Loading...
HomeMy WebLinkAbout2019-08-27 RegularMeridian City Council August 27, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, August 27, 2019, by President Je Borton. Members Present: Joe Borton, Luke Cavener, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Tammy De Weerd and Ty Palmer. Also present: Chris Johnson, Bill Nary, Kyle Radek, Kevin Holmes, Sonya Allen, Mark Ford, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton ___ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Good evening. Welcome, everybody. It is Tuesday, August 27th. It's 6:00 p.m. for our regular City Council meeting. We will begin tonight's meeting with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance Borton: Item No. 2. If you would join for the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard of Ten Mile Christian Church Borton: Item No. 3, our community invocation tonight. Larry, thanks for joining us. Larry Woodard with the Ten Mile Christian Church. Appreciate you coming tonight. Good to see you. Woodard: Before we pray tonight I would just like to tell you that we have got s ome exciting news at the church. Borton: Let's hear it. Woodard: Once we get the engineer's okay we plan to next month have a groundbreaking that will basically double the size of our building. So, we have got the money, we have got the drawings, but we don't have the engineer's signature yet. But we look forward to that. Meridian City Council Meeting Agenda September 3, 2019 – Page 88 of 245 Meridian City Council August 27, 2019 Page 2 of 18 Borton: Congratulations. Woodard: Yeah. It will be good. Well, let's pray. Our Dear Heavenly Father, I ask for your blessing tonight on the Council. It oversees one of the fastest growing communities in the state and their decisions will last for generations. We are all witnesses to the rapid growth of our community. I think it's over 120 ,000. New streets, new businesses, new schools this fall. According to the news this weekend West Ada schools opened this week to full classrooms and portables are a common site at most schools. I just pray that we keep our children safe this fall. Be with the Council as it makes decisions on new subdivisions, business locations, especially the new Meridian redevelopment plans. Guide the decisions this fall as this Council tries to stay ahead of the growth curve. Tonight I ask for the safety of our personnel who deal with crime, fire and serious illness. Keep them all safe as they spend their days trying to protect us. Lastly I pray for our children of this growing community. May they find the schooling a time of learning and recreation facilities that they enjoy. Be with our teachers this fall in the West Ada schools as they pour their lives into these children, in Christ's name we pray, amen. Item 4: Adoption of Agenda Borton: Thank you, Larry. Item No. 4, adoption of the agenda. Anybody. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adopt the agenda as presented. Milam: Second. Borton: It's been moved and seconded to adopt the agenda as published. All those in favor say aye. Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Announcements Borton: Item No. 5, Announcements. Anybody have any? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Meridian Art Week, is that next week? Borton: Next week. Meridian Art Week. Absolutely. All week. Meridian City Council Meeting Agenda September 3, 2019 – Page 89 of 245 Meridian City Council August 27, 2019 Page 3 of 18 Cavener: Host of events. Borton: Lost of events, which I cannot site or list. Milam: The art walk. Art chalk. Borton: Thursday, the 5th Art Sip. Cavener: Great event. Borton: Be available. Arts foundation. Tickets at the door. You can show up. Special antiques. Lots of good fun. Ways to raise funds for the arts in Meridian. So, Art Week next week. And, then, there is a retirement party. It's Thursday -- Ford: Yeah. Thursday. Borton: Thursday. You want to go ahead and share details about that. Ford: That's -- it will be Thursday for Ray Ellis. Borton: Okay. That's going to be where? Ford: That will be here. Borton: Here in City Hall in Chambers? Ford: I think that's right -- yeah. Borton: Is that 30 years? You think? Ford: I think so. I'm not a hundred percent sure, but, yeah, I think it's 30 years. Borton: Okay. What time? Ford: 3:00 o'clock. Borton: 3:00 o'clock Thursday. All right. Thank you. Any other announcements, Council? Milam: Go straight from here to Art Sip. Borton: Could. Art Sip's 6:00 o'clock. Milam: Oh, not until 6:00. Borton: All right. Any other announcements? Meridian City Council Meeting Agenda September 3, 2019 – Page 90 of 245 Meridian City Council August 27, 2019 Page 4 of 18 Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Borton: Okay. Future meeting topics. Mr. Clerk, any signups? Johnson: Mr. President, there are no signups. Item 7: Action Items A. Final Plat Continued from July 16, 2019 for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo Land Development Company, LLC., Located at 615 W. Cherry Ln. Borton: Okay. Moving right along to Item 7, our Action Items. 7-A, deja vu. We have a final plat from July 16th. This is Cherry Blossom. Want to have a little explanation of what's going on in continuing to continue. Hi, Sonya. Allen: Yes. Thank you, Mr. Borton. The applicant is requesting continuance to September 10th in order to address issues with the existing irrigation ditch encroachments along the southern boundary of the site and to allow for the redesign and required access easements that have come up with the final plat review. So , he has assured me that he will be ready in two weeks. Or the 10th. Borton: Okay. Allen: So, certainly hope so. Borton: On these final plat extensions of extensions is there any reason to have concern -- for Council to be concerned at some point to -- Allen: No. The reason it's getting continued is so we can work out those issues, so that there aren't any issues, so -- no issues of concern. However, this one -- it would have been better if it would have been vacated from the agenda a long time ago until they were ready to bring it back, but -- Borton: Fair enough. Allen: -- they were confident each time that they would have it figured out and it's just been one of those projects. So , there has been issues. So, yeah, they should have me the revised plans hopefully this week. Borton: So, continuance would be to what? Allen: September 10th. Borton: September 10th. Okay. Thank you. Council, any questions on that? Meridian City Council Meeting Agenda September 3, 2019 – Page 91 of 245 Meridian City Council August 27, 2019 Page 5 of 18 Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Happy to make a motion. I guess maybe a quick comment first. I assume this will be shared with the applicant. I'm always supportive of continuing so we can address some of these solutions, but we put out -- our agenda and it's really our communication to the public and I think it makes the city and the applicant look like we don't have our act together when we continue something like this so often. So, I'm supportive of continuing this for two weeks to September 10th. I don't know how supportive I'm going to be two weeks from now. So, Mr. President, I move we continue number 7-A, the final plat H- 2019-0064 to September 10th. Bernt: Second. Borton: It's been moved and seconded to continue Item 7-A to September 10th. Any discussion? Mr. Clerk, is that roll call or -- or not. Johnson: I'm not sure, but I'm happy to do it. Borton: Never hurts to do roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing for Smart Food Service (H-2019-0084) by The Land Group, Inc., Located at 2250 E . Jewel St. 1. Request: To Short Plat two (2) buildable lots on approximately 2.64 acres in the I -L zoning district Borton: Thank you. Item 7-B. It's a public hearing for Smart Food Service, H-2019-0084. Begin this public hearing with staff comments. Holmes: Thank you, Mr. President, Members of Council. This is a short plat application for the Smart Food Service located over on 2250 East Jewel Street. So, over here on the southeast corner Fairview and Eagle. A little bit in that subdivision. The site consists of 2.94 acres of land zoned I-L. This property was annexed and platted back in 1984 as the Treasure Valley Business Center and received approval as a planned development in 1991. This planned development established that commercial uses were permitted in these industrial zoned properties. The applicant is proposing to subdivide the existing lot into two buildable lots. They have already received a certificate of zoning compliance and design review approval for a grocery slash kind of restaurant supply store on the larger of the two lots. The other one is being kept for a building pad, basically, for a future Meridian City Council Meeting Agenda September 3, 2019 – Page 92 of 245 Meridian City Council August 27, 2019 Page 6 of 18 commercial building. These lots and proposed site improvements meet the standards of code and the short plat is in compliance with the criteria of UDC 11-6-B5. Therefore, staff is recommending approval with the conditions listed in the staff report. The only written testimony received is from Becky Yzaguirre, the applicant's representative, and she's in agreement with the staff report. Borton: Okay. Thanks, Kevin. Appreciate it. Council, any questions? Bernt: Not right now. Borton: Is the applicant here? Come on up. Give us your name and address for the record. Yzaguirre: Yeah. My name is Becky Yzaguirre. 1501 North 12th Street. Borton: Welcome. Yzaguirre: Do you guys have any questions? Borton: I don't think so. It's pretty straight forward. Yzaguirre: All right. Borton: Thanks for being here. Yzaguirre: Great. Thanks. Borton: Appreciate it. Mr. Clerk, any signups for testimony? Johnson: Mr. President, there were no signups. Borton: Well, that's quick. Anyone here from the public who wishes to provide any testimony on this application? Seeing none, Council, what's your pleasure? Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Item 7 -B -- oh, I got to -- I move that we close the public hearing on 7-B. Cavener: Second. Borton: It's been moved and seconded to close the public hearing on -- Milam: Trying to get through this. Meridian City Council Meeting Agenda September 3, 2019 – Page 93 of 245 Meridian City Council August 27, 2019 Page 7 of 18 Borton: -- Item 7-B. All those in favor say aye. Thank you. The hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Mr. President? Borton: Mrs. Milam. Milam: Move that we approve H-2019-0084. Little Roberts: Second. Borton: It's been moved and seconded to approve H -2019-0084. Any discussion? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Variance Findings UDC Text Amendment (H- 2019-0071) by City of Meridian Planning Division, Located City of Meridian 1. Request: An Amendment to UDC 11-5B-4E in regard to the required findings for Variance applications consistent with that of Idaho Code 67-6516 Borton: Thank you. Item 7-C is a variance findings public hearing on a UDC text amendment, H-2019-0071, application from our city to be led by Mr. Nary it appears. Maybe. Maybe not. Nary: I don't think so. I'm not certain. Allen: I'm happy to present. Borton: Great presentation, Bill. Nary: Thank you. Allen: Mr. President, Members of the Council, the next item before you is a request for a UDC text amendment. It's a request for an amendment to Unified Development Code 11- 5B-4E in regard to the required findings for variance applications consistent wit h that of Idaho Code. Recently there has been confusion on how the city is to grant approval or denial of a variance request per Idaho Code 67-6516, a variance is not considered a right or a special privilege, but may be granted if the applicant can demonstrate an undue Meridian City Council Meeting Agenda September 3, 2019 – Page 94 of 245 Meridian City Council August 27, 2019 Page 8 of 18 hardship because of site characteristics and the variance does not conflict with the public interest. To be consistent with Idaho Code the first finding is proposed to be removed that reads: The variance shall not grant a right or special privilege that is not otherwise -- otherwise allowed in the district. The other two findings are to remain as is , which state the variance relieves an undue hardship because of characteristics of the site and the variance shall not be detrimental to the public health, safety, and welfare. The Commission did recommend approval of this change. Staff will stand for any questions. Borton: Thanks, Sonya. Council, any questions? We are the applicant, so has anyone signed up to provide testimony on this? Johnson: Mr. President, nobody has signed up. Borton: Okay. Well, just some comment I guess, Sonya. This is a cleanup to at least clarify the process for applicants and for us and for staff , but one of the things that -- of the struggles applying this old language was -- greatly appreciated you and your staff holding applicants to the language of the code as it existed and sometimes there were instances when you would rightfully recommend denial of a variance because you can't make the findings and that's maybe not always popular, but if that's what code requires, we appreciate you doing that. That being said , I think this removal makes it easier to apply consistently and consistent with Idaho Code, so -- Allen: Yes. Borton: -- glad to see it come forward. Council, any questions for staff on it? Bernt: No questions. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Nobody speaking up, I move we close the public hearing for 7 -C, H-2019-0071. Milam: Second. Borton: It's been moved and seconded to close the public hearing on Item 7 -C. All those in favor say aye. Any opposed? The hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Move we approve 7-C, H-2019-0071 as presented. Meridian City Council Meeting Agenda September 3, 2019 – Page 95 of 245 Meridian City Council August 27, 2019 Page 9 of 18 Milam: Second. Borton: Moved and seconded to approve Item 7 -C. Any discussion from Council? Hearing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: I'm going to -- maybe a question totally out of order, but, Sonya, are there any pending variance applications that this gets caught up with? Allen: Not to my knowledge, Councilman Borton. City attorney is shaking his head no. D. Public Hearing Continued from August 20, 2019 for Silver Springs (H-2019-0058) by Tall Timber Consulting and Todd Campbell Construction Inc., Located at 1035, 1157, 805 & 905 E. McMillan Rd. 1. Request: Annexation and Zoning of 5.19 Acres of Land with an R-4 Zoning District; and 2. Request: Preliminary Plat Consisting of 57 Building Lots and 6 Common Lots on 19.74 Acres of Land in the R -4 Zoning District Borton: Okay. Good. Appreciate that. Item 7-D is the continued public hearing coming back to us from last week, August 20th, for Silver Springs, H-2019-0058, annexation and zoning and preliminary plat application. This was c ontinued to try and see if there is a way to resolve the code prohibition, so, Sonya, do you want to kick off where we are at? Allen: Yes. Thank you, President, Councilmen. This project, as you said, was continued from the August 20th hearing in order for the applicant and staff to work together on solutions to the cul-de-sac proposed on the plat that exceeds the maximum length standards in the UDC by 50 feet. As you remember it was this one here on the left. The applicant did submit a concept plan showing how the property could be revised -- of how the plat could be revised to comply with the cul-de-sac length standard. The plan depicts a 430 foot cul-de-sac length, with a 331 foot long common driveway at the end of the cul- de-sac, with an emergency access driveway to McMillan Road that provides access to Lots 9 through 12, Block 1. So, if you can see here, this is the emergency access here to McMillan, which will serve these lots right here. Common driveways in excess of 150 feet are not allowed unless approved by the Fire Department and the Fire Department has reviewed the concept plan and approves of the common driveway as shown , provided the applicant complies with the requirements noted in the memo from staff to the Mayor and Council dated August 23rd. You guys should have all received a copy of that memo Meridian City Council Meeting Agenda September 3, 2019 – Page 96 of 245 Meridian City Council August 27, 2019 Page 10 of 18 in your packet for tonight's meeting. If Council approves the proposed concept plan, staff recommends Council include all of the conditions listed in the memo as conditions of approval for this project, which would allow development consistent with the concept plan or consistent with the code in effect at the time of final plat application submittal in the event an amendment to the code is approved to allow a longer cul-de-sac length. That was something that was discussed at the last hearing as well. The only other outstanding issue for Council tonight is the applicant did request Council approval of a waiver to 11- 3A-3 for the existing driveway access via McMillan Road to remain for the home at 1035 East McMillan Road until such time as the property redevelops and that, again, was the one with the red arrow here on the right. The other portion of the driveway on the left is not approved by ACHD, so we are just talking about the -- the one on the east. The Commission was in favor of the applicant's request on that matter. Staff will stand for any questions. Borton: Thanks, Sonya. Council, any questions of staff at this time? Would the applicant like to come forward? Welcome, Dave. Good to see you again. Yorgason: Good evening. For the record Dave Yorgason, 14254 West Battenburg Drive, Boise, and I want to thank the Council -- the Mayor is not here. Thank everyone who allowed us to have a few extra days to work with staff and to provide that concept plan. We agree with all of the terms and conditions in the demo, dated August 23rd, as a staff has outlined and we also want to highlight the importance , again, as a reminder as staff has also brought up, pertaining to the access to the home at 1035 East McMillan and the need for us to keep that eastern access driveway onto McMillan. We agree to remove the western one, but we are asking for your approval of removing -- excuse me -- allowing that eastern access to remain. It does line up with Larkwood and ACHD and the Planning and Zoning Commission were both supportive of keeping that eastern access. With that we request your approval tonight with that acknowledgement of those two items of the memo and the access to 1035 McMillan. And will stand for any questions. Borton: Thank you. Council, any questions? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I don't remember what was spoken about last -- last week in regard to the gentleman's home that you're requesting existing access off of McMillan, but what's the plan when he isn't occupying that house? Are you guys going to redevelop that or is it going to be for sale to another entity or -- Yorgason: President Borton and Council Member Bernt, Boyd Hill is the gentleman that lives there. Bernt: Right. Meridian City Council Meeting Agenda September 3, 2019 – Page 97 of 245 Meridian City Council August 27, 2019 Page 11 of 18 Yorgason: He has lived there for a long time. I don't know how long, but I went to high school with his kids and they were living there at that time and so he will live there until he passes and he will retain the ownership of that place. We will not own the property. What was explained to me is the family will, then, own the property and most likely you can kind of see there there is some room left over, so most easily it would be developed into a couple of parcels -- not multi-family, but just maybe a lot split of some type would be a likely scenario. But can I stand here to tell you what the design is? We don't have that. It hasn't been designed and it probably won't be until he passes. Bernt: All right. Milam: Mr. President? Borton: Mrs. Milam. Milam: So, Dave, along those lines, are you okay if we word it as opposed to redevelopment as it -- as to change of hands of the property? Yorgason: Mr. President, Council Member Milam, yes. Milam: Okay. Yorgason: Either is fine. Whichever is easiest for the city. Milam: Thank you. Yorgason: Just while he lives there we need to keep that entry -- Milam: Right. So, we are clear on -- yeah. Yorgason: Thank you. Milam: Thank you. Borton: Mr. Nary, any concern on that? I guess a little more enforceable or not, having a change of title being the trigger? Nary: Mr. President, Members of Council, I -- I don't see a real issue either way, so that's fine. Borton: Okay. Council, any other questions? So, I have got maybe a question or a comment for you. I didn't know what was going to happen over the course of a week in efforts trying to come up with a solutions It was better to not try and do it up here on the dais, but I didn't -- I guess my hope was it wouldn't be this in all candor. If you were to pick this revised plat or your original plat, I assume the original plat would be your strong preference. Meridian City Council Meeting Agenda September 3, 2019 – Page 98 of 245 Meridian City Council August 27, 2019 Page 12 of 18 Yorgason: Council Member -- Mr. President, yes, that's why we submitted it initially. Borton: Sure. Yorgason: That's why I came back to you after the consideration, the discussion, though, well, I will give it a shot and I will ask one more try, b ut it was pretty clear that the Council did not want to -- or at least wasn't able to grant us that, which we understand. Borton: Sure. And I think that's a -- that's an important distinction, at least for me, that I would love to have been able to approve that and my hope was if there was a chance over the course of a week there might have been , I don't know, some magic language uncovered, which would have allowed the prior plat to be the one that gets approved, because I think that's the correct one without emergency access to McMillan. So, there is a solution still, it's just not as quick, as I understand it. If -- in order for the original plat -- and, Sonya, correct me if I'm wrong, but in order for the original plat to be viable for approval, it would have to pause and wait for a variance application to come forward or not at all. Allen: Council President Borton, that would be a text amendment. Borton: There is no way out of -- Allen: No. Borton: Interesting. Allen: Yeah. And just while I have the mic -- Borton: Sure. Allen: -- I do have concern about including language when the deed changes on that. We just have no way of tracking that. You -- you can put that in the development agreement, but -- and I don't disagree that's not a bad idea, but we just -- we don't have any way to track ownership or to require them, for that matter, at that point. Borton: What ability do you have if it's based on redevelopment? Allen: Then they will be submitting an application to the city and, then, there will be a provision in the development agreement that will trigger that going away. Borton: Okay. Yorgason: Council President Borton, I'm not going to speak for the city, but I would agree with staff. Borton: Okay. Meridian City Council Meeting Agenda September 3, 2019 – Page 99 of 245 Meridian City Council August 27, 2019 Page 13 of 18 Yorgason: If I were in your shoes that's a better choice. Borton: Sure. Allen: For both. Borton: Another question. In -- in a perfect world would there be flexibility afforded to a Council to grant variances or waivers or some mechanism to allow this type of circumstance to approve a cul-de-sac a little bit longer. Allen: No. President Borton, I can defer to the city -- the city attorney on that, but there is no language in our city code that I'm aware of that will allow for it. Borton: And not that there is, but should there be? I mean I understand -- let's learn from this application if there is ways to improve -- Allen: If Council would like to provide staff direction for a future code amendment, then, yes, that would be great. By all means let us know what your direction is. Borton: I was putting it back on -- on you. I was asking for your professional judgment if you thought that would be a valuable tool for us to have. Nary: So, maybe I could -- I could help, Mr. President. The problem is is no matter what you set the standard someone will want to do a different standard and variances are supposed to be few and far between to avoid it being arbitrary and so even with us changing the variance requirements today, we aren't really aligning with state code and the intent is to, again, keep them fairly restrictive. So, I don't know -- in this circumstance it, obviously, makes very much sense to the applicant for the design they had proposed , but in my experience we haven't had a tremendous amount of push back to the existing standard. Now, you can change the standard, which is fine, you will probably get the same issue at some point in the future , but if you create a variance or some other exception, then, you're going to need to make findings as to why this one requires it and it not simply is an arbitrary -- we like this applicant, we didn't like the last applicant, because that's the problem -- Borton: Sure. Nary: -- we run into is that it sounds really good and the next one maybe doesn't sound as good and it really isn't much different. So, again, it's -- the standard can change, but to give you the Council an option to vary it or change it because of a request will likely lead to more exceptions than the rule. So, that's the problem I would be concerned with. Borton: Good advice. Okay. Milam: Mr. President? Meridian City Council Meeting Agenda September 3, 2019 – Page 100 of 245 Meridian City Council August 27, 2019 Page 14 of 18 Borton: Mrs. Milam. Milam: You are still putting in that really awesome little tot lot; right? Yorgason: Mr. President -- Council President and Council Member Milam, I don't know why I would do anything different than that. Milam: Well, I didn't think so. Yorgason: The answer is, yes, we will put this tot lot in. Milam: I just wanted to make sure, because, you know, it's really important to me. Yorgason: The only change we are suggesting is this cul -de-sac length. Thanks for asking. Milam: I just wanted to bring up your awesome tot lot again, because it was so cute. I want to play on it. Borton: Any other questions of the applicant? Okay. Thank you, Dave. Yorgason: You're welcome. Thanks again. Borton: This is a public hearing. Any signups? Johnson: Mr. President, there are no signups. Borton: No signups. How about anybody in the public who wished to provide testimony that didn't sign up? Seeing none. Joe, I will put you on the spot briefly for comment from Fire, comfort with this revised solution and the language in the proposed -- Bongiorno: It's not ideal, but we can live with it. I'm not sure -- I haven't had a chance to talk to Dave if you are going to do bollards or a gate. I think the gate would be more problematic, if it's a swing gate. I sliding gate might work, but I think bollards are going to be the best. So, we haven't talked about that. But other than that I think we can live with the way it is. That's not a problem. Because if we did have to get to Lot 12, instead of backing the fire engine all the way out, we can just push the bollards over and go through. So, it would be really simple. I had no problems with it, other than, excuse me, what Sonya had mentioned about -- in the memo with the bollards and -- and/or gate and no parking signs to make sure we don't -- we keep that lane open all the time. Borton: So, in the condition it's or. Is that -- is that an or that the applicant selects, either one to comply? Bongiorno: Either one is fine. Meridian City Council Meeting Agenda September 3, 2019 – Page 101 of 245 Meridian City Council August 27, 2019 Page 15 of 18 Borton: Okay. Bongiorno: The bollards would be better. But a gate would be okay also. Borton: Okay. Bollards preferred. Got it. Thanks. Any questions of -- of staff by Council? Applicant, you get the final word. Welcome back. Yorgason: For the record Dave Yorgason. I saw one or several Council Members look at me like what are you going to do. So, in the spirit of being not only better playground and better -- bollards is the preference for the Fire Department. Borton: Appreciate that. Any other questions on the conditions, language? Yorgason: I would ask -- so, we just keep this simple, I know you're wrestling through text and so maybe you don't change the memo, but if you really want to wrestle through it, that's fine, but bollards is -- is our preferred direction. Borton: Sure. I appreciate that. Yorgason: You're welcome. Borton: Staff, any -- anything you need? Questions -- Allen: No. I'm good. Thank you. Borton: -- unanswered? Okay. Appreciate it. Yorgason: Thank you again. Borton: Any additional information Council needs on Item 7-D? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we close the public hearing on Item 7-D. Milam: Second. Borton: Moved and seconded to close the public hearing. All those in favor say aye. Any opposed? The hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: What's your pleasure, Council? Meridian City Council Meeting Agenda September 3, 2019 – Page 102 of 245 Meridian City Council August 27, 2019 Page 16 of 18 Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Just a comment. I don't think there is anybody in this room right now that prefers what's in front of us over what we saw last week. I could be wrong, but I -- I get really uneasy about those long strips and emergency access and what he had here is before us right now is preferred. Recognize that we got our way a little bit on this one. I want to be supportive to the applicant. If this alternative version that's presented is preferred, as opposed to taking a little longer to get it done, I'm inclined to move forward. Small application. It would be a good -- good piece of infill. I think it serves a good need in a growing part of our community. So, while I don't love it, I'm supportive of moving forward with the application tonight. Borton: Any other discussion? Bernt: No. I agree. Borton: Okay. Cavener: And, Mr. President, I apologize, I took a -- I took a little bit out of turn. So, I move that we approve Item 7-D, Silver Springs, H-2019-0058, with the proposed map that is before the Council that depicts a significantly longer emergency access and I guess to include that bollards will be placed at the emergency access and for Council Woman Milam that the tot lot remains unchanged. Milam: And the access to McMillan. Cavener: Oh. And I think that was part of the original application, but that the entrances are depicted as presented and for that access to be removed upon redevelopment. Milam: Second. Borton: Moved and seconded -- Allen: Mr. Borton, may I clarify? Borton: Please. Allen: Is Council approving the waiver for access for the eastern driveway and also -- Milam: The eastern driveway. Allen: -- is Council approving the recommended conditions of approval in the memo to Mayor and Council? Thank you. Meridian City Council Meeting Agenda September 3, 2019 – Page 103 of 245 Meridian City Council August 27, 2019 Page 17 of 18 Cavener: Mr. President, yes, thank you for asking for the clarification, Sonya. Borton: Okay. Council, any discussion? If not, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Ordinances A. Ordinance No. 19-1846: An Ordinance (H-2018-0130 Razzberry Villas) For Annexation Of A Parcel Of Land Being Lots 1, 2 And 3, Block 6 Of Razzberry Crossing Subdivision As Filed For Record In Book 93 Of Plat At Pages 11215 Thru 11217, Records Of Ada County, Idaho, The West 27.00 Feet Of North Bright Angle Avenue Road Right Of Way, And The North Half Of The East Star Drive Road Right Of Way Lying In A Portion Of The NE ¼ Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification From R-8 (Medium Density Residential) And LO (Limited Office) Zoning Districts To R-15 (Medium High Density Residential) Zoning 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 An Effective Date. Borton: That is the last action item under Item 7. Item No. 8-A is Ordinance No. 19-1846. Johnson: Thank you, Mr. President. This is an ordinance 2018 -0130, Razzberry Villas, for annexation of a parcel of land being Lots 1, 2 and 3 of Block 6, of Razzberry Crossing Subdivision as filed for record in Book 93 of Plat, at pages 11215 through 11217, records of Ada county, Idaho. The west 27.00 feet of North Bright Angle Avenue Road right of way and the north half of the East Star Drive Road right of way, lying in a portion of the NE ¼ of Section 31, Township 4 North, Range 1 East, Boise meridian, Ada county, Idaho; establishing and determining the land use zoning classification from R-8 (Medium Density Residential) and L-O (Limited Office) Zoning Districts to R-15 (Medium High Density Residential) Zoning 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 an effective date. Meridian City Council Meeting Agenda September 3, 2019 – Page 104 of 245 Meridian City Council August 27, 2019 Page 18 of 18 Borton: You have heard Ordinance 19-1846 read by title only. Anybody want to hear it in its entirely? Milam: Mr. President? Borton: Mrs. Milam. Milam: Seeing none, I move that we approve Ordinance No. 19-1846 with suspension of rules. Little Roberts: Second. Borton: It's been moved and seconded to approve Item 8-A. No discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics Borton: Item 9, Future Meeting Topics. Anything? No? We are done. Is there a motion to adjourn? Milam: I move that we adjourn. Little Roberts: Second. Borton: All those in favor? MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Good work. Good evening. MEETING ADJOURNED AT 6:34 P.M. (AUD ECOR I FILE OF THESE PROCEEDINGS) q /3 U!Ue,1?)Or h COV"ri GSTATE APPROVED ATTE o�°� z ('lty °f N �IlaE IDIA o C RI i bFVbN - CITY CLER tilFR or the TR<�-