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HomeMy WebLinkAbout2022-05-24 Regular Minutes Item#4. Meridian City Council May 24, 2022. A Meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, May 24, 2022, by Mayor Robert Simison. Members Present: Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Members Absent: Joe Borton. Also present: Chris Johnson, Bill Nary, Joe Dodson, Scott Colaianni, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener _X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is May 24th, 2022. It's 6:05 p.m. We will begin this evening's regular City Council agenda with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item is the Pledge of Allegiance. If you would all, please, rise and join us in the pledge. (Pledge of Allegiance recited.) COMMUNITY INVOCATION Simison: Next up will be our community invocation, which will be delivered by Pastor Troy Drake. If you would all, please, join us in the invocation or take this as a moment of silence and reflection. Pastor. Drake: Mr. Mayor, Council Members. Will you pray with me? Lord God, we just thank you for this glorious day here in southern Idaho. It's so beautiful. We appreciate that. Your creation is so awesome and reminds us of how good you are, Lord, and -- and we do thank you for your goodness here in the United States and, of course, here where we live in Idaho and in this great City of Meridian. Thank you for the freedom that we have here and -- and -- and, of course, everything that happens in this building. We appreciate, Lord, all the --the city workers and planners, all those who make decisions and contribute to the goodness that we have here and --and, of course, we are asking for a -- a protection for those who protect us, the first responders, Lord, and -- and, of course, for all the Page 84 Meridian City Council Item#4. May 24,2022 Page 2 of 16 citizens. We appreciate what we have here. We just pray for peace in our city, that all of us could get along even if we disagree strongly on things, that you would help us to love one another and -- and, finally, God, last, but not least, I just like to pray for this meeting and these fine people who you have -- you know, that we have -- that represent us and our government and -- and so we just pray for them and ask that you give them a lot of wisdom and grace as they make decisions and we pray all these things in your name, Lord. Amen. Thank you. ADOPTION OF AGENDA Simison: Thank you. Next item is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Bernt: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. PUBLIC FORUM — Future Meeting Topics Simison: Mr. Clerk, do we have anyone signed up under public forum? Johnson: Mr. Mayor, we did not. DEPARTMENT / COMMISSION REPORTS [Action Item] 1. Public Works: Fiscal Year 2022 Budget Amendment in The Amount of $829,410.00 to Fund Water Main Extension Projects Simison: Okay. Then with that we will move on to Item 1 under Department/ Commissioner Reports, which is Public Works fiscal year '22 -- 2022 budget amendment in the amount of 829,410 dollars and turn this over to Mr. Radek. Radek: Mr. Mayor, Council Members, this item is a budget amendment in the amount of 393,317 dollars for Well 26 filter equipment -- Simison: First one on the agenda is the 829. Page 85 Meridian City Council Item#4. May 24,2022 Page 3 of 16 Radek: Sorry. This is not for the filter equipment. Thank you. Mr. Mayor, Council Members, this budget amendment is for 829,410 dollars for water main extensions. I wanted to start on the other one, because it was simpler. This one has --this one has got two parts to it. One is the project itself, a bit higher than our engineer's estimate. That's a pretty standard common story these days. But the second part of this one is that it -- it was not in our budget request last year, because we didn't find out the need for this project until right about July, August last year when the Transportation Department told us that they were going full bore on State Highway 16. So, we were unable to put that in. Without this project our budget requests are working out pretty good with 13 other active projects and committing all but 128,000 of -- of a million plus dollars. So, we were doing pretty good there. But -- but this one -- this one was extra and so we knew we were going to have to get a budget amendment for it regardless. This is a project to -- to put casings on the water mains that are going -- that are crossing the future State Highway 16. Very prudent to do that, so that there is no chance of water mains breaking and undermining the roadway in the future. So, that's the reason for the project and the reason for the amendment. So, with that I will stand for questions. We are asking to approve a budget amendment to fund water main extensions projects in the amount of 829,410 dollars and to authorize the Mayor to sign the amendment. Simison: Thank you, Kyle. Council, questions? Or a motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Public Works request for fiscal year 2022 budget amendment in the amount of 829,410 dollars to fund the water main extension projects. Strader: Second. Simison: I have a motion and a second to approve Item 1 in the amount of 821,410 dollars. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 2. Public Works: Fiscal Year 2022 Budget Amendment in the Amount Of $393,317.00 for Well 26 Filter Equipment Contract Award Simison: Next item on the agenda is Item 2, which is Public Works fiscal year 2022 budget amendment in the amount of 393,317 dollars. Mr. Radek. Page 86 Meridian City Council Item#4. May 24,2022 Page 4 of 16 Radek: Mr. Mayor, Council Members, as the Mayor said, budget amendment for FY-22. This is for Well 26 filter equipment contract. Like the other projects that we have been in front of you this year to ask for additional funds on, the --the filter equipment bid out quite a bit higher than we had anticipated. We -- we think that the -- the budget amount asked for was -- was pretty good. The last -- the last filter we did, which was very similar to this filter, the equipment cost right around 600,000 dollars and the costs have been pretty level for the filter equipment for the last few years compared to other costs and it was just about time for them to get hit and I think it happened even faster than the supplier was realizing it would, because they are actually asking for extra money on the current filter equipment procurement contracts, that they won't be able to get, so -- so it's stuck on them -- up on them as well. So, with that I would stand for any questions and, again, we are asking for approval for the Well 26 filter equipment budget amendment for 393,317 dollars and to authorize the Mayor to sign. Simison: Thank you. Council, any questions for staff? If not, a motion. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Public Works request for fiscal year 2022 budget amendment in the amount of 393,373 dollars for Well 26 filter equipment contract award. Johnson: Mr. Mayor, I apologize. Jessica, can you -- Council Woman Perreault, can you restate the number? I think you read something different than the amount. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: The amount in the motion is 393,317 dollars. Strader: Second. Simison: I have a motion and a second to approve Item 2, budget amendment in the amount of 393,317 dollars. Is there any discussion? If not, clerk will Call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Radek: Thank you. Page 87 Meridian City Council Item#4. May 24,2022 Page 5 of — ACTION ITEMS 3. Request for Reconsideration of Findings of Fact, Conclusions of Law for Denial of Jamestown Ranch Subdivision (H-2021-0074) by Walsh Group, LLC, Located Near the Southeast Corner of the N. Black Cat and W. McMillan Rd. Intersection at 4023 W. McMillan Rd. and parcels S0434223150, S0434212970, S0434212965, and S0434212920. Simison: Thank you, Mr. Radek. So, Council, next item on the agenda is Item 3, which is a request for reconsideration of the Findings of Fact, Conclusions of Law for Jamestown Ranch Subdivision, H-2021-0074. Mr. Nary, will you be speaking on this item? Nary: Just very briefly, Mr. Mayor. Mr. Mayor, Members of the Council, so what's before you is a request for reconsideration of Jamestown Ranch. There is a prior decision of a denial by the City Council for an annexation and a preliminary plat. There was a request filed by the applicant's counsel. That is properly filed. It did properly meet the ordinance requirements for a request. So, it is properly before you. But as with all of these it's not a hearing, it's not an opportunity for testimony, it's simply review of the record and review of the decision and the findings that were made and so, then, the next step is for the Council to make a decision on whether to either grant the request for reconsideration and hold a new hearing at a future date or whether to deny the request for reconsideration and allow the item to move forward to whatever the next step would be. But it's really those two decision points. Or -- or I guess the third would be to amend the decision in some fashion as well. But this was asking for a remand essentially back for a new hearing. Simison: Thank you. Council -- Council, any questions for Mr. Nary? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mr. Mayor, after reviewing the request for reconsideration from the applicant for Jamestown Ranch, I have reviewed the decision, the findings, and the minutes of the original denial and I did not find any error that would cause me to -- to reconsider and remand this decision. Therefore, I move to deny the request for reconsideration. Bernt: Second. Simison: I have a motion and a second to deny the request for reconsideration. Is there discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Page 88 Meridian City Council Item#4. May 24,2022 Page 6 of 16 Cavener: Mr. Mayor, just I think for the record -- I'm sure Council is aware, I -- I was absent at that particular meeting, but I did have the opportunity to review the minutes and the decision and I agree with Council Member Hoaglun's motion tonight, as well as the night in question. Simison: Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I echo Councilman Cavener's comments. I'm in the same situation and have also reviewed and also believe that the Council's decision was sound. Simison: Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I agree with my fellow Council Members in -- in addition to listed in the findings we had discussion about the way that roads were lining up on the McMillan side and that was a significant concern for us and I -- I didn't see anything in the project folder that showed that there were changes that lined up with what we had stated in our comments. So, I agree with the motion. Simison: Well, I have a motion and a second. If there is no further discussion, ask the Clerk to call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes and the motion to request for consideration is not approved. It was approved by ayes that we are not going to request -- approve the reconsideration. MOTION CARRIED: FIVE AYES. ONE ABSENT. 4. Public Hearing for Timberline North (Timberline Sub. No. 2) (H-2022- 0024) by Riley Planning Services, LLC, Located at 655 and 735 W. Victory Rd. A. Request: Combined Preliminary and Final Plat for 33 single-family residential building lots and 4 common lots on 9.8 acres of land in the R-8 zoning district for the purpose of subdividing phase 2 of the Timberline Subdivision (H-2017-0140, DA# 114007668) that has Page 89 Meridian City Council Item#4. May 24,2022 Page 7 of 16 since expired. Simison: Next item on the agenda is Item 4, a public hearing for Timberline North Sub #2, H-2022-0024. I will open this public hearing with staff comments. Dodson: Thank you, Mr. Mayor, Members of the Council. The application before you tonight is for a combined preliminary and final plat for Timberline North. The site consists of 9.8 acres of land. It's already zoned R-8. Located at -- there is two existing parcels. 655 and 735 West Victory. It's basically at the south terminus of Stoddard Road, about a half mile west of Meridian Road on Victory. It was annexed in 2013, but platted in 2017 under the Timberline Subdivision. The approved preliminary plat was completed in two phases. Phase One consists of 24 single family residential building lots and has recorded and is fully constructed with homes, open space, et cetera. Phase two received final part approval for 33 single family residential lots and four common lots in March of 2020 and was set to expire May 1st of 2021. Due to unfortunate timing and circumstances Timberline #2 did not receive city -- the city engineer's signature by the deadline and so -- and no time extension was submitted in accord with UDC standards. Therefore, phase two final plat expired, which subsequently made the original preliminary plat expire. The applicant is required to replat the phase two area in order to record phase two of this final plat. Currently phase two development is constructed per the previous approvals, including the open space, fencing, utility, sidewalks and the roads. Everything is in. Because all the subdivision improvements are constructed, the applicant has submitted the previously approved final plat documents from the previous application and an alternative compliance application to allow the existing open space approved with the original submittal to remain as it is without requiring the plat to comply with the current open space and amenity standards that were changed in October of last year. Due to the unique circumstances behind the expiration of the plat and the fact that the improvements are already complete and in place, staff believes that additional open space and amenities are not needed and has subsequently, through the director and staff, has approved the alternative compliance request. At the Commission hearing on May 5th there was minimal discussion of the Commission, but it was basically regarding this alternative compliance request and the open space. There was only one piece of written testimony. There was none additional. They had issues with rezoning the property from R-4 to R-8, which is not part of the application, so it's been R-8 since 2017. Other than that there were no other changes by the Commission and there are no outstanding issues for City Council and no additional written testimony since then. So, I will stand for any questions. Simison: Thank you, Joe. Council, any questions for staff? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Joe. Just to make sure I'm understanding correctly, the -- the preliminary and final plats haven't changed that -- we are -- we are just discussing because of the expiration and so that's -- there is -- there is not a different plat that we Page 90 Meridian City Council Item#4. May 24,2022 Page 8 of 16 need to, you know, have discussion about. That was my understanding, but I just wanted to double check. Dodson: Mr. Mayor, Council Woman Perreault, the -- yes and no. This application largely is ministerial in the sense of we are regurgitating exactly what was approved already. However, because the -- the final plat expired, it expired that previous preliminary plat. So, this is technically a new preliminary plat, but it is a copy of the previously approved plat. Perreault: Mr. Mayor, follow up. Simison: Council Woman Perreault. Perreault: So, there is the comment about the -- you know, the infrastructure is already in and so is it safe to assume that the -- that the plat and the infrastructure match, there is not infrastructure that's been -- that's been built and implemented that is opposite or different than the -- the plat that was proposed? Dodson: Council Woman Perreault, that is correct. After I had done inspection a few months ago, everything's in and ready. It just -- we missed the deadline. It's unfortunate, but, yeah, everything's in and good to go. Perreault: Thank you. Dodson: You are welcome. Simison: Council, any additional questions for staff? Okay. Would the applicant like to come forward? You can state your name and address for the record. Constantikes: Yes, sir. Thank you, Mayor. For the record Penelope Constantikes with Riley Planning Services. Post Office Box 405, Boise, Idaho. 83701. And I -- I don't want to take up time unnecessarily, so I have a real quick -- just to recap for you. Like Joe said, it's very unusual circumstances and Joe did a great job of presenting the -- the redo in a way that was very comprehensive. So, the pre-existing development agreement, just for your recollection, in 2013 required that any lots adjacent to Kentucky Ridge be 10,000 square feet or greater and that means that the plats before you this evening are identical to the ones that were previously approved. Just for the amenities, we were heavily loaded on amenities with this project. We have quite a few more than we needed and -- and I would be happy to list those if you want to hear about them. Other than that I will just leave it alone. As Joe said, the subdivision is fully constructed. The sewer and water lines are in. They have been inspected and accepted by the city. Record drawings have been submitted. ACHD's accepted the roads. The ped ramps are in. Everything is done except the houses. So, with that, if there is any questions I would be happy to visit with you. Simison: Thank you. Council, any questions for the applicant? All right. Page 91 Meridian City Council Item#4. May 24,2022 Page 9 of 16 Constantikes: Thank you. Simison: Thank you. This is a public hearing. Mr. Clerk, do we have anyone signed up to provide testimony? Johnson: Mr. Mayor, we had one sign in, but they didn't mark they wanted to testify. Simison: You want to read their name in case -- see if they would like to? Johnson: Absolutely. Sandy Smith. Simison: If you would like to provide testimony -- if you would like to come forward at this time. We see no. If there is anybody in the audience that would like to provide testimony -- and I will say online as well, but the two online I don't think would normally provide testimony. So, now would be the time to come forward or use the raise your hand feature. Seeing no one wish to testify, does the applicant waive any final comments? The applicant waives final comments. So, Council, to you for disposition. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we close the public hearing for File No. H-2022-0024. Strader: Second. Simison: I have a motion and a second to close the public hearing for H-2022-0024. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Council Woman Perreault. Perreault: I think this is pretty straightforward, so I will go ahead and make a motion. After considering all staff, applicant, and public testimony, I move to approve File No. H- 2022-0024 as presented in the staff report for the hearing date of May 24th, 2022. Strader: Second. Simison: I have a motion and a second to approve H-2022-0024. Is there any discussion on the motion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Page 92 Meridian City Council Item#4. May 24,2022 Page 10 of 16 Simison: All ayes. Motion carries and the item is agreed to. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. 5. Public Hearing for Records Apartments Council Review (CR-2022- 0004) by Brighton Development, Inc., Located at the northeast corner of N. Records Way and E. Fairview Ave. A. Request: City Council Review of the Planning and Zoning Commission's decision on H-2022-0008 pertaining to the UDC requirement for access to be taken from a local street when available, unless otherwise waived by City Council, to allow an access via N. Records Way Simison: Next item up is Item 5, a public hearing for Records Apartments Council Review, CR-2022-0004. Open this public hearing with staff comments. Johnson: Mr. Mayor, there are no staff comments, unless Mr. Nary had something. Simison: Okay. Nary: Mr. Mayor -- turn my camera on. Mr. Mayor, Members of the Council, again, the only comment I would have is -- is what's in front of you simply is a request that's required by code in regards to the access onto arterial -- or a collector road and the -- this is not the underlying project, this is just this one provision that's required by Council. So, just to narrow the focus of where we are at. Simison: Council, any questions for Mr. Nary? Okay. Would the applicant to come forward? Wardle: Mr. Mayor, Members of the Council, thank you for just a brief moment to kind of refresh -- I believe you have all of the information in front of you, but, in reality, we are simply coming, as Mr. Nary noted, to accomplish a thing that's required by the UDC. The Planning and Zoning Commission did approve the project in April and the one provision, because of Records being a collector roadway, it does necessitate Council approval to waive a requirement that all access be provided from a local street. So, specifically the -- the point is the right-in, right-out access off Records, which is provided via a right turn lane element coming into the site. In reality the access -- primary access for residents when they are in this facility will be from a local street Elden Gray via a service drive on the east side of the site that serves both that and CarMax and you can see from the graphic that if somebody comes in from the west, which we deemed the front door and that front door really provides access to the management, marketing, and recreation complex between the two structures, but circulation, then, for the folks coming to and from is primarily from the east side of the facility up to Elden Gray. Now, they certainly can circulate to Records and use the right-in, right-out access provided there. The Fire Department staff report of February 8th stated this project meets all access, road widths, Page 93 Meridian City Council Item#4. May 24,2022 Page 11 of 16 and turnabouts as presented. Any changes to the concept provided and approved by the Planning and Zoning Commission would require additional Fire Department review and approval. Also the interesting thing from a technical perspective is the requirement for a fire apparatus access and the code states that the access roads will be placed a distance apart equal to not less than one half of the length of the overall diagonal dimension of the property or area to be served. I'm not smart enough to figure all of that out, so we talked with Mr. Bongiorno, as well as Mr. Walsh, just to be certain that we understood exactly how that works and Mr. Bongiorno is here and he can -- he can correct me if we have interpreted that incorrectly, but it appears that from a functional perspective access really cannot be provided -- well, certainly not from Fairview Avenue. There is not going to be any access provided there. And, then, the access to Elden Gray in addition to those from that service drive on the east side would coincide -- really with the access into the park and just coming out of the gore of the roundabout. So, in reality, the access from Records is important. I believe it meets the Fire Department's requirements and it does, in fact, provide the access to comply with the Fire Department's access standards and on that basis we respectfully request that the Council approve that access and waive the requirements of UDC 11 .3A.3A.1 as noted. Be happy to answer any questions. Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Nice to see you, Mr. Wardle. The right turn lane headed north, how long will that be and how many vehicles will it accommodate? Wardle: I don't know exactly. Obviously, it's not intended for traffic to stack up there, but it -- it pulls out -- and maybe my technical assistance would have the ability to determine. But -- good question. Jonathan, do you know? J.Wardle: Mr. Mayor, for the record my name is Jon Wardle. 2929 West Navigator Drive, Meridian, Idaho. 83642. Mr. Mayor, Council Member Perreault, the access there -- we worked with ACHD to come up with the design, so it --- it would operate properly. The total stacking is -- I think clear is 80 feet. I think the whole corridor is about 120 feet. So, the important part of that was it allowed cars that we are going to go into the project to get out of that straight northbound lane. So, we worked with them on that and came up with a design that would work. Perreault: Mr., Mayor follow up. Simison: Council Woman Perreault. Perreault: Does that match -- I know it's ACHD requirements, but does that match the anticipated amount of vehicles coming in at any given time into the project from -- from your analysis? Page 94 Meridian City Council Item#4. May 24,2022 Page -VI 16 J.Wardle: Mr. Mayor, Council Member Perreault, I will say that we did talk with ACHD about this issue a lot and wanted to ensure that we had the right design to get the cars in and out. So, I can't tell you specifically the peak hour traffic that would come, but, yes, they felt that this would work and create -- or would eliminate the backup that would go out to Fairview. Perreault: Thank you. Wardle: Jonathan, go back one slide. I would just note, though, that, again, the circulation -- they can get from that front access from Records to the back, but if you were coming home or leaving the project it would be from the east side, because that's the only place that the units can be -- well -- they -- yeah. The -- the garage underneath the structures actually have access from the back. Only from the back. So, they really cannot get into their parking spaces unless they are at the east side. I apologize if that wasn't clear. This -- does the next slide show that, Jonathan? Yes. You can see the little arrows at the back in the structures themselves, that is the access to and from the podium parking. And I apologize, Mr. Mayor, it just dawned on me that this must be my first time in front of the Council forever, because I did not identify myself. Mike Wardle. Brighton Corporation. 2929 West Navigator, Meridian. 83642. Simison: Thank you. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: If you didn't have a voice like Walter Cronkite you probably -- we probably -- we probably would have needed it, but I think we are good. Wardle: Thank you. Simison: Council, any additional questions for the applicant? Wardle: Thank you. Simison: Thank you very much. Mr. Clerk, do we have anyone signed up to provide testimony on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. If there is anybody present who would like to provide testimony on this item now would be your opportunity to come forward or if you are online and would like to provide testimony you can use the raise your hand feature. Seeing no one, would the applicant like to waive any final comments? Okay. Hoaglun: Mr. Mayor? Page 95 Meridian City Council Item#4. May 24,2022 Page 13 of 16 Simison: Councilman Hoaglun. Hoaglun: Just wouldn't mind hearing from Chief Bongiorno. I think it looks like it was a lot of -- a very technical slide and I think I understood it about as well as Mr. Wardle and it looks like that access point isn't necessary. Bongiorno: No. Mr. Mayor, Councilman Hoaglun, the -- the access is required. For the amount of units that they have that they are building they have to have two separate access points and they have to be that half the diagonal apart. So, the -- the one on Records and the other one on Elden Gray are -- are far enough a point that -- far enough apart that they meet the -- the code. So, it's definitely a need. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just a reminder that I should have paid closer attention in high school geometry class, but I understand -- thank you, chief. Simison: Council, any further dialogue or motions to close the public hearing? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we close the public hearing. Hoaglun: Second the motion. Simison: I have a motion and a second to close the public hearing. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: FIVE AYES. ONE ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: After considering all staff, applicant, and public testimony, I move that we waive the requirement to remove the access driveway via North Records Way as referenced in the Findings of Fact and Conclusions of Law No. 84K1X, I believe. I will have to take a look at that. In file number CR-2022-0004. Hoaglun: Second the motion. Page 96 Meridian City Council Item#4. May 24,2022 Page 14 of 16 Simison: I have a motion and a second. Is there any discussion? Okay. Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much and have a good evening. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 6. Ordinance No. 22-1979: An Ordinance (H-2021-0081 Vanguard Village Subdivision) for Rezone of a Parcel of Land Situated in a Portion of the Southeast 1/4 of the Northwest '/4, Northeast '/a of the Southwest'/4 and the Northwest '/4 of the Southeast '/4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho; Establishing and Determining the Land Use Zoning Classification of 7.06 Acres From the C-C (Community Business) Zoning District to the H-E (High-Density Employment) Zoning District; 17.38 Acres From the C-C (Community Business) and H-E (High- Density Employment) Zoning Districts to the M-E (Mixed Employment) Zoning District; 40.33 Acres From the R40 (High-Density Residential), C-C (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District; and 1.10 Acres From the H-E (High-Density Employment) to the CC (Community Business) 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 Simison: Last item on the agenda is Ordinance No. 22-1979. Ask the Clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance related to H-2021-0081, Vanguard Village Subdivision, for rezone of a parcel of land situated in a portion of the Southeast '/4 of the Northwest '/4, Northeast '/4 of the Southwest '/4 and the Northwest '/4 of the Southeast '/4 of section 15, Township 3 North, Range 1 West, Boise meridian, City of Meridian, Ada county, Idaho; establishing and determining the land use zoning classification of 7.06 acres from the C-C (Community Business) Zoning District to the H- E (High-Density Employment) Zoning District; 17.38 acres from the C-C (Community Business) and H-E (High-Density Employment) Zoning District to the M-E (Mixed Employment) Zoning District; 40.33 acres from the R-40 (High-Density Residential), C-C Page 97 Meridian City Council Item#4. May 24,2022 Page 1 of 16 (Community Business), and M-E (Mixed Employment) Zoning Districts to the R-15 (Medium High-Density Residential) Zoning District; and 1.10 acres from the H-E (High- Density Employment) to the C-C (Community Business) 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. Simison: Thank you. You have heard this Ordinance read by title. Is there anybody present who would like it read in its entirety? If not, do I have a motion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I move that we approve Ordinance No. 22-1979, an ordinance regarding file H-2021-0081, Vanguard Village Subdivision. Strader: Second. Perreault: With the suspension of rules. Strader: Second agrees. Simison: Have a motion and a second to approve the item under suspension of the rules. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, yea; Hoaglun, yea; Strader, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I would like to just -- I would not like to let today go by without acknowledging the tragedy that happened in Texas today and our hearts go out to the parents that are living everyone's worst nightmare. I would like to encourage our legislature to consider finding ways to still uphold the Second Amendment while supporting common sense gun Page 98 Meridian City Council Item#4. May 24,2022 Page 16 of 16 reform and I would like -- our city is very limited in what we can do on that front, but I would love for us to increase the presence of the Meridian Police Department at our elementary schools, try to find ways to resource that further going forward. Thank you. Simison: Thank you. Thank you for those comments. Do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 6-7-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 99