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HomeMy WebLinkAbout2017-09-26Meridian City Council September 26, 2017. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, September 26, 2017, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Luke Cavener, Genesis Milam and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Freckleton, Josh Beach, Jeff Brown, Joe Bongiorno, Mike Barton 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 __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I will go ahead and welcome all of you to our City Council meeting. We thank you for joining us. For the record it is Tuesday, September 26. It's 6:00 p.m. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake with Calvary Chapel. Thank you again for being so dependable. Drake: Yeah. Sure thing. Love doing it. De Weerd: If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Drake: Lord God, I just was reminded of our freedoms on the way over here tonight, God, and we thank you for this great country that we live in, despite all of our challenges here, especially things of late. God, we just are grateful that we are free to disagree and to speak our minds and -- and live where we want to and pursue our dreams and -- and we just appreciate this country, God, and we just pray that you would be over it and that your grace would continue to be shed on the United States and, Lord, we are also just thankful Meridian City Council September 26, 2017 Page 2 of 10 for Meridian, this great place that we have here and -- and for all the protection that we have from the law enforcement officers and -- and all of those who serve us, God, the firefighters and -- and all the city services and so we just pray that you keep them safe tonight and there would be peace in this city where we are praying for anyone who is suffering tonight, God, that you would come to their aid, that they would find help here someplace and -- and have their needs met and lastly, Lord, I just pray for these servants here tonight, all those who are investing their time and energy into making things even better here and making decisions on our behalf and we appreciate that we can elect them and -- and that they will yield to you, Lord, so I just pray that you give them lots of grace and encouragement and wisdom in what to do, even in the small decisions. So, we appreciate them, God, and we appreciate you and it's in Jesus' name we pray, amen. Thank you. Item 4: Adoption of Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda, on 9-A the proposed ordinance number is 17-1750 and with that I move we approved the agenda as published . Borton: Second. De Weerd: I have a motion and a second to adopt the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Coles: There were no sign-ups. Item 6: Consent Agenda A. Approve Minutes of September 12, 2017 City Council Workshop Meeting B. Approve Minutes of September 19, 2017 City Council Regular Meeting C. Cost Share Agreement with ACHD for Linder Road Projects D. Final Plat for Volterra Commercial North (H-2017-0108) by Meridian City Council September 26, 2017 Page 3 of 10 WH Pacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile E. Final Plat for Volterra Commercial South (H-2017-0123) by WH Pacific, Inc. Located on the south side of W. McMillan Road west of N. Ten Mile F. Development Agreement Castlebridge Sub-H-2017-0065 with Jack Hammond, Kingsbridge North, LLC (owner) and Jarron Langston (Developer) located at 3475 E. Falcon Drive, in the NW 1/4 of Section 28, Township 3 North, Range 1 East. (Parcel No.:R3193250030) G. Findings of Fact, Conclusions of Law for Twelve Oaks Villas (H-2017-0111) by James L. Jewett Located 1845 W. Franklin Road H. Consent to Use Agreement with Bureau of Reclamation at Carlson, Caulkins, and Sundell Lateral I. Professional Service Agreement with M.D. Willis, Inc. for City Meeting Transcription Services J. Approval of Purchase Order 18-0002 per Idaho State Contract to CDW Government for the “FY18 PC REPLACEMENT” project for a Not-To-Exceed amount of $86,255.00. K. Approval of Contract Amendments for “two (2) 100MB Internet Service Lines” for a 36 month term to Syringa Networks per the existing Master Service Agreement dated October 30, 2014 for a Not-To-Exceed amount of $28,440.00. L. Fourth Amendment To Professional Services Agreement With Trauma Intervention Programs, Inc. for an amount not to exceed $11,796 M. Approval of Contract Amendment No. 2 to Varsity Facility Services for “JANITORIAL SERVICES” for a Not-To-Exceed amount of $213,910.92. N. AP Invoices for Payment - $2,475,991.96 O. City Financial Report for August 2017 De Weerd: Okay. Item 6 is our Consent Agenda. Meridian City Council September 26, 2017 Page 4 of 10 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From The Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing for Barger Subdivision (H-2017-0120) By Maverik, Inc. Located at 1515 E. Fairview Ave 1. Request: short plat two (2) commercial lots on approximately 5.136 acres in the C-G zoning district De Weerd: So, we will move into Item 8 under Action Items. We have a public hearing for H-2017-0120. Josh. Beach: Thank you, Madam Mayor. As you said, th is is Barger Subdivision. It is an application for a short plat. If you remember the history on this, there was an annexation back the end of last year for this property. I'm sure you all remember. Now the applicant is coming forward with a two lot short plat. As currently stands the site consists of one parcel with approximate size of 5.136 acres. It's currently zoned C-G. It's located at 1515 East Fairview Avenue. The proposed plat depicts two building lots on, as I said, 5.136 acres of land. The purpose of the subdivision is just to split the property into two parcels for a Maverik convenience store to be located on the corner and for one other commercial lot to be developed in the future. The property has street frontage on East Fairview Avenue and on North Locust Grove, which are both designated as arterial roadways. There is a cross-access, as you can see here on the plat. There is a cross-access ingress-egress easement that has been provided to access all of the -- all of the parcels. Meridian City Council September 26, 2017 Page 5 of 10 A minimum 25 foot landscape buffer shall be constructed along the entire frontage of the site along East Fairview Avenue and on North Locust Grove and they shall construct a 25 foot wide buffer abutting the residential property to the south. There has been some discussion, but the applicant will come and discuss that as well, that the landscaping along the south portion of the property will be installed with development of Lot 2 and that is part of the subdivision process. The rest of this frontage both on Locust Grove and on Fairview will need to be constructed with the subdivision prior to any building permits being approved. Staff did not receive any comments from the public on this . Staff is recommending approval and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: Not at this time. De Weerd: Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just one quick, Josh. Remind me. Is that design of the cross-access onto Fairview -- is that the right-in, right-out only proposed or planned? Beach: Onto Fairview, yes. So, that there actually is not an access on their property, it's on the property just to -- just to the west. Borton: Okay. Beach: Yeah. Borton: Thanks. Beach: No additional access is being proposed onto -- onto Fairview. De Weerd: Okay. Anything further from Council? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Rabeck: David Rabeck. 802 West Bannock. You know, the only comment I have -- and we discussed this early on -- is that we -- and I understand talking to Josh before the meeting is that we did allow for a smaller setback on the south of the property. There is already a -- a couple canals back there. There is a wastewater ditch and a canal. But it sounds like in the second stage of development when we find somebody for that we can address that. Is that correct, Josh? Beach: So, Madam Mayor, there was discussion, as I mentioned previously, that Council had -- had waived that requirement of the 25 feet and did -- I believe it was five is what Meridian City Council September 26, 2017 Page 6 of 10 we required of them. If you remember on the south side of this, kind of along where my arrow is, there is an irrigation ditch. On the south side of that there is also a pathway. So, there is a significant different -- distance between the property line and any residential housing. So, Council was agreeable to reducing that buffer to five feet and we will get that, as I mentioned, when Lot 2 develops with their CZC. Rabeck: Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who wishes to provide testimony on the item? Thank you for joining us. If you will, please, state your name and address for the record. Meyers: Todd Meyers. Maverick, Incorporated. 185 South State Street, Salt Lake City, Utah. Just want to get up real quick and let you know we are still planning on coming in on the northern lot. We have already received our design review approval and also the C -- De Weerd: CZC. Meyers: That's it. Yes. It's a little different in each city. And so we are hoping to move forward with this and probably have a grand opening prior to Memorial Day. Definitely want to thank Council. This has definitely been a project with a lot of issues, with the billboards and so forth, and staff has been great to work with. So, if there is any questions happy to stand for them, but just wanted to give you big thanks. De Weerd: Thank you very much. Council, any -- Mr. Palmer. Palmer: Madam Mayor. Madam Mayor -- and, sir, thank you -- I just want to thank you. I mean that corner was not much to look at and even now just being dirt it looks infinitely better than it did, even with the billboards there. So, thanks for sticking with us and enduring through the process to be able to handle that awkward situation and I'm looking forward to another great corner like you did over here at the -- at Franklin and Main -- the one here in Meridian. Thank you. Meyers: Thank you. De Weerd: Okay. Anything further? Thank you. Bird: Thank you. De Weerd: Is there any further public testimony? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council September 26, 2017 Page 7 of 10 Bird: Seeing none, I move we close the public hearing on H-2017-0120. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2017-0120 and to include all staff and applicant comments. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Mr. Clark, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. __________________:An Ordinance (Castlebridge Subdivision formerly Kingsbridge North H-2017- 0065) of the City of Meridian granting annexation and zoning of Lot 7 of the Amended Plat of Golden Eagle Estates, as Recorded in Book 37, at page 3127, Records of Ada County, Idaho Located in the N ½ of the NW ¼ of Section 28, Township 3 North, Range 1 East, Boise, Ada County, Idaho, As Described in Attachment “A” and Annexing Certain Lands and Territory, Situated in Ada County, Idaho, and Adjacent and Contiguous to the Corporate Limits of the City of Meridian as requested by the City of Meridian; Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-4 (Medium Low Density Residential District) in the Meridian City Code; Providing that Copies of this Ordinance Shall be Filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as Required by Law; and Providing for a Summary of the Ordinance; and Providing for a Waiver of the Meridian City Council September 26, 2017 Page 8 of 10 Reading Rules; and Providing for An Effective Date. De Weerd: Okay. Under Item 9-A is Ordinance 17-1750. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 17-1750, an ordinance Castlebridge Subdivision, formerly Kingsbridge North, file number H-2017-0065 of the City of Meridian granting annexation and zoning of Lot 7 of the amended plat of Golden Eagle Estates, as recorded in Book 37, at page 3127, Records of Ada county, Idaho, located in the N ½ of the NW ¼ of Section 28, Township 3 North, Range 1 East, Boise, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of said lands from RUT to R-4, Medium Low Density Residential District, in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing for an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Borton: Ms. Holman, did you have a question? No? Okay. De Weerd: I sense some payback or something like that. Borton: I thought I saw a gesture. Milam: Wrong gesture. I don't think that was a question. Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 17-1750 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second and maybe this is in regard to the poster that was in the bathroom? Okay. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 26, 2017 Page 9 of 10 De Weerd: Council, anything for Item 10? I would like to thank Council Members Little Roberts and Cavener for joining us this morning for the recovery -- Celebrate Recovery Breakfast. Very good program. Lieutenant Brown, if you will, please, thank Stephanie and -- and Cheryl for putting together such a nice program and what a great speaker we had this morning. So, our sincere thanks. Under coming events we have Kleiner Park Live on Thursday from 5:30 to 8:30, featuring the Retreads. Deja Brew is having their ribbon cutting on Friday, September 29th, at 4:00 p.m. Fallapalooza is Saturday on the 30th from 10:00 to 6:00. And Sunday, the 1st, from 10:00 to 4:00 in Storey Park. That will include music, art, shopping, carnival games, and this is all to raise advocacy about domestic violence and to benefit local shelters. Treasure Valley Out of the Darkness Walk is on Saturday, September 30th and that's at 10:00 a.m. at Kleiner Park and that raises funds and awareness for the American Foundation for Suicide Prevention. And, lastly, Meridian Monday is next Monday on October 2nd at 6:00 p.m. It starts at Generations Plaza and now that the weather is cool maybe we will see Council Member Palmer and his family out. Palmer: Maybe. De Weerd: Maybe. Okay. If there is nothing further, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Exec Session as per Idaho State Code 74-206(1)(b). Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:16 p.m. to 7:28 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Bird: So moved. Meridian City Council September 26, 2017 Page 10 of 10 Cavener: Second. De Weerd: All in favor say aye. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: I would entertain a motion to adjourn. Bird: So moved. Little Roberts: Second. De Weerd: All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:28 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10, 3 ,?J7 MAYOR TA�r DE WEERD DATE APPROVED C.