They asked that -- and Director, by the way -- the two streets that will come out on Director or Garbo and they are -- I'm afraid I'm forgetting the other one. Garbo and, then, there is one more. So, there is two streets that come straight out on Director and, then, they are going right out onto Meridian. The ACHD report said that they asked that Channing Way be closed and I think Channing Way is the street tha t comes out by the retirement center and I'm not sure, maybe someone can correct me if I'm wrong, but that would mean that the outlet to Fox Run is closed and everything is going to come out on Director. That's 1,140 cars out on Director Street every day and that means my street, too, that comes out, which is either Bacall or the one that I can't remember, will be the two that are venting out onto Director and you're going to have 1,200 cars coming out there. The point made about the density, I understand that R-15 in the proposed development is less than some of the other neighborhoods within our subdivision, but it is greater -- it is greater than the density that would have been proposed by TN-C. So, they are trying to compare apples to apples and it's not apples-to-apples, it's apples to oranges. R-15 is a much greater density than TN-C. So, we are talking 1,140 cars out on that street every day. For me it's mindboggling. That's a lot of cars. Bird: Ma'am, would you wrap it up, please. Neal: I definitely will. I will tell you that there are 805 students currently in Paramount Subdivision. With this new development you will add 200 students. That's another 25 percent to that school. I don't think it can handle it. If the school can't handle it, that means buses or it means parents taking their children to school. I'm worried about the infrastructure. If they actually were doing the zoning at the time and building for the units that they had , they knew at the time we bought our houses that they were going to put this development in. Otherwise, the infrastructure that's there is infrastructure for the TN-C, because it's -- it's paved over. They have got irrigation, they have got all that stuff already there and so the question is they were -- they knew about this before they told us -- before we bought our homes. I'm worried about whether or not there is sufficient water. If you had TN-C, you know, infrastructure there and you have now -- you have irrigation for 196 units or water for 196 units, where is that water going to come from? Things like that. Thank you so much and with that I will close my remarks. I am available for questions. Milam: Mr. President? Bird: Mrs. Milam. Milam: Not really a question, but more of a comment. At least I have heard it a couple of times already and I hear -- I really hear all your pains and I get it all, because I live here, too. But in the TN-C zoning multi-family is an acceptable Meridian City Council November 15, 2016 Page 44 of 70 use. This is much less density than a multi-family unit and so without changing this to an R-15, which they are really going -- it's really -- they are putting in at about five and a half per acre, they could be putting in apartments right there in the TN-C. So, I just wanted to clarify that to you guys. Neal: I guess that's true if what was promised or what was going to happen there were apartment buildings, but that is not the representations that we heard when we looked at TN-C and it does also include the parameters for small retail pedestrian, which is what we were kind of hoping. So, I understand what you're saying and we could get worse than we have I think is what you're trying to point out to me. I get that. But I'm trying to make sure that this commission is aware of some of the things that could impact the homeowners , the traffic, and some safety concerns there. There are schools there. Paramount was promised to be this type of a community and I just want you to know that this may impact it and it may not be that type of community any longer. Thank you. Any further questions? Comments? Bird: Any questions? Thank you very much. Jeri Collins. She is against, but she didn't want to say whether they wanted to testify or not. Sheldon Anderson was against. Anderson: My name is Sheldon Anderson. I live at 5964 North Mitchum, which we live directly south of the proposed Cadence . Our objection is the high density or label of townhomes. We know what happens to townhomes. Off-site parking. You know, 98 units with one or two -- maybe three cars per unit, parking on the streets, we all know what that looks like or attracts. My wife is a professional property manager. We know what happens to townhomes. Eventually get sold for rentals. We know what type of the demographics rentals bring people in and out, in and out, it becomes a transient type of neighborhood, bringing people in and out, and we object to this. So, the Cadence part of the high density. And the traffic -- we all know people will avoid going Fox Run to Chinden. That forces all that traffic out Director onto Meridian directly across from the school and everything. So, it's going to be pretty hectic going through there. Thank you. Bird: Any questions? Thank you very much. Terrance Kurtz. Now, it's your turn. Kurtz: Mr. President and Council, my apologies first. My hair is gray and my hearing is not great and you were speaking down here, so I didn't hear clearly. I thought you were struggling with my name. Bird: I have got the same problem. Kurtz: Terrence R. Kurtz. I live at 652 West -- I’m tired already. 652 West Barrymore. My wife and family moved here in May of 2011 back when we could see the Catholic Church from where we were and certain representati ons were Meridian City Council November 15, 2016 Page 45 of 70 made about the development. We knew ultimately in the course of time it was going to be filled up. The first couple years I ended up being on the traffic committee in the Paramount Subdivision, but we had traffic problems at that point and that was really before a lot of the new construction has taken place. A year ago there was a ballot provision to ask for a hundred million dollars to improve and enlarge on schools in the school district and it was turned down in the fall. A scare campaign was run telling us that the quality of our children's education would be in peril and all these bad things would happen and they put it on the ballot in the spring I think of this year and it passed . It added 300 dollars to my taxes. When I moved here in 2011 my property taxes were 2,300 dollars. Today they are 3,500 dollars. That's a 50 percent increase in five years. Our federal government asked for a 75 percent increase going to the third year for health insurance. That kind of thing is unsustainable. Now, we have yet to see the apartments that have been approved for the southeast corner of Paramount Subdivision. On the chart it showed it at a density of 18. It's going -- two years ago I spoke to Principal Brigham at my children's elementary school and asked where are these people going to go to school. You know, they are proposing -- they have already approved -- I mean it's a done deal. I realize that. They have got all these families. The demographic in Paramount tends to be young families with lots of children. The principal couldn't tell me where the children were going to go to. All the schools -- Paramount is unique in that it's got -- within the square mile it's got the high school, it's got the elementary school, and, then, Heritage Middle School is just across Meridian Road. There is a rush hour in Paramount just at the time children move to their schools. Buses, parents driving their kids to the elementary school, a lot of it's internal. There has been people coming across Chinden, down Fox Run, going to the high school. There is a lunch hour rush hour at the high school and we yet have the traffic coming from all those apartments to deal with, much less what's now proposed for the northeast corner. I don't understand why the Council isn't -- I understand the developers want to maximize their profits, but who is looking out for the people in our subdivision and the quality of our life and protecting us . This current election they had three ballot issues for money. One for the Western Idaho College and one for pools and one for the -- anyway, three ballot issues asking us for money and they all three got turned down. I don't understand -- Bird: Sir, time to wrap up. Would you, please, wrap up. Kurtz: Okay. My point is this: I -- whatever will minimize the impact on the subdivision where I live is what I want -- I want this Council to look out for us, not the business interests. The homeowners within Paramount and our children and our -- the education -- if we come -- they come back and ask us for more money for more schools, that's inappropriate. That money should be collected before permits are issued and at -- you know, put an assessment tax -- or an impact tax on building permits to pay for these kinds of things. And one last thing. Coming up Meridian Road, when the junior high school is letting out, it's a mishmash of traffic. You have got entrances from this new part of the Paramount that's just Meridian City Council November 15, 2016 Page 46 of 70 been built and is being developed now where the apartments are, trying to cross the -- Heritage School. School is trying to come out and turn left and right -- you can't get -- it's just a robot and it's only going to get worse when that southeast corner is fully developed. What's going to happen when the northeast corner is fully developed? And I will leave that with you, because you are the one who are approving these things to the Planning Commission ultimately and I leave that with you. Bird: Any questions? This is a public hearing. Is there anybody else that would like to testify? Seeing none -- come on up. No. Not twice. Oh, I'm sorry. I'm sorry. Come on up anyway. We will take you and, then, I will call -- Sullivan: Thank you so much. I'm Jennifer Sullivan. I live on 393 West Dreyfuss. And my family -- my husband, my eight year old and I have lived there since 2012. I really appreciate you listening to us, your voting constituents. We are trusting in your wise decisions. I'm opposed to these new zoning changes for reasons that parked -- extra parked cars and driving congestion are posing more and more threat to our young children who walk and play in our communities . I have seen several near misses. The houses are packed pretty tightly already and I think what you are feeling from us is that we feel already that we are pretty congested and these -- the changes of the apartments and now -- and now this proposed change is just feeling a bit much. The pools are pretty crowded. I have taken my now eight year old for years to the pools and we have walked away, because there were too many people there . We bought into this original dream and we have taken walks and we have been looking forward to the shops where we can go as a family and have a healthy lifestyle , which encourages more movement and walking and spending our hard -earned money locally and we just bought into this quality of living, we bought into the dream, and it feels like this is change -- changing on us. Thank you. Bird: Any questions? Thank you very much. I'm sorry. Tom Robert is against, but did not want to testify. Naquel Ross against and does want to testify. Ross: Hello, Council Members. My name is Naquel Ross and I'm at 6043 North Peppard Avenue and I am opposed to the change in zoning because of -- our family had made a decision to buy and build based on the current zonin g information and we want that zoning to stay the same. To change the zoning and development plan now for this parcel of land is unjust, particularly since there is not a compelling reason to make the change. My husband was not able to attend tonight. In his -- in his words he said that it should be kept how it was originally said. We bought our homes because of this information and now they change it. It's like it's not honest or fair and we are also worried about the concerns of some of these townhomes and things being rented out as the gentleman over here kind of explained what that can be like when they become rentals and also how will that affect their property value . W e put a lot of money into this home and we are worried about that. Also I'm concerned about traffic, Meridian City Council November 15, 2016 Page 47 of 70 as many have spoken about the loss of the school capacity. I have three children in the schools and so our family -- we respectfully request that the city will not -- the City Council, that you will not -- sorry. Our family respects -- respectfully requests that the City Council will not approve this proposed zoning change. Thank you. Bird: Any questions? Thank you very much. John Sullivan. Sullivan: Thank you. John Sullivan. 393 West Dreyfuss. I echo my wife's commentary. I just wanted to voice my objection. I wanted to add that we have also -- already had an incident where a pedestrian has been hit by a car, so the congestion is very much a concern. I also buy in that what was sold to as originally or communicated to us while we were purchasing the home was the original zoning and I would like that to stay in place. That's all I'd like to say. Bird: Any questions, Council? Sullivan: Thank you. Bird: Thank you. I can't pronounce -- I think -- is there anybody that wants to testify? This is a public hearing. Please come forward. Delreal: Good evening. My name is Gisela Delreal. I live on 6010 North Peppard Avenue. You heard my husband a little bit earlier. We have been here since April of this year in the home that we purchased and , to be honest, the streets are crowded with children always playing. They are always outside. But that is where you will always find them. They are never inside, besides when they are doing homework. And if we add additional congestion to that I can just imagine, you know, the problems that we would see with the little ones running out and I'm talking four, five, six -- all -- all ages are out in the middle of the street and, granted, where we are it's -- it's a little bit quieter, but the kids do venture out to busier streets and I'm afraid that, you know, at some point there is going to be so much traffic that nobody is paying attention. And besides the schools being congested, we have -- like myself, expect the parents that are going to have children, you know, five, six years down the line where the schools are even more congested and what are we supposed to do? We have invested everything we have into the purchase of our home and we can't just pick up and go somewhere that's less congested, because of the schools that we want to provide our children with. Bird: Any questions? Thank you very much. Anybody else? Mike, would you like to reply? Wardle: Mr. President, Council Members, Mike Wardle again for Brighton. I was sitting pondering what the feelings might have been if we were proposing to go the other direction from a residential use to commercial. I suspect that the Meridian City Council November 15, 2016 Page 48 of 70 arguments would have been largely the same. We are proud of the community that's been created and I think that the folks here th is evening have affirmed the quality of the community and this is not proposed in any way to detract from the quality or character of the community. There was certainly no bait and switch intended. When this was annexed and zoned in 2013 we did not have a specific plan, but there have been two applications that this concept has been presented to since 2013 to the neighborhood and also to the Council. When we brought the Veranda assisted living project forward I showed to the Council at that point the concept of virtually what we are proposing this evening. Slight tweaks in the -- the layout. So, it's really a matter of -- as the market evolves over time in any project, there are some uses that are longer term and candidly when you look at the southeast corner of the Paramount section where we have the commercial and the multi-family, that area has not yet developed in commercial. It takes time for that to occur. Now, this could be -- I guess we could sit and hold this, but our intent is to build this community out. It's fascinating to me to listen to the distinction that the -- the neighborhood has about the character of the people that will live in these homes. These will be single family homes that will back up to a collector roadway that will have their single family homes backing up to the same collector roadway and the same character of their family makeups will be identical. These residents will be them, but in a slightly different form of housing. Schools. Always a challenge. Always have been. They follow the need just as the need that these people created for schools when they chose to build a home in this neighborhood. There was a comment made by one of the ladies concerning the ACHD staff report that I just want to clarify. ACHD did not recommend closure of the access to -- I believe it was called to Fox Run. They recommended that it be made public, so that it -- because that will be not only an access for the assisted living, but it will be the westerly access for this project as well. We have to have the two access points. The two on Director, again, go into a collector roadway that forms a clear distinction in terms of neighborhoods between the area to the north and the area to the south and as has been stated by one of the neighbors, their community that backs up to Director is, essentially, kind of an enclosed little community. Certainly children can move out of their neighborhoods if they choose to do so. But it doesn't change the character of what their experience is. This will not have any direct impact on them internally and, quite frankly, not from a property value perspective . These are just the same type of people. In one case a bit more on the senior side. In the other case small families, potentially, living in a choice of lifestyle, but ownership is the same. There is no distinction between the two. I will conclude with that, unless you have questions, but I think Mr. Turnbull would like to also make some comments. Bird: Thank you, Mike. Any questions for Mike? Wardle: Thank you. Bird: David. Meridian City Council November 15, 2016 Page 49 of 70 Turnbull: Mr. President, Members of the Council, David Turnbull. 12601 West Explorer Drive in Boise. I want to be brief, but I will probably respond a little bit to some of the points that were made point by point. I will go back ten years. We actually commissioned a plan over this northern property that actually included about everything these new sections west of -- or, excuse me, south of Director that are now the residents where some of these people live. The plan and the idea back then, even ten years ago, was to create a different kind of living environment. One of those components that we unveiled back then was the idea of a continuing care retirement facility and I want to just point to the nature of Paramount as a whole. We have tried and tried over the course of the last 13 years to provide multiple living environments that would incorporate anybody's lifestyle choices. So, we got the Veranda project under construction now. Obviously, this is for people that are nearing the end of life. The Encore project is an adjunct to that. This is an age-qualified community. Some of you may have been around when we built another age-qualified community called James Place out by the Cherry Lane Golf Course and, you know, the average age in those communities is into the 70s and 80s. And so when we are talking about schools and crowding, a full half of this project is not anticipated to generate any student s whatsoever. The other half of the project, Cadence, actually targets the buyer profile that would be slightly diverse. It could be young couples, newly married, just getting started. Maybe they have a baby or two. But it's not for the -- primarily targeted toward the families that have students that are going to school . Or it could be empty nesters that are just wanting to downsize. So, the issue of school crowding -- this is going to help. On the issue of traffic, everybody wants to think about restaurants and retail and if you even look at this location, the idea of restaurants and retail there is a little bit problematic, because, number one, you have to attract traffic from outside of the community to support those uses . So, we would actually be inviting more traffic into the Paramount neighborhood. We would probably have to get a waiver from ITD to create an access off Chinden and to make anything like that viable. So, the uses we are proposing as Council Member Milam said, you know, under the current zoning we could have gone for apartments, we could have gone for densities nearly two or three times what we are proposing here. So, the traffic issues, although I understand their concerns, we are mitigating those. The density issues are less. As for the rentals, I want to go back about another ten years and just let these residents know what we have done to look out for this Paramount neighborhood. A phenomenon occurred that we had never seen before -- and I don't know how -- if I'm running out of time here, if I have got a time limit, but a phenomenon we had never seen before. One day I came to work and we had had eight sales reported in our community for that weekend and I thought, oh, my gosh that's like -- where did that come from. So, I checked into it and I think -- I can't remember for sure. I think about six of those were investor sales, people who wanted to buy for an investment and I could see this bubble forming and I could see this as a warning sign. We quickly revised our documents with all of our builders to require that their homes be owner-occupied. We were the only ones that did Meridian City Council November 15, 2016 Page 50 of 70 that. All of our surrounding neighbors were selling to investors as fast as they could. Consequently, when the downturn hit and the foreclosure crisis came, if you looked at the websites that tracked foreclosures, Paramount's foreclosure rate was probably a third of what the surrounding neighborhoods were . So, we have always taken that long view in mind here. Now, I will tell you that in the Encore project there may well be some rental properties, because I have a mom that's 89 years old. She doesn't live in Idaho. We actually looked at one of these -- and Mike used this comparison of the Orchard project on Cloverdale and Ustick, which is age qualified and built for older couples. There was a similar project built where she lives and she looked at actually living -- moving there for the environment. But she was 85 years old and they didn't rent. All you could do was buy. Well, it doesn't make a whole lot of sense for my 85 year old mother to be buying a property at that stage of her life. So, there could be those kind of situations. The nice thing about it is these are all under one common area maintenance agreement. All of these units are maintenance free. Both sides. Cadence and Encore. So, they will be managed by an association -- a sub association that will maintain these properties. So, I think that we have taken care of that concern. Somebody mentioned that, you know, they wished there were more pools. Well, guess what, we have provided two. And for the Encore residents we have provided their own private clubhouse. So, I think we have addressed the amenities. We have addressed a lot of the concerns that have been raised here. Obviously, you know, some of these people are probably coming here with a lot of questions on their mind and, you know, we have done our best to have the appropriate neighborhood meetings . As Mike mentioned, we have had a couple of these in the last three years and laid out our plans and I think with a better understanding they will come to recognize that this is actually a really nice use. It diversifies the population base, but it also allows people for -- you know, this is a multi-generational neighborhood and that's what we have always aimed to create and I think that's what we have done a pretty good job at. So, I'd appreciate your approval of this application and I will stand for questions. Bird: Questions for Mr. Turnbull? Thank you, David. Turnbull: Thank you. Bird: Council, what is your pleasure? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: Mr. Present, Mr. Nary, I know I have asked you this a lot here in my first year, but just to keep it fresh and also to the benefit of the public , as we have heard a lot of comments about -- concerning property values and schools and whatnot, what are the parameters in which we can legally decide. Meridian City Council November 15, 2016 Page 51 of 70 Nary: Council Member Palmer, Members of the Council. So, the Council's decision has to be based on your zoning and -- your zoning maps, your Comprehensive Plan, and your city code. The school district is responsible to -- to school -- to educate whatever children that come. They guesstimate those numbers based on formulas, but they really, again, have that responsibility. Schools are not your -- within your purview to use as a basis for denial alone. Property values has not ever been found in the state of Idaho by any court to be a consideration for whether you would amend a zoning map or you shouldn't amend a zoning map. Again, everything is based on your code, your comp plan, everything that's within your purview to review. Traffic is decided by the highway district on what's the appropriate roadway system, access points, levels of service, those are all decided by the highway district. They do have a representative here tonight. I don't know if you wanted to hear from him, but -- I'm sure he appreciated me reminding you that he was here. But, again, the issues of density are within your purview. The issue of zoning does require you to find that the zoning that's requested is reasonable based on your -- your land use map and your Comprehensive Plan and that it's in the interest of the city to amend the zoning. The folks that testified about the zoning are correct, they had an expectation, but they also have the -- they have an expectation, but there is also a right that comes with that on the property and to request a change, which is what's before you. They have the right to come and testify and give you their concerns and issues and that's what they have done. So, property values, that's not an issue. Schools really are not an issue. Traffic, that's not really an issue for the city. It really is based on your code and your Comprehensive Plan. Does that answer your question? Bird: Any other questions? Any other discussion? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: I notice that Justin was squirming a little bit sometimes -- Bird: You want to talk to him? Palmer: You had mentioned -- so, yeah, Justin, if you have got anything you want to chime in, I'd like your opinion. Specifically I guess with the -- we hear often about going both ways. That is some people prefer commercial because of traffic. Some people prefer residential because of traffic. What's the science? Lucas: Mr. President, Members of the Council, for the record my name is Justin Lucas. My business address is 3775 Adams Street, Garden City, Idaho, and I am here representing the Ada County Highway District. As always, I will guide you to the official staff report that was submitted on behalf of the highway district . I do that, because that is our commission action on the -- on the application and Meridian City Council November 15, 2016 Page 52 of 70 the official response from the highway district. Now, as -- as I usually do, I'm glad to provide commentary at the request of the Council. Traffic is -- as you say, there is science behind that and the generation of trips depends on all kinds of things. But typical use is one of the primary drivers. Residential uses typically generate fewer trips than higher intensity commercial style uses . So, that -- in general that that is true. Are there some commercial uses that are low trip generators? Absolutely. Are there some residential types of housing that are a little higher trip generators than others? Absolutely. So, it's -- it's very specific and for this specific subdivision, a comprehensive traffic impact study was completed many years ago when all of this was originally reviewed and anticipated and I do not see anything with these changes that would change the highway district's opinion on the traffic generation. It is unique that you have collector streets on both sides, both the west and the south and, then, an arterial street on the east and a state highway on the north and the trips generated from this subdivision are likely to go to those collector streets, out onto the state highway directly through Fox Run or onto Meridian Road through Director. So, I can answer any other specific questions you may have. Bird: Council, any other questions? Palmer: Mr. President? Bird: Mr. Palmer. Palmer: So, that -- you mentioned that it was unique with the two collector streets adjacent to the -- the property in question. Would that be to the benefit of the proposal, as opposed to just having I guess one -- Lucas: Well, I'm hesitant to provide, you know, benefit type -- that type of language, but what I can say is that collector streets are intended to carry trips to other higher capacity facilities and in this specific situation it appears that the trips that are generated from this proposed neighborhood would not have to cut through other local streets to access those higher-capacity facilities, which is a typical problem that we deal with with new subdivision applications is cut-through traffic on local streets. In this specific situation I don't see that occurring as -- as much, because of the -- the configuration of the collector system that was developed through the Paramount Subdivision. Palmer: Thank you. Bird: Any other questions for Justin? Thank you again, Justin, very much. Council, if we don't need anymore public testimony or questions, I would certainly entertain a motion to close the public hearing. Borton: Mr. President? Meridian City Council November 15, 2016 Page 53 of 70 Bird: Mr. Borton. Borton: Move that we closed the public hearing on item H-2016-0104. Palmer: Second. Bird: Got a motion to close the public hearing on H-2016-0104. All in favor say aye. Any opposed? Pass. The public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: What's your pleasure, Council? Borton: Mr. President? Bird: Mr. Borton. Borton: There has been I think some great input from the public and the applicant to describe the very nature of the balance of considerations that we have and I think a lot of the public -- the Davis family in particular -- raised a lot of concerns and at least some questions that I think for me at least the applicant has -- has answered. I'm trying to weigh the considerations of this application in looking at -- as counsel has described -- our future land use map, our Comprehensive Plan, and the specific ways in which this particular application and this parcel that already had entitled land use rights to it . I for one am pleased to see how the applicant has mitigated with this request the impact on traffic and schools, for example, among other considerations. So, those for me weigh heavily in favor of supporting the application as presented. I do think it's consistent with a reasonable use and reasonable application of our code and our Comprehensive Plan. It's an application that I'm supportive of and from our experience on Council this particular project, which has been going on for 13 years, and this particular developer has been anything but a participant of bait and switch or anything of the sort. Uses and needs may change and as I understood this application that's what's happened here and I think that the description has described just that, but clearly not an element of a bait and switch or any overt or implied desire to try and pass something off that it isn't. So, that was exactly what I -- when I saw it I don't agree. Bird: Any other comments? Milam: Mr. President? Bird: Mrs. Milam. Milam: As I already stated, you know, the concerns that we all have, you know, having families in Meridian are the schools and the traffic and, you know, that -- Meridian City Council November 15, 2016 Page 54 of 70 that makes our job really hard, because we listen to you and we hear you and with our hearts want to just say no more building, no more houses, you know, but in reality this is a project -- there is 24 percent open space, which is more than double what is required. But the fact that they have the -- the age-required older living is going to make -- have a lot less children. You can move literally from one of your homes, your kids move out, you move into one of the Cadence places and, then, you get a little bit older and you move into the Encore and, then, you can move right into the assisted living. So, the diversity that it provides, it -- I see that it does add a lot of value to Paramount and this particular developer they donated the land for the school, they are the ones that created this wonderful place that you guys love living and I know it's hard, but based on the facts that we have to make a decision on I am in support of this application. Bird: Any other? If not, I would certainly entertaining a motion to -- Borton: Mr. President? Bird: Mr. Borton. Borton: If there is no any further discussion, I would move that we approve Item H-2016-0104. Palmer: Second. Bird: I have a motion to approve and a second. Any discussion? Borton: Yeah. Mr. President, that includes the staff and applicant's agreement with regards to how to reconcile the parking concern. Bird: Everybody understand that? Madam Clerk, would you -- Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Hearing for Linder Road Apartments (H-2016- 0111) by S 3 Investments LP, Located at 1770 S. Linder Road 1. Request: Annexation and Zoning of 4.55 Acres of Land with an R-15 Zoning District 2. Request: Conditional Use Permit for a Multi-Family Development in the R15 Zoning District Consisting of Sixty-Four (64) Dwelling Units Meridian City Council November 15, 2016 Page 55 of 70 Bird: Next item. Item G is H-2016-0111, S 3 Investments, LP. The Linder Road Apartments. Is that you, too, Sonya? Allen: That is. Bird: We have got you here, we don't have to go run you down. Allen: I didn't run out on you. All right. Next item up before you is a request for annexation and zoning and conditional use permit. This site consists of 4.35 acres of land, zoned RUT in Ada county, located at 1770 North Linder Road. The Comprehensive Plan future land use map designation is medium density residential. The applicant is proposing to annex and zone 4.55 acres of land with an R-15 zoning district and requests a step up in density from medium density residential to medium high density residential as allowed by the Comprehensive Plan without an amendment to the future land use map. The proposed density of 14.71 units per acre is consistent with that allowed in the R -15 district and with the requested step up in density to medium high density residential. A conditional use permit is also requested for a multi-family development, consisting of 63 dwelling units in an R-15 district. The site plan depicts 16 four- plex structures that contain 63 two-bedroom units and a management office. Access is proposed via South Linder Road. ACHD is restricting the access to a right-in, right-out. An emergency turnaround for the fire department is proposed at the southeast corner of the site. The proposed off-street parking is in compliance with UDC standards. A ten foot wide multi-use pathway is required along Linder Road in accord with the pathways master plan . Staff recommends pathway connections are stubbed to the north, generally in this location here where my pointer is at and to the east property boundary for future pedestrian interconnectivity. A total of 1.99 acres or 44.6 percent of qualified open space, along with site amenities consisting of large open grassy areas, a covered barbecue area, a tot lot, a sports court, bicycle maintenance station and a segment of the city's multi-use pathway are proposed in accord with UDC standards. Two types of multi-family structures are proposed within the development as shown. Building materials consist of a mix of horizontal and vertical siding with stone veneer accents. The two building types appear to be identical, except that they differ -- have different roof forms. Variety in the architecture character of the structures and design should be provided as set forth in our architectural standards manual. Windows are required on all elevations that face pathways and areas used for children's recreation to allow views of these areas. All structures on the site are subject to design review. The Commission did recommend approval of the requested annexation, zoning and conditional use applications. Kent Brown, the applicant's representative, testified in favor. No one testified in opposition or commented. Written testimony was received from Ken Brown, the applicant's representative, in agreement with the staff report. There were no major issues of discussion with the Commission and they did not make any changes to the staff recommendation. Council should Meridian City Council November 15, 2016 Page 56 of 70 determine if a step up in density from medium density residential to medium high density residential is appropriate and should be approved for this development as allowed by the comp plan without an amendment to the future land use map. Written testimony has been received since the Commission hearing from Kent Brown in agreement with the Commission recommendation. He also submitted a revised site plan as discussed at the Commission hearing that complies with the right-of-way requirements and parking standards. Staff will stand for any questions. Bird: Council, any questions for staff? Mr. Brown. Brown: For the record, Kent Brown, 3161 East Springwood, Meridian, Idaho. Could you go to the colored -- yes. As you look at this design, I'm really pleased with it. We -- we had one neighbor call us after the neighborhood meeting , said he was out of town, it was on our east side. They have the Party Barn, if you know what the Party Barn is, adjacent to us and they were concerned about the private area back in the very southern -- southeasterly corner of our site. We had a building located there. We moved it across the parking aisle and so now we don't have any of our buildings back against any other building. We don't have any neighbors that we are abutting, even though we have increased our setbacks -- you allow 15 in the R-15 zone and most of your zones from the rear of these buildings. We have 20 in all of them. We are adjacent to this parking lot on the -- the east there as you can see in this -- this rendering. We have a ditch that's -- a couple of ditches and a right of way for irrigation that runs along our southerly boundary that's between us and Fall Creek Subdivision that will be coming in in the future up in this corner where it kind of comes to a point to have a cul-de-sac that ends up in there. So, I really like the design. We have widened some of the spaces so that it's a little wider, for example, between the -- on the south side as you are coming off of Linder, the second building in, that area was widened with a pedestrian path that takes you back to all of those amenities that are central in -- in the site, in a close proximity for everybody to come. As I have been working on this site it reminded me years ago of a project I did in front of Mountain View High School, those apartments that are there. This intersection is much like that intersection. At the same time when we put the apartments in there was no road. The ones in front of Mountain View High School , there was no connection on Linder Road across the freeway. This is the same thing that is taking place here. This is one of the places that ITD and I think the Meridian plan that's looking for that connection to take place, that is dramatically going to change the character of the area and if you look at the two areas and what has taken place, as you look over there by Mountain View High School you have the gas station that's on the corner and more commercial type uses, but the apartments are very appropriate with the busy traffic that's -- that's along Overland Road and I see this fitting in and most likely the zoning that's to the north of us is going to change also. As I did talk to the neighbors they were seeking kind of similar type uses as what we were and that's why they are not here. The Meridian Fire Department owns the piece directly to the north of us also and -- for a fire station site and I Meridian City Council November 15, 2016 Page 57 of 70 think we have done a good job and hopefully you will think so, too. I would stand for any questions. Bird: Any questions for Kent? Thanks, Kent. Brown: Thank you. Bird: This is a public hearing. Is there anybody that wants to testify? Ralph? You got any replies, Kent? Council, what's your pleasure? Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we close the public hearing for H-2016-0111. Little Roberts: Second. Bird: I have got a motion to close the public hearing on H-2016-0118 -- or, no, 0111. I'm sorry. Trying to get us out of here earlier. All in favor say aye? Any opposed same. Okay. It's passed. Public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Now what's your pleasure? Milam: Mr. President? Bird: Madam -- Milam: I'm glad you have a playground in there, so -- I move that we approve H-2016-0111. Borton: Second. Bird: Got a motion to approve H-2016-0111. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Public Hearing for 2016 UDC Text Amendment (H-2016- 0118) By Meridian Planning Division Meridian City Council November 15, 2016 Page 58 of 70 1. Request: Text Amendment to the Unified Development Code (UDC) as follows: UDC Sections, Definitions; Density Requirements in the Residential Districts; Traditional Neighborhood Standards (TN-R and O-T Districts); Ditches, Laterals, Canals or Drainage Courses; Fencing; Pathways; Structure and Site Design Standards; Landscaping Requirements (Stormwater Facilities); Common Open Space and Site Amenities Requirements; Specific Provisions (Certificate of Zoning Compliance, Annexation and Rezones and Alternative Compliance); Subdivision Process; and Subdivision Design and Improvement Standards (Block Length and Common Driveways) Bird: Okay. Going on to H-2016-0118. Is that you, Mr. Parsons? Parsons: That's me tonight. I will get my changes up here for you and we will get into it. How does that sound? Bird: We are ready. Parsons: So, Mr. President, Members of the Council, I am here tonight to speak with you about the next round of UDC changes. If you recall, we were here about a year ago and did the same presentation for you . I would let you know that we did vet these changes with the UDC focus group and we spent quite a bit of time with them on the proposed changes and I also went to the BCA, as I did last year, and vetted these changes with them as well and so very little comments received on this application for you this evening . So, a lot of the changes tonight I won't touch on, I will just touch on the bigger items. I know we are getting late into the evening here. But I do want to highlight some of these and I did want to let you know that we did take into consideration of our development community, our stakeholders, as we went through this next round of UDC changes. There are approximately ten pages and, again, I won't go into all those tonight, but I did want to touch on a couple of them, though. I will run through that quickly. I don't want this to be too much of a formal presentation. If you want me to pause and answer any questions feel free to chime in and I will do my best to answer the questions you may have and that way we will just keep this at an open dialogue for you as a Council and also are two members in the audience here this evening. So, as far as the first page before you -- and I can -- I think I can zoom in on some of this for you. Hopefully you can read it up there. Bird: Did you have -- did you have Finance print this out for you? Parsons: I did not. The problem is we have so many changes we -- we got to have more and more pages of smaller, smaller font to fit it on here and I tried to do the best I could to present that and I was hoping to get this blown up a little bit Meridian City Council November 15, 2016 Page 59 of 70 for you. Let me see if I can increase the size here a little bit. Well, that didn't help me, but, hopefully, you can see it up there. So, basically, on this particular sheet there is two -- two items I really want to touch bases on and if you can see my cursor here -- one is really double fencing. I think we came before you last year -- I should probably leave it on that other mode and you can zoom in on it. But as you know, we have always had an issue with fencing within our city and there has been instances where residents have double fenced their property when it -- especially when they abut a common lot and so this year we took it upon ourselves to define what double fencing is and how we would apply that. So, if you were next to your neighbor and you were fighting with them and you wanted to build your own fence on your property, you could still do that. But if you were up against a common open space, an HOA lot, code would prohibit that from happening. So, that's the distinction here. We want to make it clear that double fencing isn't allowed adjacent to common lots and that's happened throughout the city. So, that's one of the big items that we are bringing forward. The other one is really are density chart here and that's -- can you lower it here? Bird: Mr. Borton. Borton: Yeah. Real quick on that point. Is it also prohibited adjacent to school lots? The double fencing? Parsons: Not -- no. At this time. Borton: Is there a reason -- I knew -- it might have been a while, but that has come up before -- and I forget the school -- where -- Parsons: The school district double fences their property. They -- they don't -- there was one up at Silverleaf Subdivision where the -- the school district likes chain link fencing -- Borton: Yeah. Parsons: -- and the subdivisions put in wood or vinyl and they want to just -- they always put that perimeter fencing along -- yeah, they always double it up, because they don't want to be responsible for damage on the adjacent property owners' fencing, so this doesn't negate that. That's not considered open space in our code. Borton: Okay. Parsons: It's really an HOA common lot. Bird: But, Bill, they do -- they just require it to be open fencing, isn't it, if you -- if -- at a school if you double fence? Meridian City Council November 15, 2016 Page 60 of 70 Parsons: Not necessarily. Bird: It isn't? Parsons: No. They prefer to do that. Typically what we do is -- they do it for maintenance purposes and they want eyes on that, because the public and the police are kind of monitoring that. You do want your eyes on your open space. Even parks are the same way. So, the practice is, yes, you want open vision fencing along those areas. You don't want to wall people off and the school district has done a pretty good job on that as well. The other one -- the other item -- particular item on this slide is the density requirements. Currently in our code we have a maximum density. So, in an R-2 zone maximum density of two units to the acre. R-4 four units to the acre. Eight units to the acre in an R-8 district. When we presented to you last year we brought up that issue on how do we increase our density to match what our zoning districts are and at the time we had thought, you know, let's reduce our lot size and our dimensional standards and Council was not -- was adamant against changing the R-4 and the R-2 standards. There are no -- we are good with the R-8, R-15, R-40, but we do not want to mess with the R-4 and the R-8 -- or the R-2 standards and so what we tried to do here is remove the density requirements and let the Comprehensive Plan guide what that is. As you recall, every time we come before you we speak to the Comprehensive Plan and we speak to you what the densities -- the anticipated densities are under our Comprehensive Plan. So, again, for example, in this evening we had one medium density residential, we talk about three to eight dwelling units to the acre. Well, technically, you could have an R-4 development and still fall within three to eight. You could have an R-8 development that falls into three or eight. You can have an R-15 that falls into three to eight. You just saw that this evening with the Paramount Director project. So, what we are doing is taking density out of our code and letting the comp plan guide that. Now, there have been instances where I have been with the city where you have an in-fill project where density does become -- the maximum density does become a problem, because you don't have open space and you don't have a lot of roads to put in . So, when you look at, basically, gross density on something -- if you have a lot of open space and a lot of roads, then, your density is higher, because you're not setting aside that space for that. So, this is our first blush at attempting to do that and, again, the group felt -- they didn't have really an opinion on it one way or another, as long as they can continue to do the projects they want to bring in Meridian and we said that wouldn't have any bearing on that . We would still let the comp plan guide that. Any questions or concerns with removing density requirement out of the code? Next slide really kind of reinforces that same discussion that I just shared with you. This particular slide, again, as we did last year, we are looking at some of our zoning districts. This is our Traditional Neighborhood Residential District. We don't have a lot of this within the City of Meridian. There are specific standards that the developer has to comply with in order to use this zoning district and because of the stringent requirements many developers don't use Meridian City Council November 15, 2016 Page 61 of 70 this. W hen you heard the lady just having a discussion about being walkable in traditional neighborhoods and a mix of commercial, that's really what this zone is for. You want the mix of residential product types and you want it to be small -- short block length, walkability, buildings towards the street, alley loaded product, and that's what this zone tries to achieve and so we have looked at the standards, we understand that some of them may not be achievable, so this -- this specific graphic is really diving into that and saying how can we make this zone achievable. How can we get more of this in the City of Meridian and incorporate that into our adjacent subdivisions and so we are trying to lower the density requirements to give a little bit greater flexibility in the setbacks and reduce some of the parking pad requirements in front of the units. It's similar to what we did last year when we came forward with our changes to our R-8 and R- 15 and R-40 standards. On this particular slide here -- and you guys see this on a regular basis. You know, Meridian has a lot of what's traditionally a farming, agricultural community and we have a lot of waterways that traverse our city and we get in a situation sometimes where waterways are either piped or relocated to fit a certain development. Our Comprehensive Plan encourages waterways to be incorporated into our overall development and so there is good examples of that in Meridian where the developers did a great job at incorporating a creek or a waterway as part of a linear open space and there is also bad examples where they, basically, fence them off, they become a maintenance road and a weed patch and so with this change here we are not requiring the developer to tile the canal, what we are saying is follow the guidelines of our Comprehensive Plan. We encourage -- we want to encourage them to -- don't look at that as an impediment to the development of the property, look at it as a positive -- an amenity for that development and find ways to creatively encourage that to be incorporated into your -- the design of your subdivision and maybe create a linear open space or a walkway corridor through there, pedestrian corridor through your development. I think Settlement Bridge off of McMillan and Locust Grove did a very nice job with their waterway that's going through that and that's really what we are trying to do here. Again, we are not forcing it on the developers to do that, they still have the right to tile the canal and -- and make some of those changes, but it would be our first stance and we are even going to communicate this at our pre-application meetings that it's our intent through our Comprehensive Plan to keep these waterways open and protected and encouraged to be incorporated into the development as a whole. Now, that will take some work with the irrigation districts as well. There is -- there is some requirements that -- they have some say on how these facilities develop, too, and that's some of the concerns that I heard from the BCA is, you know, the irrigation districts are a little skittish on letting us improve that and put landscaping in that when it comes to maintenance of their facilities. So, again, there is good examples of it and there is really bad examples of this. Next item is our -- again, we are proposing some changes to our design standards. If you recall last year we revamped our design manual and we took out all of the site development requirements and came forward with our new architectural standards manual. In that manual we clearly wanted to focus on the architecture more than the site Meridian City Council November 15, 2016 Page 62 of 70 development. We told you this was phased -- at that time that was phase one. This tonight, this evening, I'm discussing phase two and what we have done is we have comprehensively looked at those list of site changes that we removed from the old design manual and we said where does this apply? Does it work in the UDC, does it work in the Comprehensive Plan, or is it just redundant and we don't need it? So, we vetted all of those previous standards out. We have incorporated some new standards into the UDC and some of those did get rolled over into the Comprehensive Plan or were already addressed in the Comprehensive Plan. So, again, it's just that next phase of how we want to encourage development to have buildings towards the street, minimize large sea of asphalt in front of their shopping centers, almost like a village where you -- and to have that pedestrian connectivity throughout the parking lot, so people aren't having to walk down drive aisles, almost get run over as they walk through the parking lot. So, that's really what this next step of our design changes are proposing -- our design standards. We are expecting a little bit more pedestrian connectivity and more buildings towards the street to kind of frame or screen the parking areas. And, again, the majority of that would happen on our major corridors throughout the city. Any questions or keep pressing on? Bird: Any questions at this point? Evidently not, Bill. Parsons: Nothing really on that slide to discuss. The one that I want to touch on here -- are a couple items. Or at least the last one. If you recall last year we spent a lot of time on how to make open space and site amenities proportionate to a development. Currently we treat everyone the same -- or the code does. We say if you're five acres or greater you provide ten percent open space and you provide an amenity for every 20 acres and it doesn't matter if you're five acres or 200 acres, you have to -- to comply with that standard. I came forward with a matrix, some proposals, some recommendations to you. Council wanted us to look at code and say how can we write something so that we can get it proportioned -- be more proportionate for the larger developments . The Mayor at that time said there has got to be some kind of alternative compliance or something in place to do that and so I took your direction from last year and I spent some time with the planning director and I said, Caleb, you know, maybe the simpler way -- and I brought this up with the UDC focus group is maybe the simpler way is to allow common open space and site amenities to be part of the other alternative compliance process. We -- here on this table you can see we have a list of standards and our alternative compliance process is allowed -- gives a developer flexibility. It's something to allow them to do something innovative other than what our code allows. It has to be equal to or better than. And so when I vetted this with the UDC focus group, they liked the idea of opening that up to the alternative compliance process. Now, that is a director- level approval. It doesn't require Council action or P&Z, but we will share that with you as the projects come forward before you to let you know they are -- they have submitted alternative compliance of these standards and so this would give the developer an opportunity to -- say if they wanted to build a 6,000 square foot Meridian City Council November 15, 2016 Page 63 of 70 clubhouse and only want to do five percent open space, we could say, yes, that clubhouse offsets the five percent additional open space and so we felt this was the easiest way to come up -- rather than reinvent the code and come with some new standards, this was our way of kind of taking what we heard from you last year and incorporating it into what we already have in code and that was pretty well receptive from the development community. They didn't -- they didn't like the idea of doing that. I think it does give them some greater -- greater flexibility and, hopefully, it does help us as we start having more and more in-fill projects, giving them -- a developer or property owner latitude to come in with something with some density, but also have a great amenity package to go along with that to support that density. That's something that we discussed quite a bit last year. Milam: Mr. President? Bird: Mrs. Milam. Milam: Bill, was the issue of density versus amenities discussed at all, as opposed to just acreage? Parsons: It wasn't, but I think like any city when you get progressive, open space is always a great amenity for a subdivision, but as I discussed last year, it can be costly to an HOA, to a homeowner, because things will always go up and maintenance of those facilities -- those costs increase. So, someone could diversify their open space and off-set it with an amenities package, that -- that's one way to do that. Milam: Mr. President? I guess what I -- what I'm referring to, Bill, is more like the amount of -- the number of homes -- so, if they are even R-4 and -- you know, you have got a hundred homes -- and I'm just making up numbers. Don't do the math on it. But 20 acres, you have got a hundred homes and -- or versus putting 200 homes in that same piece of property. It seems the 200 homes should have to have more amenities to their -- because they have more people that they are trying to appease. So -- does that make sense? Rather than just say acreage itself. Parsons: It does make sense. Again, the comp plan -- Milam: I mentioned this a long time ago, but I guess it -- Parsons: Well, the density is something, again, that -- as I presented, we are taking out density out of the UDC and letting the comp plan drive that. So, if someone came in -- in that particular case if something was a medium density residential and they came in with an R-4 development and they still had 8,000 square foot lots and they came in on the high side, eight dwelling units to the acre, technically they could request less open space and greater amenities, because they have that available to them. But that's not a guarantee that they Meridian City Council November 15, 2016 Page 64 of 70 get that approved. Again, it has to be equal to or better than. Our intent behind getting rid of density is to get more -- like as you saw this evening with the Paramount community, is you have a master planned community, you want to be all-inclusive. You want to have a townhome component. You want to have alley load. You want to have the person that can afford the really nice single family home, but they all share the same amenities. That's really the intent behind this. It's not meant just to drive up density, so that we can get density for density sake. I mean that's not the intent behind that . If we feel that's what they are doing, we won't support their alternative compliance and we can deny their annexation or their plat based on their requirement. Again, there is always going to be someone that tries to push it. You can't try to setup code to address every situation. Milam: But I guess my -- my question really doesn't -- it isn't addressed here and it's -- because it's not about any of the changes that you are making, it's about changing our code to begin with. Parsons: If they don't want -- yeah. If they don't want to do the alternative compliance they can do the ten percent and stick with -- Milam: But I'm saying we need to have -- we should have higher -- we should have higher standards or higher requirements for more homes. The higher number of homes should have to have more amenities than less density or zoning, that we are not getting rid of, but whatever it is, you have more homes you need -- should have more amenities. More than what we already require, I guess is what I want to say, not in this change or alternate compliance. Something on its own -- take more time and come back with -- Parsons: Density should coincide with the open space and amenities. Milam: Uh? Parsons: You want density to coincide with open space and amenities. Milam: Yeah. Parsons: And that's -- again, you have to look at if -- if -- a prime example is that multi-family up against Settlers Park. Do they really need open space and their own amenities? They are right next to a city park, so -- Milam: But there you're going to have to have some exceptions. Parsons: Yeah. Meridian City Council November 15, 2016 Page 65 of 70 Milam: And we talked about that before, having -- if they are a certain distance from a park, having an exception and we talked about that a couple weeks ago, that if there is a park within a certain distance -- Parsons: And I think we can have that discussion as part of the alternative compliance process. If we don't feel it's appropriate again we don't send them down that road. Milam: And my point is really to not have so many low end, high density -- you know, I look at this and I'm like what are we -- we are taking away all of our standards and just let them just cram it all down -- you know, cram in as much as you can and -- Parsons: Yeah. I don't want you to think that alternative compliance is a way to get out of code. It's not. It's -- it's a means to get something better -- equal to or better. There is findings that we have to make -- that they have to comply with. Again, if they are coming in -- I'm with you. You want 300 homes, but you want to do five percent open space and one clubhouse, is that really equal to or better than or is it better to have open space and no clubhouse or a tot lot and open space? Sometimes market demand kind of does that. You go where you can afford to go. But, again, if you're getting nicer architecture -- I mean there is -- what if you have a nicer development? What if you do have a cluster development where your -- all your -- as we discussed, you can have a really great development with five percent open space and it could have a great amenity package and it could be better than someone that has a ten acre park and two trees and a picnic shelter. If you're getting everyone out there participating, going to the clubhouse, doing community events, maybe three acres is appropriate for a denser development. There is no easy solution to it I guess is where I'm going. We can look at that further. Right now what we are trying to do here is get something a little bit more innovative for the community without sacrificing the open -- without -- making sure that it's equal to or better than, not sacrificing. We don't want to degrade a community. We want to keep that standard. But we want to give somebody flexibility to do that, whether that's through lesser open space and greater amenities or -- Milam: And I agree with that. I mean it might be eight and a half percent, but they have got some amazing packages, so -- Parsons: Yeah. Exactly. Milam: So, I agree with having some flexibility, you know, in there, but I just think it should be also based on the number of homes and the acreage -- Parsons: Well, the density -- right. The density is going to be driven by the zoning district that they request. So, if they are falling within the three to eight or whatever code may require, four -- under that and they are still complying with all Meridian City Council November 15, 2016 Page 66 of 70 the requirements, then, density is going to be what it is. They can't just request a step up in density, they got to -- they got to still meet the dimensional standards and fall within the parameters of the Comprehensive Plan. But that's the risk you run when you take density out of the code . I mean now it -- it does get a little subjective, because one -- one could argue that, hey, I'm giving you this great open space, why don't you let me go a little denser, Council. Let me go to nine units to the acre. Let me go to ten units to the acre. Because we are giving you this great open space and now -- as Sonya mentioned to you, the code does allow them to request a step up without -- in intensity without a comp plan change. So, that's something to take under consideration. With that I don't have anything else. I did want to let you know I did take this to the Planning and Zoning Commission on the October 20th hearing. They supported -- they were in favor of the changes with no modifications. No one was there to testify in opposition and, again, staff and the Planning and Zoning Commission, we are recommending approval this evening and, again, stand for any other questions you might have. Bird: Any questions for Bill? This is a public hearing. Mr. Brown, if you would state your name and address, please. Brown: Kent Brown. 3161 East Springwood, Meridian, Idaho. I do get to spend quite a bit of time down here at City Hall and just the other day I was in the planning department and this lady was ready to go postal and shoot somebody , because they would not let her build a double fence. So, I can definitely say that there is an advantage -- she and her neighbor were having issues over that property line and she wanted her fence. She -- she said their neighbor wasn't playing right and so she's happy to have her own fence and listening to the poor planners trying to tell her why she can't have one was -- I mean it was kind of interesting. Over the 20 something years that I have been doing this -- 20 -- close to 27 now. The first nine years I was over land development for the city of Boise and, then, I have been on the private side. I have done a lot of different developments and a lot of them in your community and I look at like a development that I did -- Tuscany and when we did Tuscany the plan that we came in with didn't have any of the pools in it . That was something that we added later and my client didn't want to show the pools , because he didn't want to have to bond for those improvements and that's -- the reason he didn't -- he didn't show those up front -- he ended up putting I think five pools in there and gave a city park, an elementary school site -- I mean some of those things -- that's kind of the purpose why they do that. I would be really curious going back and seeing if I could meet the ten percent open space and yet -- in Tuscany today. If there is that ten percent that you guys view as qualified in that Tuscany development, because we had so much water and that water area doesn't always get counted with the way that you do things. We had groundwater that was pretty high and so we had to dig trenches and create the Tuscany lakes that -- that is quite an amenity for those -- those neighborhoods. As I work with the different jurisdictions, one of the ones that I like -- the zoning code that I really Meridian City Council November 15, 2016 Page 67 of 70 like is Star's. In Star if you have an R-2 zone, that's two units per acre, and it doesn't matter the lot size. There is no lot size in the R-2 zone or in any of their zones. It is strictly just the density and it makes it really nice when you have something and you're laying out a subdivision and you are putting these lots in and someone in the planning world has said that 50 feet is the magic number when you are building a lot of houses that, you know, you could do a 45 or a 49 and you can't put that in, even though you're not going to increase the density and you are not going to do those things, but you still have to do it, because there is a dimensional standard that is tied to that zone and that doesn't make a lot of sense. You know, who came up that 50 feet or 60 feet is that magic number? I have tried to do -- Bird: Kent, if you could wrap up, please. Brown: I will real quick. I tried to do a development with shops, do estate type housing and not have any open space and down in fl ames and yet I know that there is a market for that and that is something that your code doesn't allow for. Site amenities. You do an in-fill project -- I was in Boise city last night before the Planning and Zoning Commission. I'm next to a 14 acre city park and I did a 52 unit apartment complex and they counted the apartment -- or the park space next door as a part of the -- my amenity package. Realistically, everything else that was around that park -- it's up by the airport -- is commercial. So, we would -- we kind of like are the only ones that get to use the park that's in that area. I think that they have got good suggestions. It's nice to be able to use the ditches where we can. Not all the ditch companies are friendly about that and I will stand for any questions. I do have other items. Bird: Any questions for Mr. Brown? Thank you, Kent. Brown: Thank you. Bird: Thanks for staying. This is a public hearing. Is there any -- Ralph? Robert? If not I would entertain a motion to close the public hearing. Little Roberts: Mr. President, I move we close the public hearing. Bird: I got a second? Milam: Second. Bird: All in favor? Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: What's your pleasure, Council? I have kept quiet and I think that -- I think it's a good deal overall. While I don't agree with it a hundred percent, I don't think Meridian City Council November 15, 2016 Page 68 of 70 anybody agrees with it a hundred percent, but I think our staff has worked hard on getting some of these changes and I think they are to the benefit of the citizens myself. That's my personal opinion. Milam: Mr. President? Bird: Mrs. Milam. Milam: So, if it turns out this was a bad idea, we just change it back? Parsons: Mr. President, Members of the Council, if you don't like some of these changes you can certainly strike them out. That's -- that's within your purview tonight. We can look at it at a later date. Right. We can -- we can try it and if we don't like it we can certainly do another text amendment and change it. That's always in our purview. Borton: Mr. President? Bird: Mr. Borton. Borton: We could look at that in a year and see if we want to make changes at that time. Bird: We are just going to have Mr. Nary do that. Borton: I appreciate the -- the changes as written and in particular the efforts that go to collaboratively come up with these and to incorporate the focus group and the BCA and -- and, Kent, thank you for sticking around. All of that input is really valuable and -- and whether or not what we have written works as intended we will find out. This is a living document and can continue to evolve. We will certainly track and Planning will track what is working and what's not. I do like the alternative compliance. The key word being compliance. It's just another means to allow them to comply. That flexibility I think is great. And we might be surprised at what we see, so -- Milam: I'd like to see some -- Bird: Is that in the form of a motion? Borton: Unless there is further discussion, I move that we approve the UDC text amendment H-2016-0118. Bird: Do I have a second? Little Roberts: Second. Meridian City Council November 15, 2016 Page 69 of 70 Bird: Okay. We have got a motion and a second to approve H-2016-0118. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Ordinances A. Ordinance No. 16-1713: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING MERIDIAN CITY CODE SECTION 6-2-3, RELATING TO CITY OF MERIDIAN DOG LICENSE; AMENDING MERIDIAN CITY CODE SECTION 6-28(K), RELATING TO RABIES VACCINATION REQUIREMENTS FOR DOGS; AND PROVIDING AN EFFECTIVE DATE. Bird: Moving on to No. 11 is our ordinance. If you would, please, read the ordinance by title only, Madam Clerk, I would appreciate it. Holman: Thank you. City of Meridian Ordinance No. 16-1713, an ordinance of the City of Meridian amending Meridian City Code Section 6-2-3 relating to City of Meridian dog license. Amending Meridian City Code Section 6-2-8K relating to rabies vaccination requirements for dogs and providing an effective date. Bird: You have heard the ordinance by title only. Is there anybody in the room that would like it in its entirety? Seeing none, I would entertain a motion. Milam: Mr. President? Bird: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1713 with suspension of rules. Little Roberts: Second. Bird: I have a motion to approve it with a second. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics Meridian City Council November 15, 2016 Page 70 of 70 Bird: Council, any ideas for future topics at this point? Borton: Mr. President? Bird: Yes, Mr. Borton. Borton: Two things. One, will you e-mail around the assignments? Bird: Yes. She's already -- we got that. Borton: And the 29th, the fifth Tuesday, are we planning on -- on meeting that day? Bird: I don't think we will have a meeting on the 5th if we -- Nary: Mr. President, Members of the Council, there is nothing scheduled at all on that, because it is a fifth Tuesday. Borton: Okay. Bird: Hearing none, I would certainly entertain a motion to adjourn. Milam: So moved. Little Roberts: Second. Bird: All in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:25 P.M. 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