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HomeMy WebLinkAbout2019-09-03 Work SessionMeridian City Council Work Session September 3, 2019. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, September 3, 2019, by President Joe Borton. Members Present: Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Members Absent: Mayor Tammy de Weerd. Also present: Chris Johnson, Bill Nary, Caleb Hood, Sonya Allen, Kevin Holmes, Clint Dolsby, Jeff Brown, Kenny Bowers and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener ____ Mayor Tammy de Weerd Borton: Good evening, everybody. Welcome. Tuesday, September 3rd. It's 6:00'ish. 6:02. We will begin tonight's regular City Council meeting with roll call attendance. Mr. Clerk. Item 2: Pledge of Allegiance Borton: Item No. 2 is the Pledge of Allegiance. If you will, please, rise and join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Dave Duron of Meridian First Baptist Church Borton: Item No. 3. Our community invocation will be led tonight by Dave Duron of the Meridian First Baptist Church. Welcome. Come on forward and thanks for joining us tonight and leading us in our invocation. Duron: Let's pray. Heavenly Father, we thank you, Lord, for this opportunity and for this gathering. We thank you for all the years of wisdom demonstrated here and for the servants hearts that are demonstrated within our leadership within our own community here. I pray that you would give them wisdom. May they demonstrate a fear for God and, Lord, we pray that you would preside over these sessions and may we see your will done here and in our city to your glory, in Jesus' name, amen. Item 4: Adoption of Agenda Meridian City Council Meeting Agenda September 10, 2019 – Page 30 of 225 Meridian City Council September 3, 2019 Page 2 of 32 Borton: Thanks, Dave. Appreciate you being here tonight. Item No. 4 is adoption of the agenda. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: We are going to add Item 8-C, approval of a benefit trust agreement. This item was inadvertently left off the agenda at the agenda setting meeting. We did, however, discuss it during our work session and there was a -- I think a motion and a second, if I'm not mistaken, to move that to our agenda tonight at 6:00 o'clock. So, with that I move we adopt the agenda has published. Milam: Second. Borton: It has been moved and seconded to adopt the agenda as amended. If there is no discussion, Mr. Clerk. yea. MOTION CARRIED: ALL AYES. Item 5: Announcements Borton: Announcements. Among everything else this week is Art Week in Meridian, If you don't already know. There are activities every day. The city website has them listed, but there is lots going on, so I'm going to read a couple highlights for you. Meridian Art Drop is going on this week. Art paint and drop at the Angry Easel is -- well, it was noon today. So, hope you made it. Wednesday, the 4th, there is more art paint and drop at the Angry Easel. Make and take art kits at the Happy Hour Homemaker. Thursday is Art Sip at Something Special Antiques downtown for the Meridian Arts Foundation and there is rock painting, chalk art contests. An art walk downtown. Everyday has something packed to help celebrate the Arts in Meridian. So, hopefully, you get a chance to enjoy Art Week and one of the great activities going on throughout the week. Any other announcements from Council? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: Kenny Bowers is in the house. New face. How are you doing, Kenny? Bowers: Thank you. Item 6: Proclamation Meridian City Council Meeting Agenda September 10, 2019 – Page 31 of 225 Meridian City Council September 3, 2019 Page 3 of 32 A. Meridian Art Week Borton: Kenny Bowers. Welcome. Thanks for joining us. Any other announcements from Council? Ralph, we see you in the back. We are glad to see you here as well. Item No. 6 is a proclamation for Meridian Art Week throughout this entire week in Meridian. We have present Hillary -- maybe? Hillary is not here. But Bonnie Griffith, Lynn Smith, Gretchen Caserotti, if you would come forward and I have got a proclamation to read for you. Cavener: Mr. President, while you are walking down I just want to share -- I found an art drop today. I was really, really excited. I was walking into City Hall and I saw this thing in the bush and I'm like, oh, there is some trash in the bushes and I pulled it out and lo and behold it's this nice little picture from the Meridian Art Drop. So, it was a very pleasant surprise. So, what a -- what a great event. Borton: Okay. Sure. So, I'm going to read a proclamation at you, to you, for you for Art Week. So, here we go. Whereas in the City of Meridian public art plays a valuable role in creating a sense of place, beautification of public areas, offers community expression and dialogue and embraces the quality of life for Meridian residents and visitors and whereas having publicly accessible art within the City of Meridian highlights our community's cultural and historical resources and promotes the development of economic, educational, recreational, and tourist opportunities within the city and whereas the arts can be used as a conduit for exchanging ideas, connecting with one another, finding common ground and when accessible to the public can help strengthen Meridian's community and families and whereas we recognize the growth and demand for the arts in Meridian through the Meridian Arts Commission events, Parks and Recreation courses, the Treasure Valley Youth Theater, Meridian Arts Foundation and other local organizations and whereas the City of Meridian is fortunate to have a tremendous group of volunteers who serve on the Meridian Arts Commission for the purpose of advancing the arts within the city through the research and development of opportunities and sources -- and sources for the arts within our community. Therefore, I, Joe Borton, President of the Meridian City Council, on behalf of Mayor Tammy de Weerd and our entire City Council, hereby Proclaim September 3rd through 7th, 2019, as Meridian Art Week throughout the City of Meridian and we all encourage our residents across the valley to participate in Meridian Art Week festivities, including the Meridian Arts Drop and our walk highlighting public art activities in downtown Meridian, dated this 3rd day of September 2019. So, I will present this to you. Griffith: So, I just want to thank the City Council Members for recognizing that the arts are a very important part of our city and community. Thank you so much. And I hope that you have the opportunity to attend some of the art events that are happening. I think they are listed on the website, on Facebook, and as Lucas found, there is -- there is art drops happening all week and so for all of you -- anyway anyone else, please, join in on the festivities. Thank you. Meridian City Council Meeting Agenda September 10, 2019 – Page 32 of 225 Meridian City Council September 3, 2019 Page 4 of 32 Borton: A special thanks goes out to Meridian Arts Commission. Among all of the groups listed they have done a wonderful job working extremely hard trying to promote the arts and arts opportunities in a community. So, thank you, Gretchen, and to the whole commission. Appreciate all that you do. Item 7: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum ) Borton: Item No. 7, future meeting topics public forum. Mr. Clerk? Johnson: Mr. President, Carolyn Vaught is here, if I'm pronouncing that correctly. Vaught: You are. Borton: Okay. Hi, Carolyn. Come on forward. Thanks for being here tonight. Vaught: Thanks for having me. So -- do you want me to tell you what I'm looking to do? Borton: Sure. Vaught: I'm a real estate agent representing a seller on -- located at 1370 West Lake Hazel Road and in several discussions we have tried to figure out how to get this property sold. She's tried to sell it two other times and in communications with Planning and Development here I was told that that property is eventually going to be annexed into the city of Kuna. So, I have been speaking with Kuna and they have it pegged for commercial land, which is probably why she couldn't sell it as high density. So, can I ask you to send a letter from the City of Meridian stating that they would approve the -- the idea of annexing into Kuna, because Kuna is ready for her to go ahead and make that change and there is two other neighbors that are also just on that side of Lake Hazel. So, the north side of Lake Hazel is still Meridian, the south side is Kuna. It's my understanding the eventual plan is that Kuna will go up to Amity. The biggest challenge for the sellers is that they can't get utilities to the property from Meridian, but for Kuna it's directly across the road. So, it makes sense for them to be able to make that move. She's elderly and really needs to sell and it's been really difficult, because of the -- the zoning and obvious -- for all the obvious reasons she can't get the utilities to the property and it's in the future plan. So, that's the goal tonight is to just get a letter stating that Meridian would -- would consider this okay for Alice to make her move and annex into the city, so we could start the application. Borton: So, the part of the process, Carolyn, for the -- for the public forum -- generally we don't -- we gather information and in requests can't make decisions obviously, make -- take action at these, but we can gather the information and provide some direction to you and perhaps to our staff. One of the -- the general principles that's utilized in -- in whether or not an annexation should cross an area of impact line usually turns back to we would look to our staff, Development Services, Public Works to provide us some -- some direction on -- Meridian City Council Meeting Agenda September 10, 2019 – Page 33 of 225 Meridian City Council September 3, 2019 Page 5 of 32 Vaught: Okay. Borton: -- what the unintended consequences might be of something like that is really, you know, property specific. So, that's probably where we would steer you next. Vaught: To go back to Planning and Development. Borton: Correct. For the City of Meridian and our Public Works and that might -- Vaught: So, they sent me here. So, is there an application that I need to file to get this started? So, I just need to know -- Borton: Sure. Vaught: -- what's my next step to get that done. Borton: The application would be an application with the city of Kuna, not with the city of Meridian. But there would be a request for us to provide input and direction as to whether we object to it or have any concerns with it. Mr. Nary, you can help me if I'm -- if I'm summarizing this incorrectly, but that's one of the -- the things that might steer whether we have a concern -- Vaught: Okay. Borton: -- if something's in our area of impact and we have planned for it, made investment decisions in infrastructure is usually why we try to get that feedback. Vaught: I don't remember who I talked to. I have got a note, but I don't have his name here, but he did tell me to contact by e-mail to City Council and schedule time to come in. So, I e-mailed Chris is who I have been working with and so he scheduled me. So, if this is the wrong way to go about it I appreciate your help and just point me in the right direction and I will get it going. Hood: Mr. President, if I can clarify the process a little bit. So, this is the right forum. What we have agreed to with Kuna is that before they will accept an application, if it's in our area of impact, which this property is, they have agreed not to accept or process applications for annex into their city in another city's area of impact without the letter that she's asking for this evening. So, this is in our area of impact. I haven't talked to Public Works about this, but it is in our planning area and our service area and I understand the situation that the potential seller is trying to -- to get out of this property, but we have master plans showing our utilities going through this property and if this goes to Kuna we have got to redo a lot of plans and I'm not trying to speak for Public Works, but this is -- there is some real implications long term to the City of Meridian if we were to let this property go. So, again, we haven't fully analyzed this. I just am looking at the property for the first time, but just to clarify, the city of Kuna would not accept the application to Meridian City Council Meeting Agenda September 10, 2019 – Page 34 of 225 Meridian City Council September 3, 2019 Page 6 of 32 annex, even though by state code it's eligible, because we have this verbal agreement with them recognizing each other's area of city impact. Nary: Mr. President? Mr. President, Members of the Council, so I think the most appropriate at this juncture is because we cannot have a fully vetted conversation about this as it's just a -- a public forum, is to set this off for a week or two, whatever Planning and Public Works need, to at least come back to this Council to give their opinion on what their recommendation to you would be on whether or not we would -- at least the staff would recommend providing the letter they are requesting and, then, that way -- because the only other option I can think of would be actually to apply to amend our area of impact, which is more problematic I think for an individual property owner. So, I think that would be the most logical is to have Planning and have Public Works provide you with at least their opinion as to whether or not this request would be in the best interest of the city and they would support it or whether they would recommend the city not support it. Borton: Mr. Nary, would that be an action item we put on and in a -- in a couple of weeks to decide whether or not to issue that letter? Nary: Yes. I would suggest that, Mr. President, to do that. Vaught: So, what would my follow up be with you? I guess that's my question is what should I -- Borton: Mr. Hood provided some direction. I think you're going to be talking with our Public Works and Development Services. Vaught: Okay. Borton: Answer whatever questions they may have to understand what property this is and take a look at how we might have planned for it and invested to serve that area, so they can make their recommendation to us as to whether or not that letter should be issued. Vaught: Okay. So, I will hear from you or I should contact you back? Borton: I would probably talk to them sooner rather than later. Vaught: Okay. Perfect. Talk to Bill Parsons. Okay. Thank you. Johnson: Mr. President? If I may, just for Council's benefit, I coordinated Ms. Vaught speaking tonight. I wasn't the initial point of contact in Community Development. She worked with them to get direction to contact me to schedule. Borton: Okay. Johnson: Just wanted to clarify. Meridian City Council Meeting Agenda September 10, 2019 – Page 35 of 225 Meridian City Council September 3, 2019 Page 7 of 32 Borton: Thank you for bringing up the issue though. I appreciate it. Vaught: Well, thank you. I just need to know what to do. Borton: Appreciate you bringing it up. Mr. Clerk, anyone else sign up? Johnson: No additional signups. Item 8: Action Items A. Public Hearing for Eagle Commons MDA (H-2019-0082) by The Land Group, Inc., Located at 3085 E. Ustick Rd. 1. Request: Modification to an Existing Development Agreement for the Purpose of Removing the Subject Property from DA Instrument 108008770 to be placed in a new, separate agreement Borton: Okay. That moves us to Item 8, our Action Items. Item 8-A, we will open our public hearing for H-2019-0082 by The Land Group. Sonya, good evening. Allen: Mr. President, Members of the Council. The first application before you tonight is a request for a development agreement modification. This site consists of 3.29 acres of land. It's zoned C-G and is located at the southwest corner of North Eagle Road and East Ustick Road. This property, along with the abutting 11.39 acres of land, was annexed into the city in 2008 and a development agreement was approved that incorporated the entire annexation area, which totaled 15.33 acres of land. The abutting property recently entered into its own development agreement that was under the name of Villasport, leaving only this property subject to the existing development agreement. The Comprehensive Plan future land use map designation for this property is mixed use regional. The applicant is proposing to enter into a new development agreement solely for the subject property, thus terminating the original development agreement, because most of the original DA provisions are no longer applicable to development of this site. The terms of the existing development agreement are included in the staff report and the conceptual development plan previously approved for this site is as shown there on the right. The existing concept plan depicts two retail commercial structures with associated parking. A shared access with the property to the south via Eagle Road as shown on the plan was denied. The proposed concept plan depicts three pad sites, one multi-tenant shops pad with a drive-thru and shared parking. The maximum overall building area proposed is 25,900 square feet and that is conceptual. It -- it could change -- change a little bit. A little wiggle room on that. A concept building elevation was submitted as shown that demonstrates the quality of design proposed for future buildings in the development. Access to the development is proposed via a shared driveway from East Ustick Road recently approved with the Villasport project along the west boundary of the site and a cross-access easement via North Centrepoint Way, North Cajun Lane and East Seville Lane. No public streets are proposed within the development. Staff is recommending a Meridian City Council Meeting Agenda September 10, 2019 – Page 36 of 225 Meridian City Council September 3, 2019 Page 8 of 32 cross-access ingress-egress easement in accord with 11-3A3 of the Unified Development Code is provided to the adjacent properties to the west and south as a provision of the development agreement. Written testimony was received from Tamara Thompson, the applicant, of The Land Group. She is in agreement with the staff report and staff is recommending approval. Staff will stand for any questions. Borton: Thank you, Sonya. Council, any questions? Seeing none, would the applicant like to come forward. Thompson: Mr. President, Members of Council, my name is Tamara Thompson. I'm with The Land Group. 462 East Shore Drive in Eagle. As staff mentioned, we did send in an e-mail today in agreement of the staff report. I have a PowerPoint if you want to see it. A lot of it has what Sonya has here, so I think maybe I can just go over -- I have -- so you can see my thing. So, we -- since the original development agreement -- this property was actually annexed in '03 and, then, it's been through a couple different revisions of modifications to development agreements and with the Villasport and this pad on Eagle Road recently being approved, this has a separate ownership entity on it and the -- the previous development agreement just doesn't make sense anymore for this one. So, we are proposing a -- a new development agreement for this one and -- and we have read the staff report and we are in agreement with staff's recommendation for provisions of the new development agreement and if you have any questions I'm happy to answer those for you. Borton: Okay. Thanks, Tamara. Council, any questions of the applicant? It does not look like there are any. Thank you. This is a public hearing. Mr. Clerk, anybody signed up? Johnson: Mr. President, no one has signed in for this topic. Borton: Okay. Anyone here in the room who hasn't signed up who wishes to provide any testimony, input, comment, questions? Seeing none, Council, any questions? Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we close the public hearing for H-2019-0082. Cavener: Second. Borton: It's been moved and seconded to close Item 8-A. All those in favor say aye. The public hearing is close. MOTION CARRIED: ALL AYES. Borton: What's the Council's pleasure? Meridian City Council Meeting Agenda September 10, 2019 – Page 37 of 225 Meridian City Council September 3, 2019 Page 9 of 32 Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I move that we approve application H-2019-0082 as presented earlier. Milam: Second. Borton: It's been moved and seconded to approve Item 8-A, H-2019-0082. Any discussion? Seeing none, Mr. Clerk. Roll call: yea. MOTION CARRIED: ALL AYES. B. Public Hearing for Millbrae Subdivision (H-2019-0066) by WHPacific, Located at 4888 and 4920 W. Cherry Ln. 1. Request: Annexation and Zoning of 8.79 Acres of Land with an R-8 2. Request: A Preliminary Plat Consisting of 41 Building Lots and 5 Common Lots on 8.79 Acres of Land Borton: Thank you. Item No. 8-B is public hearing H-2019-0066, W.H. Pacific. Kevin, good evening. Thanks for joining us. We will begin this application and public hearing with staff comments. Holmes: Thank you, Mr. President, Members of Council. This is the Millbrae Subdivision application. Before you an annexation and preliminary plat. The site consists of 8.79 acres of land, currently zoned RUT, located at the northwest corner of West Cherry Lane and North Black Cat Road. The current Comprehensive Plan future land use map designation is light density residential. The applicant today is requesting annexation and zoning of 8.79 acres of land with an R-8 zoning district and a preliminary plat consisting of 41 single family residential building lots and five common lots for detached homes at a gross density of 4.7 units per acre. This 4.7 is slightly higher than the three dwellings per acre standard associated with low density residential future land use map designation this property currently has. The applicant is requesting a step-up in density to a medium dense residential designation. The Comprehensive Plan does allow for step-ups in density and the applicant's request meets the required criteria. In addition though the ongoing -- through the ongoing Comprehensive Plan update this property is designated to be changed to a medium dense residential designation with the current draft of the new plan. So, you can see those -- the current future land use map there and the draft future land use map up on your screen. Since the applicant's request is in line with the potential future change and the density fits with the surrounding -- surrounding uses, staff is Meridian City Council Meeting Agenda September 10, 2019 – Page 38 of 225 Meridian City Council September 3, 2019 Page 10 of 32 comfortable with the applicant's step up request. So, currently this property has two single family homes and a number of accessory structures on it. The applicant is proposing to remove one of the homes and the accessory structures and, then, relocate the other to fit on a new lot within the subdivision over on the western edge of this property. Staff has reviewed the new location of this home and it is in compliance with the requested R-8 standards. In response to conditions listed in the staff report the applicant has provided a revised open place -- open space calculation showing 11.9 percent open space, which does exceed the ten percent required by code. Amenities in the subdivision include a children's play structure in this middle common area here. Multi-use pathways along both Black Cat and Cherry Lane, as well as a picnic shelter and seating areas in a little common area. The applicant has also submitted conceptual elevations shown here. So, the Planning and Zoning Commission has recommended approval. In that public hearing we heard from Jane Suggs, who is the applicant's representative, in favor, as well as a Michael Pearson, who is a representative of the church directly to the north of the property. There was none in direct opposition, but William McEwen, who is a property owner directly to the west, did provide both commenting and written testimony, bringing up concerns about increased traffic at the intersection of Black Cat Road and Cherry Lane, potential for the developer and ACHD to possibly work together on improvements and Mr. McEwen was also concerned over the lack of communication from the applicant in regards to how the property would develop and potential stub streets to his property. The issues of discussion by the Commission included the timing of improvements to nearby roads and if there was any potential for ACHD and the applicant to enter into some sort of cooperative development agreement and they also discussed concern over the requested step up in density from light density residential to medium density residential. The potential for fencing around the open irrigation pond located in this north lot here. Also discussed was how access would function off of North Black Cat Road and, then, the future connectivity between the proposed stub street and the existing stub street in the Burlingame Subdivision, which is just to the west of this property going through Mr. McEwen's property. Commission had two changes to the staff recommendations. The first was to add a condition that the applicant work with staff to include safety measures around the irrigation pond. This discussion has taken place with the applicant and they have proposed a four foot vinyl fence around the pond, which matches the existing fencing proposed with the subdivision. The other change per staff recommendations from the Commission was that the applicant work with the property owner to the west, Mr. McEwen, to discuss the location of the stub street to his property. This has happened as well, which has resulted in these changes that you see before you between the original preliminary plat and the revised preliminary plat. So, there is a two outstanding issues for Council right now. The first is the Council approval for the requested step up in the future land use map designation from light density residential to medium dense residential and, then, to -- basically because of this change to the plat here that the applicant has brought before us as a result of discussions with the property owner to the west. There is three items that need to be basically cleaned up in the staff report. These three issues here. We need to replace a reference to Block 2 with Block 1 and, then, staff would like a revised landscape plan to match the revised plat and also incorporate some revised conditions of approval from ACHD and since the Commission hearing staff has received some basic written testimony from correspondence between the applicant and Mr. McEwen, who is Meridian City Council Meeting Agenda September 10, 2019 – Page 39 of 225 Meridian City Council September 3, 2019 Page 11 of 32 the property owner to the west, regarding the relocation of the stub street to his property. Based on that correspondence it looks like they are in agreement. With that staff will stand for any questions. Borton: Thank you. Council, any questions of staff? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: One quick one, Kevin, just for -- if I'm remembering things right. If I recall Council kind of says we are not real excited about entertaining step-ups until the comp plan is finished. My assumption is because the belief is that Council would adopt the change in the map that's why this was able to kind of move forward. Help me understand that piece. Holmes: Council Member Cavener, that's part of it. The -- to give some more context as well, the property to the west -- there is a subdivision here called Burlingame. They also requested a step up and that was probably at least six months or so before this and that step up was granted. So, there is a little more context in the area, but, yeah, that was another piece of the puzzle, too. Borton: Any other questions of staff? Would the applicant like to come forward. Good evening, Jane. Suggs: Good evening, City Council, President Borton. Can you change over to the -- there you go. I'm Jane Suggs. I work at W.H. Pacific. 2141 Airport Way. I'm here representing Millbrae Subdivision and Trilogy Development and Kevin did a pretty good job of explaining what we went through at P&Z, which was a pretty nice hearing. We had quite a few people show up to listen in. I just wanted to say that even though we are annexing into Meridian this kind of feels like an in-fill project, since we are almost completely surrounded already by properties that are within the City of Meridian. So, it almost feels like in-fill. Let's see. Here is a map showing that area in blue. You can see -- and you just saw this with Kevin -- the properties to the north and south are in the city limits and have an L-O zone and the property just to our west -- he talked about Burlingame beyond Mr. McEwen's property that was recently approved, the Burlingame Subdivision, with an R-8 zone. Here is a copy of our old landscape plan. This will be changed prior to final plat to reflect the change in the plat that shows that north street, North Birch Drive, will end and there will be a street between North Birch and Quaker Ridge. Both staff and the P&Z approved the step up in the comp plan and we appreciate that, because of these particular circumstances. We think that that's really appropriate to have the medium density at what we call a hard corner and this is a corner that's on the corner of two arterial streets with only one access allowed by ACHD on Black Cat Road. Our plan is for 40 new homes and one relocated -- relocated home on 8.79 acres with a density of 4.7 dwelling units per acre. We are providing 11 percent of usable open space and that actually does not include the landscaped area around the irrigation pond. It will Meridian City Council Meeting Agenda September 10, 2019 – Page 40 of 225 Meridian City Council September 3, 2019 Page 12 of 32 take up that whole area, so we will have some landscaping around that. We will put a fence around that to keep the little kiddos out. Maybe a bench along the street there, so it can kind of be -- I consider it sort of an amenity, but it's not included in your qualified open space calculation. So, if you included that in the pathways and we even have a little emergency access down there on the southside that will actually serve as a pedestrian path. So, we have quite a bit of open space there. As Kevin suggested or explained, we will have a tot lot playground in that center space and a picnic shelter. Here is a copy of the revised plat. We did e-mail quite often with Mr. McEwen. He had suggested a different -- just a little bit different location for the stub street that goes to the west, but we had to adjust it down a little bit, because we have to meet offsets, so -- you know, between local streets -- on another local street and there needs to be an offset, so when you're coming out of one you're not kind of just south of another street, because it creates confusion. So, we did put that at the location that's approved by ACHD. We do agree with all the conditions of approval and respectfully request you approve our annexation, rezone, and preliminary plat and all the conditions of approval. And I will stand for questions. Borton: Thank you, Jane. Council, any questions of the applicant? Not yet? This is a public hearing. Mr. Clerk, any sign-ups? Johnson: Mr. President, one sign-up. Mr. McEwen has signed in. Borton: Welcome. McEwen: Hello. My name is William McEwen. I'm at 5120 West Cherry Lane. I think I have been mentioned a few times. Kevin, can you flip that back to the Planning and Zoning thing. Keep going. A couple more. It was the one with the -- it was the one with -- that's -- yeah. The one right beside -- Borton: Mr. McEwen? Mr. McEwen, you got to come forward to the mic, because you -- McEwen: I'm sorry. The one right before that. It was a blow up of the one on the left. That's all right. Leave it where it was. I'm trying to get the message across. Borton: Mr. McEwen, is the monitor right in front of you working or is it not working? McEwen: Oh. Oops. Now what happened? I will just go with this. So, I just wanted to point out that it isn't built yet, but we have got Burlingame over there. Down south I see that they are applying for -- I don't know why that keeps moving. Excuse me. Just south there is -- I believe it's a church and they are applying for R-8 as well, which is great, I mean I -- I love to see this town grow. I would like to see it grow properly and I'm not going to stand here and tell you what to do or how to vote, but I'm sure you're very capable of doing that yourselves. I do feel that it is important that I point out a few facts regarding this project. I'm sure that you read the report submitted by ACHD. It's been mentioned a couple of times tonight. This report is extremely -- I believe it's extremely misleading and incomplete. I have made -- made available the e-mail chain between myself and your Jorge Zambrano -- I hope I pronounce that right -- the author of the report confirming the Meridian City Council Meeting Agenda September 10, 2019 – Page 41 of 225 Meridian City Council September 3, 2019 Page 13 of 32 following: There is a variance not mentioned in the report that was given because the entrance of the subdivision is -- is more than a hundred feet too close to the intersection. Okay. Fine. The work on Black Cat and the corresponding intersection is not scheduled within the next five year plan and according Ryan Head, the head planner of ACHD, there will be no plans for the next ten years. So, that subdivision that now has medium density all the way around it, is not going to get improved as it stands. Okay. And this just isn't -- this isn't an issue just with this particular project, but it's an issue when you add all three of them together. The traffic count used for capacity is based on a study done over a year ago and does not account for the subdivision approved by this Council last year for 74 houses, as well as the 41 proposed in this project. This is adding additional housing into the calculations. The intersection would become overcapacity. And I have put that information on the website as well -- or in that -- in the area. During the planning meeting I asked -- I requested a left-hand turn lane due the aforementioned facts. So, why am I concerned about this? I don't live over there. According to the studies done by the Federal Highway Administration, left turn lanes increase approach capability by 25 percent. You're already cutting a hundred feet off of where that ingress-egress is supposed to come from in regard to the intersection. It has me a little bit worried and the Federal Highway Administration has found crashes can be expected to decrease up to 44 percent after installing a left turn lane. Ryan Head is willing to entertain a developer cooperative which will allow the necessary road improvements to be done and paid for out of future assessments that the developers in the area will be paying at the time of development, which means there will be no additional cost to the developer. None. By requiring -- is this thing still working? By requiring a left turn lane the Council will assuredly prevent traffic accidents and probably save lives. So, it's up to you to decide what you want to do. Thank you. Borton: Thank you, Mr. McEwen. Council, any questions? Bernt: Mr. McEwen? Mr. President. Borton: Yes. Bernt: You were -- you were short on time and you were -- you probably expedited your explanation quicker than you would have liked, so just in summary what -- what -- what are you asking of us? McEwen: I would like to see -- I would like to see the developer go to ACHD and talk to them and see if they can't get their funds routed as a left turn -- for a left turn lane in and out of the ingress-egress of that property. So, they have got about 150 feet of turn lane right now, which is a little skimpy. If they were to continue that turn lane on and passed to at least the church parking lot entrance and exit, it would allow people to turn left out of that place and allow the people to turn left and, then, turn into that place without blocking traffic back and forth and they wouldn't be doing a zero to 60 to try and get into the left lane heading north out of that property. It's just a safe, good thing to do and it's going to be awfully hard to a develop and increase the capacity of that intersection right Meridian City Council Meeting Agenda September 10, 2019 – Page 42 of 225 Meridian City Council September 3, 2019 Page 14 of 32 there after the subdivision goes in. It's a safety issue. It doesn't affect me. I never drive over there, but it does concern me quite a bit and it's easily fixable. Borton: Any other follow-up questions? All right. Thank you much. McEwen: Thank you. Borton: Appreciate you being here. Any other sign-ups? Johnson: No additional sign-ups. Borton: Okay. This is a public hearing. Is there anyone here in the audience who wishes to provide testimony and comment on this application? Would the applicant like to come forward and make some final remarks and perhaps answer and address some of the concerns Mr. McEwen had raised and maybe the opportunity with ACHD. Suggs: Yeah. Thank you very much, City Council. Appreciate the opportunity to come up and speak with you again. Jane Suggs, representing the Millbrae Subdivision. The only thing I can provide at this point is that there is a plan for the intersection of Black Cat Road and Cherry Lane. It's listed in the CIP. It will be widened to five lanes on the north leg 2021 to 2025 and that time is -- it's actually pretty high in the CIP. There are about 137 projects listed. This is like number 13. So, it's pretty high on their CIP list of projects. It's not in the five year work plan, which they are currently working on, but it is in the future plan. We are dedicating right of way. So, there will be room for a turn lane if ACHD determines that that is necessary. This is a fairly small subdivision with 41 lots. Of course we would be happy to talk to ACHD. The location of the entrance is actually really the only thing that they would allow us to do. We can't get closer. We can hardly get further away without putting a road right on the property boundary, which is not what people like to see. So, this is an approved access and the only access that's allowable off of Black Cat Road into the subdivision and that's why we have an emergency access on the south side that also serves as a pathway. Eventually with that stub street and with Burlingame and Mr. McEwen, with some plan to develop his property he said in the future, he -- we will have a connection between those two. So, there will be a stub street on both sides of his property that can easily meet up for his development when he -- when that occurs. Again, we have a staff report from ACHD. That little waiver was the only thing that we had to -- and it was a staff level waiver. We didn't have to go to the commission for that, because it was a minor waiver just because of the circumstance of the location of the entrance. I don't really have a whole lot to add, other than, you know, if -- if you require us to go talk to ACHD we will. We will be paying impact fees of course. All of these subdivisions will be paying impact fees to ACHD to -- to actually build those improvements. And I can stand for other questions if you have them. Borton: Thank you, Jane. Cavener: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 43 of 225 Meridian City Council September 3, 2019 Page 15 of 32 Borton: Mr. Cavener. Cavener: Jane, I appreciate your earlier comments, reference to this as -- almost as an in-fill. I kind of see it that way, too. The questions, though, are -- first I guess around why the desire for the step up in density? That's a piece that I'm -- I'm really struggling to wrap my head around as to the why behind that. Help me understand why that's necessary. Suggs: Like I said before, it's a hard corner, it's really not the location for larger lots, because of how busy that intersection really is. We typically in those intersections -- many times we see commercial uses, because of the access. But, again, one access off of one road doesn't lend itself, unfortunately, to commercial opportunities. We see that all over the -- actually, all over the city. I think I told P&Z, too, I'm working on a piece of property right on State Street that only has one access that's far removed from the next location street and it's just impossible to get that marketed to some kind of commercial use. Again I think with Burlingame being approved with an R-8, the same size lots and the L-O around us, this is the perfect opportunity to get some needed housing into Meridian and also a very good mix. We have some smaller lots. You will see in the -- in the plat. We have a few smaller lots in the middle that are internal to the site. The other lots are located around the perimeter of the site, so -- and we did talk to the staff working on the Comprehensive Plan and they did share with us that that was their intention is that whole area would be re -- redesignated in the new Comprehensive Plan as medium density. The alternative which we would prefer you not do is to defer this until that plan is approved, but it would just seem to be kind of a -- not necessary as we move forward in this process to have this step up to medium density. We are just a little bit below the -- I think it's three to eight whenever you're doing medium density. We are at 4.7, so we are kind of at the lower end of that scale and matching most of the area around it. Is there anything I can add that would convince you? Cavener: I appreciate it. Suggs: Yeah. Borton: Any other questions? I have got one for, Jane. Suggs: Okay. Borton: If I heard it right, the -- the approval for the access to Black Cat, that is much closer to the intersection than normal district policy is that right? Suggs: Yes. It's closer than normal district policy, but given the location of the property and the distance we have to actually work with, that was the location that they could approve on a staff level. It wasn't a big change, so it didn't have to go to commission. Otherwise there would be no way to access the property, which is -- basically they can't do. So, they actually have no access on Cherry Lane to the property. No street access. Only one street access to Black Cat. Meridian City Council Meeting Agenda September 10, 2019 – Page 44 of 225 Meridian City Council September 3, 2019 Page 16 of 32 Borton: And is that -- to some degree that's a byproduct of the -- the sequence at which the annexation is requested. If the property to the west, you know, between Burlingame and this one were developed that would change your options I -- Suggs: Well, we have provided that stub street, so we will always have that option. That option will be there. Again, I don't know -- we haven't seen a development plan for Mr. McEwen. At P&Z he mentioned he wanted to put a Montessori school in the back of this property or somewhere on his property. So, I'm not sure if it will be a subdivision with lots and that will be one of the lots or not. It would be a shame to hold off on -- have all the properties developed around it and waiting for one connection. In fact, people will want to get to Black Cat and, of course, if you look across the street we also have to offset a little bit from this, so you look at these maps from Milliron, so you -- again, you don't -- you have got to have the right offset for the streets across the street. Borton: Certainly. So, in addition to the step up concerns that -- that Councilman Cavener raised -- but that's one of them. That seems to be part of the discussion if -- your hands might be tied somewhat with necessitating Black Cat access so close to the inter -- or to the intersection -- Suggs: Well, if it was -- there was a step up -- if you did get the step up you would still have houses there. You would have the same layout. You would still have the same access. Borton: Right. Suggs: Low density doesn't mean you don't need an access off a Black Cat, so, really, the -- yeah. Borton: I wasn't tying them necessarily -- Suggs: Oh. Okay. I thought you were saying that was sort of Borton: Independent concerns. Suggs: Okay. Right. Borton: There was a step up concern, but independent of that there was a concern over the location of this access to Black Cat, which if an exception to district policy were -- if it was granted there still has that safety concern that was raised and it sounds like Mr. McEwen is suggesting to have a requirement of the developer and ACHD to get this done now. You have indicated you will meet with ACHD. I don't -- I don't know what that actually means. Suggs: I don't either, because I don't think the developer can make ACHD go do something on a piece of property for a potential safety -- a potential safety concern based on the location of a street. No matter -- I mean none of the other -- the church has gone Meridian City Council Meeting Agenda September 10, 2019 – Page 45 of 225 Meridian City Council September 3, 2019 Page 17 of 32 in. There is no left turn lane there. The other properties have gone in just north of us has no left turn lanes to get into a property, so -- I mean I -- I can appreciate the concern, but I don't think there is anything I can do to make ACHD go put in a turn lane. There is -- we will -- we have a right of way. If it becomes a safety issue for sure that's when ACHD would analyze that area and could possibly use impact fees from our property and all the other properties that are in that in-fill area to do something. I think that's how the process works. I don't think there is a way for us with 40 lots to go -- or get -- force ACHD to do anything. Borton: All right. Suggs: Unless you know -- Borton: I would follow up -- if you're willing to meet with ACHD -- Suggs: Yeah. We can -- we can meet with them. I just don't know that -- you know, I don't -- I'm not understanding -- I have been doing this for many years. I haven't been able to force ACHD to go put in a turn lane for a potential problem. Borton: So -- and that -- Suggs: Yeah. Borton: -- it prompted a question of if there is no solution at all -- the comment of we meet with ACHD implied as though it could lead to some solution and if there is no solution, then, it doesn't make much sense -- Suggs: Maybe they have one, but -- Borton: So, is it -- is it -- I hate to belabor the point, but is it your perspective that as to that access and safety issue, that there isn't a concern for safety as we might be led to believe or there is a concern, but you don't have the mechanism to try to address it, because properties developed to the north in -- in Milliron and -- and other off-site characteristics. Suggs: Actually, I have to say that at our analysis we don't believe that there is a safety issue. We believe that that's something -- again, other properties around there haven't had an issue with that. I don't think -- I haven't done -- or the staff report from ACHD did not indicate safety issues there. No traffic -- no traffic accident concerns. I think they do some analysis there. So, I don't particularly see it as a safety issue, but if you want me to go talk to ACHD I will. I'm just -- I'm agreeable to those things, just like P&Z asked us to make -- work with Mr. McEwen to change the location of the stub street, which we were very happy to do. Borton: Council, any other questions? Meridian City Council Meeting Agenda September 10, 2019 – Page 46 of 225 Meridian City Council September 3, 2019 Page 18 of 32 Bernt: Mr. President? Borton: Mr. Bernt. Bernt: I think I would be open to the idea of you speaking with ACHD. I think sometimes policy in this -- in this valley to put the cart before the horse when it comes to roads -- I understand Mr. McEwen's concern. It wouldn't hurt to just sit down with ACHD to see if you can work out something with them to make sure just to verify that that intersection using, you know, numbers, you know, that include the -- the Burlingame Subdivision as well make sense and if there is anything we can do to just ensure there is, you know, pedestrians or -- or automobiles are safe. Suggs: Sure. I will be happy to sit with him if you can make that a condition of approval that I meet with them and respond to staff about the results of that meeting with maybe without a huge expectation that something big is going to happen, but I would be happy to do that. I mean I -- again, I'm not closed to that idea at all. If there is a solution that we can accommodate a potential safety issue, then, I will be more than happy to talk to ACHD about it. I mean we did that -- again, like I said, with the staff from -- P&Z asked us to meet -- work with Mr. McEwen and we responded and kept Kevin informed of all of our back and forth on that. As far as Burlingame goes, their access is actually off of Cherry Lane, so will not be impacted by a turn lane necessarily on Black Cat and I don't think that there was -- again, we have right of way available should there be a need for some additional paving. Borton: Council, any other questions? Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we close the public hearing on Item 8-B. Milam: Second. Borton: It's been moved and seconded to close the public hearing on Item 8-B. Any discussion? All those in favor say aye. MOTION CARRIED: ALL AYES. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I appreciate you being nice about it, but we -- I mean we all know if you were to go to ACHD they would be like why are you here? So, I mean we can make ourselves all feel good, have conversations all day long, but at the end of the day we need to conduct Meridian City Council Meeting Agenda September 10, 2019 – Page 47 of 225 Meridian City Council September 3, 2019 Page 19 of 32 some business and get something done. So, with that I move that we approve H-2019- 0066 as proposed and including the -- the modifications to the provisions that are outlined under the outstanding issues for City Council. Milam: Second. Borton: It's been moved and seconded to approve Item 8-B. Any discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I won't be voting in the affirmative for a couple reasons. While I appreciate -- this is a challenging piece of property. I get that. I don't support the step up -- even if the comp plan comes back and this is zoned medium density, that doesn't mean that I suddenly also support an annexation that comes six months later. We have got a lot of people that we are cramming over in that part of town. We have got schools that are full. If you are going to come with a step up in density I expect a developer to come and be creative. I'm going to take a quote from Council Member Milam that talks about minimum and this just looks like a minimum application to us. Barely exceed open space. I don't see a lot of rich character in these homes. I just -- I fail to see the benefit of our community for this application. So, I'm not supportive of it. I don't think it's the right fit in the right piece of property for Meridian. Palmer: Any other Council discussion? Mr. Bernt. Bernt: Thank you, President Borton. I feel the same way in regard to this application as Council Member Cavener does. I -- I have some concerns. I don't know what the level is of that, I believe it's -- I think that having a discussion -- whether or not something comes to fruition with ACHD I have no idea, but along with that -- along with the concerns that the Council Member Cavener mentioned, I will also not be supportive of this -- this application. Borton: Any other discussion, Council? My concerns, for what it's worth, the step up was the same -- same principle, that I wasn't supportive of. We have given direction not to -- not to go that route. We haven't seen the comp plan come before us, what the new proposed one may be and how it might ultimately get adopted and like my questions on the -- the safety really haven't been resolved. The sequence of annexation somewhat dictates what access opportunities we have or don't have. This one is -- it is somewhat in-fill, I agree, but I have that same concern that the way it is being presented isn't the ideal and -- and could be better and if there was opportunities to come up with something with ACHD prior to an approval I would be more supportive of that. So, it just doesn't appear to be the right time for this right now. Palmer: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 48 of 225 Meridian City Council September 3, 2019 Page 20 of 32 Borton: Mr. Palmer. Palmer: We are talking about less than nine acres. This property has been eligible for annexation for years. There is four different developments that have surrounded it that have made it eligible for annexation. I mean for -- for less than nine acres I don't know if -- if we are looking to have the Taj Mahal built on it -- I mean they have had a minor adjustment to a variance made to -- to be able to make it according to the road experts a safe road entrance. If we are to not do the step up we are talking about a few homes removed from this less than nine acre development. So, we can, essentially, condemn the value of the property and force it to wait until the property adjacent to it is annexed as the final surrounding piece or we can approve this extremely common sense thing that we have approved literally completely surrounding it as R-8 developments. I don't understand what -- it's just really hard to -- with so many people coming before us and say, boy, you just did this and, yeah, we did, but we might have had a different councilman here that day. Someone might have been missing. It's just so hard to be consistent when we are just all over the board and we tell people, well, let's wait until the new map comes out. Okay. Well, we know what the new map is proposed to look like by the people who know what they are talking about and now we are saying, well, no, we don't have the map in code yet, so we are going to pretend it still doesn't exist. I -- I just don't know what we do here. Let's just vote and see what we want I guess. Borton: I think one of our discussions -- for what it's worth, I will not debate you. The exercise of discretion is one of the roles that you have here, so that's one of the responsibilities. Any other discussion from Council? Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Mr. President. I kind of have gone back and forth on this one. I am a little concerned, because we had discussed the step up, but we do have the people that understand and know what is coming forth in the plan and so I'm okay with doing the step up even though we had discussed not in the new plan and it will be the higher density. I am a little concerned about the 4.7 dwelling units. It doesn't sound like much when we are currently looking at three, but with the step-up it adds -- does that 69 to that nine acres, but yet we really are looking at -- and what appears to be an in-fill project, especially when everything is built out and we have kind of captured them looking at the 1.9 percent more than the required open space, but yet we didn't include a lot in where the pond for the drainage is and some other things I think that would actually add up to more than that. I think this is one of those projects that there is kind of some -- some give and take that I think we have boxed them in a corner and I think that it does -- in the long run this looks like a good project for that space, so I will be supportive of it through lots of reservations. Borton: Any other questions, comments, Council? The motion is to approve with the conditions of approval presented in the staff report. Mr. Clerk. Meridian City Council Meeting Agenda September 10, 2019 – Page 49 of 225 Meridian City Council September 3, 2019 Page 21 of 32 Bernt, nay. Borton: With a tie vote the motion fails. MOTION FAILED: THREE AYES. THREE NAYS. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: Will the Mayor be back next week? I move that we continue this item until next Tuesday. Bernt: Have to open up the public hearing. Palmer: Do we have to have it open to continue it? Mr. President, I move we open the public hearing on Item 8-B. Borton: Mr. Nary, can you comment to that? If this were to be continued does the public hearing have to open to do so? Nary: Mr. President, Members of the Council, since you will likely have -- you may have additional discussion, I would suggest you do. Not to take public testimony, but to at least have conversations since the Mayor isn't present. Borton: The motion -- the motion to open the public hearing. Is there a second? Cavener: Second. Borton: It's been moved and seconded to open the public hearing on Item 8-B. All those in favor say aye. The public hearing is back open. MOTION CARRIED: ALL AYES. Palmer: Mr. President? Borton: Mr. Palmer. Palmer: I move we continue this item until September 10th for -- for the discussion and -- Borton: One second. So, there is a -- there is a motion, not a second yet, to continue it to the 10th. Is there a second? Milam: Second for comment. Meridian City Council Meeting Agenda September 10, 2019 – Page 50 of 225 Meridian City Council September 3, 2019 Page 22 of 32 Borton: Second. Open for discussion. Milam: Mr. President? Borton: Mrs. Milam. Milam: Well, I feel that maybe we should ask the applicant. If we are going to continue this maybe give her enough time to talk to ACHD, since that has been a concern of many of the councilmen up here. So, if we are going to continue it we may as well continue it to a date that allows her to get something done in the meantime, if that's -- Borton: I think that's sound advice. Milam: Okay. How long would that -- how long would you need? Borton: You could do it on the 24th or the 17th. We have a couple of options to make sure there is ample time. Milam: Right. The 17th is only two weeks away. Borton: The 17th or the 24th. Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I think -- I'm looking at some of forthcoming agendas. The 17th is starting to -- to fill up. Perhaps the 24th may be more appropriate. And, again, we don't know the -- the timing of ACHD and staff and all that. I would rather -- I would rather -- what I would hate is that we come back on the 17th and Ms. Suggs, despite her best efforts, says I can't meet with ACHD until the 18th and now we have painted ourselves into a corner. So, I think the 24th seems more appropriate. Milam: Is that enough time? Borton: So, the public hearing is still open. Milam: And there is a motion on the table. Borton: The motion -- would the maker of the motion wish to amend it to the 24th of September? Palmer: Mr. President, yes. To the 24th. Milam: Does the second -- Meridian City Council Meeting Agenda September 10, 2019 – Page 51 of 225 Meridian City Council September 3, 2019 Page 23 of 32 Palmer: You're the second. Milam: Oh, yes, I was. Borton: Second agrees? Milam: Second agrees. Borton: The revised motion is to continue the public hearing on Item H-2019-0066 to September 24th with some direction for the applicant probably in discussions with Mr. McEwen as well, but to meet with ACHD and try to address some of those safety concerns that were raised in the public hearing. The public hearing remains open. We will continue it again on the 24th. So, any other discussion on -- Cavener: Mr. President, just a question, maybe a clarification for those that are in the audience. To the gentleman that wished to provide some -- some testimony, I just want to make sure that he's able to attend on the 24th or if we want to receive that testimony tonight. Borton: Mr. Nary? Nary: So, Mr. President, you have opened the public hearing, so it's up to you whether you want to have that information tonight in anticipation of the 24th. Borton: You're here. We are here. If it helps a better decision get made, so -- Law: Hello. My name is Bradley Law. Our address is 4888 West Cherry Lane. We are actually the northwest corner, the property that you're discussing. Something that has been brought up worrying about the ACHD trying to do the turn lane and everything else, it really should be in your notes from the previous meeting, but what he's trying to discuss in talking to ACHD is meant for huge projects where a subdivision takes up a mile square and that's what they -- and this was discussed by -- and told to the previous Planning and Zoning by the staff members. So, it's odd that you wouldn't have this information in front of you to look at already. So, we just keep beating the same thing over and over and getting the same result, that they are not going to do anything over a 41 house plot. They don't care. It's not big enough. They are not going to do anything about it. So, this is a complete and total waste of our time. I have a disabled mother. We are trying to move. This is our life we are talking about. So, it -- please keep that in mind when you keep moving everything further down the line. That's another month that we don't know what we are doing. So, just please keep that in mind. Milam: Mr. President? Borton: Okay. Mrs. Milam. Meridian City Council Meeting Agenda September 10, 2019 – Page 52 of 225 Meridian City Council September 3, 2019 Page 24 of 32 Milam: Sir, I would just like to respond to you and just make sure that it's clear what is going on and certainly nobody is trying to waste your time and your family's time and we respect that very much and I agree with you, I don't think anything's going to happen with ACHD. That's not the purpose of this. The purpose of this is we are three and three. We need a tiebreaker. We don't have one. So, we are not in a place tonight where we can make a decision to approve or deny, because we are half and half. If the Mayor were here she could break the tie. On the 24th there may be one less council person, so we might have an odd number where we don't need a tie and the only reason I brought the ACHD back into it is because that might appease some of the -- some of the councilmen who said no. If something could get done, then, it might change somebody else's vote, as opposed to just putting it out for a week just to have a tiebreaker, hoping that maybe something else could get done in the meantime as well. Law: Yeah. I mean it's just my opinion. I just see it has a huge waste of time and resources. Borton: Thank you. Milam: Thank you, sir. Borton: Any discussion from Council? Mr. Clerk. This is on moving it to the 24th. yea. MOTION CARRIED: ALL AYES. Borton: Thank you, everyone. Thank you, Jane, for your patience. That is the last action item. Cavener: Mr. President? C. [Amended on to Agenda] Approval of Benefits Trust Agreement Borton: Oh, no. 8-C. Do you have that? Cavener: So, Mr. President, that is the Health Trust Agreement drafted by the Legal Department with help from HR. We discussed that in our work session earlier today that that agreement would need to be approved if that's the direction the Council wants to take to move forward. Borton: Thank you, Mr. Cavener. This is now an action item. We discussed it at the workshop. Is there a motion on the approval of the trust agreement? Palmer: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 53 of 225 Meridian City Council September 3, 2019 Page 25 of 32 Borton: Mr. Palmer. Palmer: My reservations initially about the speed at which we were doing this was really slowing me down, but I have come to terms with it, because I have a lot of trust in those who are implementing it and so I'm -- I'm -- I'm good to go with it. I -- I -- I agree, I like the idea of -- of having a councilman on there, but there is lots of boards that I like the idea of having a councilman on. Sometimes I wish we didn't have any councilman on this board, but here we are and that's what it is and I think that this is the best way to move forward. So, with that I move that we approve the agreement as we got it. Little Roberts: Second. Borton: It's been moved and seconded to approve the trust agreement as amended on today's agenda. Any discussion? Milam: Mr. President? I do -- I like where this is going and all the hard work that's gone into it. I still am -- I do have a little bit of reservation. I would like to see a council person on it, though I don't think it should be required, so I am going to support this and I'm not going to be around for very much longer and I really hope that the committee will truly look at that possibility of having a council person on here and -- and not just ignore that once this is approved. If there is a council person who wants to serve I think that they should be able to. Borton: Any other discussion? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I know we want to get out of here. Again thanks to the staff, but I want a response to Council Member Milam's comment. If -- if that is how Council feels they want somebody on, this agreement will prevent that from happening. So, if that is your intent to have a council member on it, you should not support this agreement and we should have it redrafted so that that intention of Council could be fulfilled if that's our desire at a future date. Little Roberts: Mr. President? Borton: Mrs. Little Roberts. Little Roberts: Could I ask for a point of clarification? Mr. Nary, do we actually appoint the person or do we approve them to be an applicant to the Department of Insurance? Nary: Mr. President, Members of the Council, sort of both. I mean you originally did agree those would be the trustees to start. What I would suggest -- so, if there is an issue -- I don't anticipate, at least in the immediacy, that the current trustees -- and I'm not speaking Meridian City Council Meeting Agenda September 10, 2019 – Page 54 of 225 Meridian City Council September 3, 2019 Page 26 of 32 for Christena, she can speak for herself, but we heard that message. We get it. We don't have a clarity with the Department of Insurance, if we get clarity from the Department of Insurance and there is a desire for a council member to serve and, again, my recommendation would be not require a council member, but allow one if that's the desire of the Council to do that, to be a part of it. We can, then, look at amending the agreement to make that happen. So, rather than not approving it, because the agreement doesn't allow it, if we get to the point that it's clear that's a possibility and a desire and it's not an issue and there is no conflict, we can create the mechanism to do that. So, you are approving those trustees to be the trustees. If there is an impasse that a future trustee group doesn't wish to listen to the council you still fund the trust, you still oversee the trust and you can still terminate the trustees. So, I mean you have the authority over the group. Right now it was in fashion to have an elected official, because -- or at least an elected council member because you also have that authority and so there would be a conflict. So, you can always refashion the agreement. That can be done if needed. We don't have that specific answer from the Department of Insurance today. Borton: Thank you, Mr. Nary. Christena, welcome. Barney: Thank you. Mr. President, Members of Council, so I would just like to thank you for your support so far on this, but I would also like to remind you that the Department of Insurance has asked us not to write that language in our contract or our agreement, so I'm fearful that if we do put language of that nature in it it will be denied. That will have a huge impact in the premiums that the employees will be paying next year as they will see a decrease in premiums with us moving to the self-funded mechanism. So, I just wanted to throw that out to you. It is never our intention and we absolutely will continue the conversations with the Department of Insurance to see if it is possible to have a council member on. If that is the case, absolutely, we would bring it back for amendment, so that we did not, in fact, have a conflict in our agreement to that nature. Borton: Thank you. Barney: Uh-huh. Borton: Council, any other questions on the -- or discussion, I guess, for the pending motion to approve? Seeing none, Mr. Clerk. Roll call: Borton, yea. MOTION CARRIED: FIVE AYES. ONE NAY. Barney: Thank you. Item 9: Ordinances A. Ordinance No. 19-1847: An Ordinance Of The City Of Meridian, Meridian City Council Meeting Agenda September 10, 2019 – Page 55 of 225 Meridian City Council September 3, 2019 Page 27 of 32 Idaho Amending Ordinance No. 18-1790, The Appropriation Ordinance For The Fiscal Year Beginning October 1, 2018 And Ending September 30, 2019 (FY2019), Appropriating Monies That Are To Be Allocated By The City Of Meridian, Idaho In The Sum Of $( ing An Effective Date. Borton: Thanks, Christena. Thank you, Mr. Nary. That is the last action item on the amended agenda. Item 9-A is Ordinance No. 19-1847. Mr. Clerk. Johnson: Thank you, Mr. President. An ordinance of the City of Meridian, Idaho, amending Ordinance No. 18-1790, the appropriation ordinance for the fiscal year beginning October 1st, 2018, and ending September 30th, 2019. Fiscal year 2019, appropriating monies that are to be allocated by the City of Meridian, Idaho, in the sum of $( Borton: Thank you, Mr. Clerk. You have heard this ordinance read by title only. Does anyone wish to hear it in its entirety? Ralph? Seeing none, Mr. Clerk. Johnson: Thank you, Mr. President. Council Member Milam -- Borton: Oh, I guess we have to have a motion first. Johnson: Oh, that would work. Borton: Okay. Council, how about a motion? Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1847. Bernt: Second. Borton: It's been moved and seconded to approve Ordinance 19-1847 with suspension rules. Milam: It doesn't say that in there. Borton: Oh. Milam: Do we need suspension of rules on this one? That's usually what it says. Borton: If there are suspend them. Cavener: We have a motion and a second. We are okay. Meridian City Council Meeting Agenda September 10, 2019 – Page 56 of 225 Meridian City Council September 3, 2019 Page 28 of 32 Borton: Motion and a second. Mr. Clerk. yea. MOTION CARRIED: ALL AYES. B. Ordinance No. 19-1849: An Ordinance, Pursuant To Idaho Code 50-1002 And §50-1003, Providing For A Title And Findings, Providing For The Adoption Of A Budget And The Appropriation Of $120,525,396 To Defray The Necessary Expenses And Liabilities Of The City Of Meridian, In Accordance With The Object And Purposes And In The Certain Amounts Herein Specified For The Fiscal Year Beginning October 1, 2019 And Ending On Taxes And And To Waiving Of The 2nd And 3rd Readings Pursuant To Idaho Code §50- Providing For An Effective Date And The Filing Of A Certified Copy Of This Ordinance With The Secretary Of State. Borton: Item 9-B, Ordinance No. 19-1849. Mr. Clerk. Johnson: An ordinance pursuant to Idaho Code Section 50-1002 and Section 50-1003, providing for a title and findings, providing for the adoption of a budget and the appropriation of $120,525,396 to defray the necessary expenses and liabilities of the City of Meridian, in accordance with the object and purposes and in the certain amounts herein specified for the fiscal year beginning October 1st, 2019, and ending on September 30th, vide for the waiving of the 2nd and 3rd readings pursuant to Idaho Code Section 50- and the filing of a certified copy of this ordinance with the Secretary of State. Borton: You have heard this ordinance read by title only. Does anyone wish to hear it in its entirety? Milam: Mr. President? Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-18-49 with suspension of rules. Little Roberts: Second. Meridian City Council Meeting Agenda September 10, 2019 – Page 57 of 225 Meridian City Council September 3, 2019 Page 29 of 32 Borton: It's been moved and seconded to approve Item 9-B. Any discussion? Seeing none, Mr. Clerk. yea. MOTION CARRIED: FIVE AYES. ONE NAY. C. Ordinance No. 19-1846A: An Ordinance (H-2018-0130 Razzberry Villas) For Rezone 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, Classification From R-8 Medium Density Residential) And L -O (Limited Office) Zoning Districts To R-15 (Medium High Density Residential) Zoning District 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 Providing For A Summary Of The O And Providing An Effective Date. Borton: Item 9-C is Ordinance No. 19-1846A. Johnson: An ordinance (H-2018-0130 Razzberry Villas) for rezone 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 Plats 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, classification from R-8 (Medium Density Residential) and L-O (Limited Office) zoning district to R-15 (Medium High Density Residential) zoning district in the Meridian City providing and providing an effective date. Borton: We have all heard Item 9-C read by title only. Anyone wish to hear it read in its entirety? Seeing none. Milam: Mr. President? Meridian City Council Meeting Agenda September 10, 2019 – Page 58 of 225 Meridian City Council September 3, 2019 Page 30 of 32 Borton: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1846A with suspension of rules. Little Roberts: Second. Borton: It's been moved to approve Item 9-C. Any discussion? All those in -- oh, Mr. Clerk. Excuse me. yea. MOTION CARRIED: ALL AYES. D. Ordinance No. 19-1848: An Ordinance (H-2018-0109 – Elevate Franklin Storage) For The Re-Zone Of A Parcel Of Land Known As Lot 1, Block 1 Of Umbria Subdivision As filed In Book 101 Of Plats At Pages 13,200 Through 13,204, Records Of Ada County, Idaho And A Portion Of The SW ¼ Of The SE ¼ Of Section 10, Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada Land Use Zoning Classification Of 3.50 Acres From L -O (Limited Office) Zoning District To R-15 (Medium High Density Residential) Zoning District In The Meri 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 Providing For A Summary Of The ing For And Providing An Effective Date. Borton: Thank you. Item 9-D is Ordinance 19-1848. Mr. Clerk. Johnson: An Ordinance (H-2018-0109 – Elevate Franklin Storage) for the re-zone of a parcel of land known as Lot 1, Block 1 of Umbria Subdivision as filed in Book 101 of Plats at pages 13,200 through 13,204, records of Ada county, Idaho and a portion of the SW ¼ of the SE ¼ of Section 10, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada coun classification of 3.50 acres from L-O (Limited Office) zoning district to R-15 (Medium High ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Borton: You have heard this ordinance read by title only. Anyone want to hear this one in its entirety? Meridian City Council Meeting Agenda September 10, 2019 – Page 59 of 225 Meridian City Council September 3, 2019 Page 31 of 32 Milam: Mr. President? Borton: Seeing none, Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1848 with suspension of rules. Little Roberts: Second. Borton: Moved and seconded to approve Ordinance 19-1848. Any discussion? Seeing none, Mr. Clerk. yea. MOTION CARRIED: ALL AYES. E. Ordinance No. 19-1850: An Ordinance Amending Meridian City Code As Codified At Title 11, To Modify the Variance Findings to be Consistent with Idaho Code § 67- Waiver . Borton: Last, but not least, 9-E, Ordinance 19-1850. Mr. Clerk, if you would read this by title. Johnson: Thank you, Mr. President. An ordinance amending Meridian City Code as codified at Title 11, to modify the variance findings to be consistent with Idaho Code Section 67- effective date. Borton: You have heard this ordinance read by title only. Anyone want to hear this one in its entirety? Nobody. Milam: Mr. President? Borton: Mrs. Milam. Milam: Move that we approve Ordinance No. 19-1850 with suspension of rules. Little Roberts: Second. Borton: Moved and seconded to approve 19-1850. Any discussion? Seeing none, Mr. Clerk. Roll ca yea. Meridian City Council Meeting Agenda September 10, 2019 – Page 60 of 225 Meridian City Council September 3, 2019 Page 32 of 32 MOTION CARRIED: ALLAYES. Item 10: Future Meeting Topics Borton: Thank you. Item No. 10, Future Meeting Topics. Council, anything on the radar? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: Nothing for the radar, but you touched on it earlier. I just want to say, Ralph, it's nice to have you back. Borton: Amen. Cavener: We have missed you. Welcome. Borton: And, Kenny, good to see you. Any other -- any other future meeting topics? Two Council Members standing, it looks like there is no more. Is there a motion to adjourn? Cavener: Mr. President? Borton: Mr. Cavener. Cavener: I move we adjourn our meeting. Milam: Second. Borton: Moved and seconded to adjourn. All those in favor say aye. Good work. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:23 P.M. (AUDIO RECOR ING ON FILE OF THESE PROCEEDINGS) 10 /� q annm�. �e. EP. 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