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HomeMy WebLinkAbout2008 07-22Meridian Citv Council Meeting July 22, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 22, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Gorton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Bill Parsons, Kyle Radek, Ron Anderson, Tracy Basterrechea, Steve Siddoway, Keith Watts, Pete Friedman and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Gorton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start tonight's meeting by welcoming you all here tonight and thanking you for joining us. I can't talk. For the record, it is Tuesday, July 22. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Item 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center: De Weerd: Item No. 3 is our community invocation and Pastor Gordon Slyter with the Treasure Valley Worship Center. Made it in the nick of time. We welcome you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Slyter: Let us pray. Father, as we come before you this afternoon we thank you that you are firmly enthorned upon the praises of your people. We remember the words that instruct us to tremble before him, all the earth. Indeed, the world is firmly established. It will not be moved. Let the heavens be glad and let the earth rejoice. And let them say among the nations the Lord reigns. Let the sea roar and all it contains. Let the field exalt and all that is in it. And the trees of the forest will sing for joy before the Lord, for he is coming to judge the earth. We thank you, oh, God, that you are God of the created order. We thank you that you rule in the heavens. We pray that tonight you will give wisdom, understanding, and guidance to those who are charged with making Meridian City Council July 22, 2008 Page 2 of 40 decisions for our city. Lead them, Lord, in ways that would benefit all of our citizens and bless them and we thank you for this tonight in Jesus' name, amen. De Weerd: Thank you so much. Now, we -- pastor, we do have a new City of Meridian pin that I would like to offer you, because I know you don't have one of these yet. And thank you for joining us. Slyter: Thank you very much. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Okay. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Excuse me. On the agenda, Item 14 has been asked to be removed from the Planning Department -- to withdraw. And Item 21, the ordinance proposed number is 08-1374. Item 22 the ordinance number is 08-1375. And with that I move that we approve the published agenda. Rountree: Second. De Weerd: Mr. Bird, I do have a couple of notations that on Item 15, the applicant has requested continuance to August 12th. Bird: Yeah. I thought we'd do that when we got there, but I -- De Weerd: Just I guess for the record. Bird: Okay. Motion -- staff requests Item 15 to be continued to August 12th. Item 17 and 18 to be continued until August 26. Rountree: Second concurs. De Weerd: Okay. All those in favor of the agenda as amended say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of September 1, 2004 Jt. City Council Meeting: B. Approve Minutes of April 29, 2008 City Council Special Workshop: Meridian City Council July 22, 2008 Page 3 of 40 C. Approve Minutes of June 17, 2008 City Council Regular Meeting: D. Approve Minutes of June 24, 2008 City Council Regular Meeting: E. Approve Minutes of July 1, 2008 Pre-Council Meeting: F. Approve Minutes of July 1, 2008 City Council Regular Meeting: G. Approve Minutes of July 8, 2008 City Council Regular Meeting: H. Findings of Fact and Conclusions of Law for Approval: SHP 08-004 Request for a Short Plat to amend existing 4-unit condominium, Building E on a commercial building lot in a C-N zone for Quenzer Commons Condominium Amendment No. 2 by Brighton Commercial, Inc. -1545 E. Leigh Field Drive: I. Findings of Fact and Conclusions of Law for Approval: SHP 08-005 Request for Short Plat approval to create 2 building lots on 1.05 acres in an L-O zone for Cammann Park Subdivision by Todd Meyers -NEC of NW 8~' Street and Cheny Lane: J. Findings of Fact and Conclusions of Law for Approval: PP 08- 004 Request for a Preliminary Plat with 6 residential building lots and 1 common lot in an R-8 zone on approximately 4.7 acres for Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: K. Findings of Fact and Conclusions of Law for Approval: CUP 08-008 Request for Conditional Use Permit approval consisting of Assisted Living Facilities containing 5 buildings with 15 beds in an R-8 zone for the proposed Maxfield Subdivision by Cottage Investors, LLC - 3295 E. Falcon Drive: L. Development Agreement: AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Hams of Briggs Engineering - 4052 & 4202 W. Daphine Street: M. Release and Termination of Easement for Intermountain Outdoor Subdivision: N. Direct Placement Agreement with SOS Staffing Services for New Citv Engineer /Deputy Public Works Director: Meridian City Council July 22, 2008 Page 4 of 40 O. Approve Letter to COMPASS Reaardina Draft 2009-2013 Transportation Improvement Program: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve the Consent Agenda as published, the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: We have a motion and a second to approve the Consent Agenda. If there is any discussion, speak now or forever hold your peace. Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: May I make a short announcement before we proceed? De Weerd: You bet. Zaremba: Just before I came to the meeting I caught the news and they were saying that we were going to get a storm like we had earlier in the day, probably within an hour. I mention that, because there is a Jeep Cherokee with a veteran's plate in this parking lot with the windows open. If anybody left your windows open for a purpose, you may wish to slip out and close them. I don't know how accurate the news is, but they said we are going to get something like that again, so -- Radek: It will make the presentation shorter. De Weerd: The way that rain came down, you would be swimming in your car. Okay. I think you were set up. Zaremba: Thank you. Item 6: Department Reports: A. City Council: Meridian City Council July 22, 2008 Page 5 of 40 1. Budget Amendment for Pine Street School for $54,300.00: De Weerd: Thank you. Item 6-A under City Council. We have a budget amendment for Pine Street School. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment of 54,300 dollars for the moving of the Pine Street School. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. B. Mayor's Office: 1. Budget Amendment for State of the City Spending Authori for $1,346.00: 2. Budget Amendment for Interim Parks Director for $29,229: De Weerd: Okay. Item 6-B under Mayor's office, you have two budget amendments. One is just to authorize the spending for State of the City. These funds were brought in and it was covered by the sponsors. We exceeded our spending authority of 10,000 dollars, because of the increase in attendance and the amounts that we paid out to the restaurant vendors. And item number two is a budget amendment for the interim parks director. As we discussed when we had our parks director opening, we hired apart- time consultant contract to cover for the director position while we did our park search and that is the amendment. We are moving from personnel into the professional services line item. So, Council, I do need your action on those two items. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council July 22, 2008 Page 6 of 40 Bird: I move we approve the budget amendment for the city spending authority for the State of the City address for 1,346 dollars. I move we also approve the budget amendment for the interim parks director for 29,229 dollars. Rountree: Second. De Weerd: Okay. I have motion and a second. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. 3. Arts Commission Recommendation Regarding Procurement of Citv Hall Permanent Art Installation: De Weerd: Okay. Item 6-B-3 is our Arts Commission item and I imagine that Mr. Nary has information. Nary: Yes, Madam Mayor, Members of the Council. There is a memo in your packets from Mrs. Kane from my ofFce. This is not to be confused, but there is a call to artist that is already pending, that is for the entryway art in the City Hall. This is for art in the gallery. It is proposed by the timeline in there, it -- pending your approval tonight of this process, then, we would actually issue this tomorrow. That way we would have the artwork potentially delivered by approximately the opening of new City Hall. So, the time limit is a little tight, so that's what -- I guess for having it on tonight was to try to expedite it, so we can get it done by the time of the opening. De Weerd: Any questions for Council? Bird: I have none. De Weerd: If not, Mr. Nary, do we need Council action? Nary: Yes, Your Honor, because there is -- there is spending authority that's attached to it. It was included in the budget. There was budgetary -- budgeted items for these art pieces, so that we did request that the Council move for approval. De Weerd: Okay. Council, I will need a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm not going to -- but I -- when I read through it, I thought that was coming at a later date after they got some prices. Meridian City Council July 22, 2008 Page 7 of 40 Nary: Madam Mayor, Members of the Council, Council Member Bird, the money -- the money in the budget is basically to be replenished by donations, so there will be specifics when they get the specific art pieces, but it is attached to the -- to the RFP, so we wanted to be sure that you're aware of it. Bird: Okay. Well, what was the dollar volume, then? Nary: I think it's 1,500 dollars -- 4,500 dollars. Bird: Forty-five. That's the -- what you need passed right now. Nary: Correct. And that was what was approved as a budget item last week. Bird: That's true. Nary: And so we wanted to make sure that it all matched up together, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the 45,000 dollar Art Commission recommendation for the City Hall permanent artist -- Rountree: Second. De Weerd: Okay. I have a motion and a second on this item. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. C. Police Department: 1. Fencin4 Improvements for $4,626.00: De Weerd: Okay. Item 6-C is our Police Department. I see Lieutenant Basterrechea. He tries to hide behind all of the stuff over there. Basterrechea: Firemen are always trying to get in front of us. The budget amendment before you is to help expand some of the kennel facilities at the animal shelter. We are -- we are going to continue going through the year with the facilities. We need to expand them. We are already at capacity most of the time and oftentimes over capacity Meridian City Council July 22, 2008 Page 8 of 40 and if we have a sick dog there is no way to quarantine them from another dog or a vicious dog, so that's what this is for. De Weerd: Tracy, have you been to able to -- I'm song. Lieutenant, have you been able to utilize the second building as well? Basterrechea: That's -- that's what this is for -- De Weerd: Okay. Basterrechea: -- to put the kennels into the second building, so that we can utilize that. De Weerd: Very good. Council, any questions? Bird: I have none. De Weerd: Okay. Bird: Madam Mayor. De Weerd: Mr. Bird. Bird: I move we approved the budget amendment for the animal shelter kennel and fencing improvements for 4,626 dollars. Borton: Second. De Weerd: Okay. I have a motion and a second to approve the request in front you. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. D. Planning Department: 1. Budget Amendment for Dues, Licenses & Publications for $2,500.00: De Weerd: Okay. Item 6-D is our Planning Department. Friedman: Thank you, Madam Mayor. This is a restoration of money back into our base budget. When our budget was adopted for 2008, we removed things like Valley Regional Transit, COMPASS dues and so forth. Took them out of the Planning Department budget and put them into another line item. Well, accidentally our base Meridian City Council July 22, 2008 Page 9 of 40 budget covering our dues, licenses, and publications was taken out at the same time, so this is going back into restore it. De Weerd: Does anyone believe that story? Rountree: I believe Pete. Friedman: That's what I was told when Icalled -- Bird: I was going to say, that's what he was told when he left. De Weerd: Thank you, Pete. Bird: I move that we approve the budget amendment for 2,500 dollars. Rountree: Second. De Weerd: Okay. I have a motion and a second. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. E. Finance Department: 1. Tri-State Electric Chance Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not ~to Exceed Amount of $72,723.24: 2. Custom Glass Chance Order No. 2 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $8,287.00: 3. SBI Contracting Chance Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $365.00: 4. Schumacher 8< Company Change Order No. 1 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $6,039.00: 5. Simplex Grinnell Change Order No. 3 for Additional Work to Existing Contract for New City Hall for a Not to Exceed Amount of $2,136.26: Meridian City Council July 22, 2008 Page 10 of 40 6. Haemker General Construction Chanae Order No. 1 for Additional Work to Existing Contract for Settlers Park Maintenance Building for a Not to Exceed Amount of $4,965.00: De Weerd: Okay. Item 6-E is our finance -- oh, there you are. Mr. Watts. Watts: Thank you, Madam Mayor, Council Members. I have six contract change orders on the agenda tonight. Five of them are for City Hall. One of them is for the maintenance building out at Settler's Park for the Parks Department. Information is in your packets. Just here to answer any questions if you have any. De Weerd: Council, do you have questions on any of these six items? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I don't have a -- on any of the six items. Is our change orders done at City Hall? I think Tom -- he can answer that. Watts: Tom could -- yes. De Weerd: Oh, I'm sorry. Mr. Tom, you need to speak into the microphone. Bird: As far as the building and the plaza and stuff. De Weerd: Because we certainly want this on the public record. Couglin: Tom Couglin with Petra. In answer to your question, Madam Mayor and Council, no, we are not done. There is still some ongoing changes that we are working to settle and some of the recently authorized changes, too, still need to be finalized and will be put into a change order that will be forwarded. But with the plaza it's on the latest list I gave you. There is some stuff to still be settled up and come before you. I think the majority of the items that we had to date are on that list. I can't remember the totals, but it is on the list, Councilman Bird. Bird: Yeah. Let's set a date of -- or try to hit a date of around September 1st to get all this ASIs and RFIs. I know you -- I know they come up -- or going to come up, but dad gum it -- Couglin: We are trying to work down to the bottom of that, but I think we have gotten the last of the major items that needed clarification taken care of, so -- Bird: Okay, Tom. Thanks a lot. Meridian City Council July 22, 2008 Page 11 of 40 Couglin: Thank you. Any other questions? Watts: Councilman Bird, Madam Mayor, Council Members, I do have -- I will bring to your attention one change order that I spoke with Tom about to initiate. We are installing our -- the PDU, which is the power distribution unit and the UPS system for the network and I thought it would be best if we had our existing electrical contractor on site do the installation and we'd just provide the material, that way we don't have finger pointing going on. So, that will be coming up in the next week or two. Bird: Okay. De Weerd: So, you will be utilizing the existing contract, with just a change order to add -- Watts: Correct, Madam Mayor. Just the new electrical equipment that the city is purchasing. De Weerd: Thank you. Any other questions or comments from Council? Thank you, Tom. Bird: Madam Mayor? De Weerd: Yes. Bird: I move we approve the change orders -- and these are all change orders from ASIs or RFIs or -- they are not lack of something. Tri-State Electric for $72,723.24. Custom Glass, 8,287 dollars. SBI Contracting, 365 dollars. Schumacher & Company, 6,039 dollars. Simplex Grinnell 2,136.26. And, then, the one item that is not City Hall, Haemker General Construction is at Settlers Park, the maintenance building, not to exceed 4,965 dollars. Change order number one. Rountree: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. F. Parks Department: 1. Budaet Amendment for Splash Pad Improvements at Adventure Island Plavaround for $34,372.00: Meridian City Council July 22, 2008 Page 12 of 40 De Weerd: Okay. Our next item is our Parks Department, with a budget amendment for the splash pad improvement at Adventure Island. Siddoway: Thank you, Madam Mayor, Members of the Council. This item was discussed with Council last week already, so I will make this brief and stand for questions. This change order is for the enhancements that were made to the splash pad, including the UV unit and plumbing modifications, the safety surfacing, changing tables, signage, and safety equipment that was purchased for the splash pad. As noted last week, the expenses associated with these are going to be transferred from the Settlers Park construction account into the Adventure Island Playground account and this -- these funds will, again, make that account whole, so we can move forward with Settlers Village Square phase one. And with that I'll stand for any questions. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for the splash pad in the amount of 34,372 dollars. Bird: Second. Borton: Second. Zaremba: Second. De Weerd: I have a motion and three seconds on this item. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. G. Public Works Department: 1. Update on the Five Mile Creek Restoration /Wetlands Mitigation Agreement with ITD: De Weerd: Thank you so much. Okay. Our next item is our Public Works Department and I see the wind starting to whip up outside there, Kyle. Borton: Take your time, Kyle. Radek: It's a Jeep. It will be okay. Madam Mayor, Council Members, a couple weeks ago I brought this subject up to you and did not tell a very complete story on the project Meridian City Council July 22, 2008 Page 13 of 40 and I'm here to rectify that and tell a more complete and more correct story and show you some prettier slides and, hopefully, that will get the job done. The Five Mile Creek Restoration Project and the agenda -- very similar to last time, only better. Better project history and background. I'm going to go over the benefits again. Show you who the partners are involved. Talk about the cost considerations just a little bit. And show you some stream photos and make some comments on them and, then, ask for an action from you. The first point I need to make is this project -- this restoration project is -- is the city's project. I was approached by Skip Vetton from the National Resource Conservation Service and he wanted to do some kind of work, some kind of urban project with the city and we conceived this project as a way to preserve the floodplain from development, but the other benefits of the project are even greater and now we hope this project will be a living experiment and an example to follow. We began coordination with the property owner and Nampa-Meridian Irrigation District and proceeded to do some conceptual design on it. We had a good idea of what we wanted to do and we didn't have any funding for it and one of Skip Vetton's talents is to write grants and go look for funding. Then we heard that the Idaho Transportation Department needed some wetlands mitigation for their I-84/Garrity interchange to Meridian project and we got in contact with them to see if our project would fit the needs of their project and with an apparent funding vehicle, National Resource Conservation Service proceeded to contribute their time to the project design. ITD needed approximately .16 acres of wetland mitigation to the satisfy their requirement by FHWA, the Federal Highway Administration. Our site is 1.3 acres and a graphical depiction of that is -- is that little hatched area would be the .16 acres of wetland and the whole site is pretty much circumscribed by the red line there. And our site includes, of course, the stream itself, the wetlands, riparian areas and upland areas as well. The project benefits are many. I have tried to make a fairly concise list and just list the ones I see as the most important. I think first and foremost it enhances public safety. At sometime in the future we will have amulti-use pathway here, according to our pathways master plan. When we do we want to avoid having steep banks, such as you see on the picture on top there, that could be hazardous to pedestrians and cyclists if they strayed from the path. And it also could keep people from being able to get out of the creek if they fell in. The vegetation also provides a horizontal buffer that keeps users farther from the water. Another major benefit is the surface water quality improvements. Riparian and wetlands plans clean water. The largest benefit is to surface water that needs to enter the creek from adjacent lands, but even irrigation wastewater entering directly through pipes can be cleaned as it moves through a hydraulically diverse creek. Essentially, a creek that meanders and has a little different cross-section than just a regular ditch. It could also be argued in some way that the city is responsible for doing projects like this under the National Pollution Discharge Eliminate System. It could be argued that, but it's not incredibly clear that that's the case, so I'm going to leave that off the slides. And initially, as I said, this was a floodplain management project. My main focus was to preserve floodplain and maintain or improve its ability to convey and attenuate floods. Insuring the adequate cross-sectional area is preserved from development and is available to store and convey water is fundamental to good floodplain management. The cutback cross-section provides a place for flood waters to go and the vegetation will attenuate floods both by delaying the time for the surface Meridian City Council July 22, 2008 Page 14 of 40 water to get to the creek and by slowing down flows at the edge of the floodway. The state floodplain coordinator has reviewed this project and supports it as a proactive floodplain management that will help our property owners secure lower flood insurance rates when we become members of the community rating system, which is one of the goals of our floodplain management program. The project includes not only wetland, but riparian and upland vegetation and will provide habitat for a variety of wildlife. It will be an example and it will demonstrate Meridian's commitment to natural areas. It promotes our pathways master plan. Meridian could have greenbelt paths next to Five Mile and Ten Mile Creeks that are just as nice as the Boise River greenbelt and even more functional from a transportation perspective. This project will serve as an example of beneficial management of urban imgation facilities and can provide outreach and educational opportunities. This project has already generated the interest of other landowners and when it proves to be a success, I think Meridian will be seen as a leader in conserving the natural environment in the Treasure Valley. And I think the most important benefit for Meridian is that it will give us a natural area that we can be proud of. This area right here is directly upstream from the project and it was a wetlands mitigation site done for Franklin Road. Here are the project partners that come to the table and bring this project to us and it absolutely couldn't be done without the cooperation of each and every one of those partners. Oh. One slide on the cost considerations. A couple weeks ago the parks director brought to you his estimate of what it might cost to maintain this project site on a yearly basis. The number was 3,475 dollars a year and I believe that to be a worst case type of number and I completely understand why he would bring that type of a number to Council. I would do the same thing. But I wanted to point out that it's likely to be, in my opinion, to be lower than that and it should, after a certain amount of time, decrease to just about nothing. After the establishment of those plants they should pretty much take care of themselves. We also didn't talk about volunteer efforts in trash pickup and -- and the fact that once a development takes place there, the tenant or the property manager or owners will surely contribute to maintaining that area. To illustrate part of my point, here is a stretch of Five Mile Creek upstream in Boise. This is not maintained at all. Essentially just left alone and the plaints do just fine after they are established. This is a stream alteration project done on Five Mile Creek behind Fred Meyer at Five Mile and Overland. This stretch is also unmaintained. This is another National -- Natural Resource Conservation project, not a stream project, but a project that was done in 1997 and it's maintained by the adjacent homeowners association. These people are very proud of the little wetlands area that they have and this picture shows a - I believe it shows a -- I wanted to check with Skip, but I'm 99 percent sure that this kind of fuuy bush in the middle is a gire willow and it's one of the plantings you will see on our project. This is our site three weeks ago and the animated fill areas and these cut sections here. They are not accurate in location, but they show the techniques that will be will used on this project to achieve a more natural profile and cross-section -- to achieve that more natural look that you see from the upstream picture. Again, this is the site directly upstream from the project site and it was a wetlands mitigation site as well. And this is the stretch directly upstream from the last picture and the developer of this site has expressed interest in a similar project. We have 24 miles of creeks in our impact area and opportunities for similar projects are limitless. The areas noted here I believe to be good candidates due Meridian City Council July 22, 2008 Page 15 of 40 to property owner contacts and other property attributes. So, what I'm hoping is that we set the example here for people to follow and whether the impetus for these projects comes from private development or similar partnerships, that we can do things like this all over our city. And, again, what we are asking for tonight, which we asked for two weeks ago, but we weren't quite as prepared as we ought to have been, is approval of the state local agreement and the license agreement with Nampa-Meridian Irrigation District to make this project go forward. And we have -- we have reworked the wording of the state local agreement per President Rountree's comments a couple weeks ago and I think the legal department is happy with the changes. And with that I will take any questions you have. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A comment. Thank you, Kyle. It is a much better story. Good job. And I think it is going to be an interesting experiment. One thing I'd suggest you do, once you get going, if you get going, is establish some photo points and, then, you can bring back and tell us the story of how this thing matures in a couple years. Radek: Absolutely. Rountree: And I guess I have a question for Mr. Nary in terms the license agreement. That was a question last time and the liability issues and whatnot have been taken care of? Nary: Madam Mayor, Members of the Council, Council Member Rountree, yes, Kyle and myself, Mr. Baird from my office, and the gentleman from the state all met and, really, the language that we changed predominately are in section one of the general provisions where it's clear -- I think as Council Member Rountree, as you pointed out, in that prior meeting that the state has an obligation that they can't simply pass off to the city and that is reiterated in number one of the general provisions that that's not the intent of this agreement, that they still have a responsibility. But also the one -- the liability that we were the most concerned with was -- is now number six in the City of Meridian's responsibilities. In there it says the city is responsible, but instead in the prior agreement where it said we were just simply responsible for everything that occurred, we are responsible for anything our employees or our agents or our contractees perform in this site. So, we are not responsible for anyone else. Now, we are going to -- they are paying us to help mitigate the site, but we are the ones that control that construction and maintenance. So, it is just our actions that we are responsible for. And this is consistent with the other highway district or ITD agreements that we have had. And ITD was fine with that and they changed it the day we met with Kyle and them and so, yeah, we are comfortable with that. It covers the city. Meridian City Council July 22, 2008 Page 16 of 40 De Weerd: Okay. Any other questions or comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we are approve the local agreement for the Five Mile Wetland Restoration and authorize the Mayor to sign and the Clerk to attest. De Weerd: Okay. I have a motion and a second to approve this item. Any discussion? Radek: Sony. Just as a point of clarification, we need the state local agreement and, then, we need the license agreement with Nampa-Meridian. Rountree: And I will include in that motion the license agreement with the Nampa-Meridian Irrigation District. Zaremba: Second agrees. De Weerd: Okay. If there is no further discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Nice job, Kyle. Thank you for coming back. Your pictures were much nicer. Barry: Madam Mayor, if I may, first, I'd like to thank the Council's support, as well as yours, for this particular project. And I also wanted to say, as a side note, that we hope that these types of projects become more -- that we are, essentially, doing more of these projects in the future. We feel strongly that the benefits for these types of projects are many, as has been described. We also feel that these kinds of projects are part of the low hanging fruit that I have described to you in past meetings as it relates to coming into compliance with some of our regulatory requirements. As Mr. Radek had said, native plants trap nutrients, they can also trap other types of -- of water quality concems and certainly on Five Mile Creek where we discharged our wastewater, we might be able to utilize wetland plants, as well as in-stream riparian plants, to help us trap and remove phosphorus and nitrogen and other source of water quality concems, which would help to potentially reduce loadings on astream-by-stream basis. So, not just because of the regulatory benefits and the environmental benefits and the flood capacity benefits, but also because of the community character we hope to build with these connections, we intend to -- to categorize our streams and identify various projects along different areas to utilize that as a baseline for bringing about further improvements on our creek system. So, I appreciate your support again and just wanted to make a side note that we hope to bring many more projects as exciting, if not more so, to your attention and for approval in the near future. Meridian City Council July 22, 2008 Page 17 of 40 De Weerd: Thank you, Tom. And I would hope that -- I know in our discussions we have made an example that maybe the Bud Porter Pathway might be a good project to take a look at. The steep slopes on that with it next to our -- a walking path and the starkness of -- of that area, I think it would be a really good water area to take a look at and making that an amenity and increasing the public safety aspect of it. So, thank you. H. IT Department: 1. Approve Contract and Award of VoIP Citv Hall Network Solution RFP IT-08-002 to Valcom, Inc. for City Hall Network Solution for a Not to Exceed Amount of $100,000.00: 2. Approve Contract and Award of VoIP City Wide Phone System RFP IT-08-003 to Valcom. Inc. for Voice Over Intranet Protocol Phone System for a Not to Exceed Amount of $150,000.00: De Weerd: Okay. Under our IT Department. Mr. Nary. Nary: You sound so surprised. De Weerd: I don't see Mr. Patemoster. Nary: Madam Mayor, Members of the Council, Mr. Patemoster had family duty tonight, so I told him I would cover this. These are two bid awards. One is for the voice over IP network for the City Hall, as well as the voice over IP city wide phone system. These are bid awards, both to Valcom. Mr. Watts was involved with this bid process as well. We had a number of bids for both of these. It appears for the phone system we had five responders and for the network system we also had five responders. There was a -- it looks like a fairly engaged process for the folks that were involved in the rating of these and the ranking of these. On the phone system it wasn't really even close. The Valcom successful bidder was probably ten percent better in scoring -- or close to ten percent better in scoring than the next responder. They did a live demonstration last week with about 25 city employees. They did a survey immediately afterwards. Seventeen of the employees -- these were folks that -- Ms. Holman was there. Members from the utility billing staff, members from various departments, Public Works and such, that will be active users of the phone system, they were all very impressed with the -- the successful bidder. They also supported the city going forward with these. On the network solutions one, again, it was a fairly engaged process with the IT staff and Mr. Watts to find the best one. This was a little closer. There was about a ten percent difference in the point scales here, but here the -- the technology differences were a little bit closer. In talking with Mr. Patemoster, there were probably two things that were most significant. One was the price and the value that the city would be getting for that price and, secondarily, was the service that the city would be getting. Meridian City Council July 22, 2008 Page 18 of 40 Although there was some on-site service that's available from one vendor, the other vendor actually has better service, even though they don't necessarily have on-site people. So, it was a fairly lively debate between the IT staff on which one would fit the city's needs long term, but they are comfortable that this -- we can go forward with both of these bid awards. They both were under budget as far as I understand of what was potentially proposed and significantly under budget between the prices of these different vendors. So, it was a -- I think a good process for everybody. It did save the city some money that probably will be spent elsewhere on this project. But I think it was a significant value to the city that we are getting. I don't know if Mr. Watts has anything else to add. Watts: No. Just to remind you, once again, it was an RFP, not a straight bid, so it was an evaluated. We actually did go with the lowest responder on both these RFPs, it just happened to be the best solution for the city as well, so -- De Weerd: That is great. Watts: And overall I would say we are -- we are around 70 to 75 percent of what was budgeted for these. De Weerd: Excellent. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: One kind of a sideways question. About the only thing I know about the voiceover intemet protocol phone systems is that you don't access 911 the way you would expect to. Does anybody know how that works? Watts: I don't have that information, no. Nary: I sat through the demo, Council Member Zaremba, but I don't recall that specifically coming up, so I don't -- I don't know. Ms. Holman, did you recall -- I don't recall that kind of discussion. Holman: I don't remember how the 911 -- we demoed so many phone systems, but I don't remember anything specific to that, so I'm not sure, but I can find out. Watts: Excuse me, Ms. Holman. I do know there are a number of analog lines that will be coming into City Hall as well and I'm not sure if those will be used for 911 or not. Simmons: I can finally use some of my previous existence. E911 voice is something that the Congress is mandating. I don't know the implementation date that the FCC was going to have to do, but it is a requirement that the voiceover has to have E911 Meridian City Council July 22, 2008 Page 19 of 40 capabilities and their technology was saving that out. So, it will be part of the system, but when that date -- I can't say if that's been implemented today or not. Holman: And, Madam Mayor and Council Members, if I can interject one other thing. I know with these phone systems with so many different lines being in the City Hall, if someone were to call 911 from a specific line, it relates -- I know it relates that information as to where that came from in the building, instead of just saying there is a 911 call from the City Hall building, it actually says where it came from. So, I'm guessing that it has some sort of a system. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Any other questions? Yes, Mr. Bird. Bird: I have none. Not a question, but I -- if nobody has a question, I'm ready to make a motion. De Weerd: Okay. Bird: I move we approve the contract with VOLP -- or no. ValCom. I'm sorry. For the network solution for 100,000 and with ValCom for the voiceover intemet protocol phone system not to exceed 150,000 dollars. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve these two items. Any discussion? Seeing none, Madam Clerk, will you call roll. Watts: Madam Mayor, I just wanted to clarify, the network solution was also a not to exceed 100,000. We believe these are both on the high side. Thank you. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Request for Fee Reduction for Rezone Apalication for 3131 Lanark, LLC and 3163 Lanark, LLC by Patrick McKeegan Architects: De Weerd: Item No. 8 is a request for a fee reduction. I will ask Pete for comments. Meridian City Council July 22, 2008 Page 20 of 40 Friedman: Thank you, Madam Mayor, Council Members. This is a request by Mr. McKeegan for a fee reduction on a rezone application that he is proposing to put forward. If you will recall, last spring his clients proposed a rezone on Lanark Street. That rezone was ultimately denied by the Council. They have rethought their plans, have come back, they had apre-application with our staff last week and indicated that many of the conditions haven't changed there and that they didn't feel that the full rezone fee was appropriate and necessary. Staff does not support this request. I have looked at the UDC section on fee waivers and it is clear the Council may waive all or part of a fee upon a demonstration of hardship and having reviewed Mr. McKeegan's letter, I certainly understand their position, but I didn't note a hardship in there, so we don't support the request. In addition, there will still be work to be done by staff. There will be some analysis. There will be posting. There will be time by city clerk staff, there will be time by planning department staff at the hearings. So, it's not all just a matter of kind of cutting and pasting a staff report. De Weerd: Okay. Thank you, Pete. Any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Any questions of the applicant here? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we deny the request for fee -- fee reduction at 3131 Lanark, LLC and 3163 Lanark, LLC, by Pat McKeegan, architect. Rountree: Second. De Weerd: Okay. I have a motion and a second to deny Item No. 8. Any discussion? Hearing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 9: Request for Reconsideration of Conditions for Waltman Property / Browning Annexation by Shawn Nickel with Rose Law Group - 505, 521, 615 and 675 Waltman Lane: De Weerd: Okay. Item 9 -- Borton: Madam Mayor, I will be in the back. Meridian City Council July 22, 2008 Page 21 of 40 De Weerd: Okay. -- is a request for reconsideration of conditions for the Waltman Property /Browning Annexation. Pete. Friedman: Thank you, Madam Mayor, Council Members. Mr. Nickel from the Rose Law Group has submitted a request for reconsideration on your decision approving the Waltman Property /Browning Plaza annexation and rezone. In a meeting with staff last week he went over some of the points he's interested in bringing back before the Council and staff at least supports the reconsideration and believes that at least it would be good to get some of the issues clarified and brought back before Council. So, we are supporting their request and would recommend that if you choose to reconsider it, that you set a new hearing date. I believe either the 12th or the 26th of August or the soonest that those could get on the agenda. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just for my own information, we are being asked for reconsideration for clarification, not a change in -- necessarily in the outward direction on this particular application, but a clarification of many of the -- of a few of the many stipulations that were made, some of which might be in conflict with one another. Friedman: Madam Mayor, Council Member Rountree, Council, I believe that is the case. I was not a party to the discussion, so -- Rountree: Okay. De Weerd: I believe that's what was mentioned in the letter. If you have any clarification, questions that you would like to ask of the applicant, but it is -- Rountree: I mean he's here, if he wants to say something. De Weerd: Would the applicant like to add anything? You can't provide testimony per se. Nickel: Thank you. Madam Mayor and Council. Shawn Nickel. 6223 Discovery Way, Suite 200, Boise. De Weerd: Thank you. Nickel: We have asked for reconsideration to clarify several of the conditions that seem to conflict with one another and we have also asked for reconsideration of one of the Meridian City Council July 22, 2008 Page 22 of 40 conditions that we were not in favor of, which I believe would require -- or would need to require some public -- De Weerd: Comment? Nickel: -- comment. Rountree: Okay. De Weerd: Thank you. Nickel: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further comments or questions, I would move that we approve the request for reconsideration of the Waltman Property /Browning Annexation identified in Item No. 9. Bird: Second. De Weerd: Okay. I have a motion and a second regarding reconsideration on this Waltman Property /Browning Annexation. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I'm assuming that that -- if we vote yes, which it sounds like we are going to, that that will generate another notice of public hearing. I would like to ask that the notice be very specific about the items that are being requested to be reconsidered, so that we don't open up the discussing to everything that was ever said again. De Weerd: Excellent suggestion. Mr. Nary, can we do that? Nary: We have never done that before. Madam Mayor, Members of the Council, we have never -- once you have requested reconsideration, it's very difficult to try to narrow it to one topic or one issue, because that one issue may lead to other issues, which, then, means you wouldn't have noticed to other people that you may talk about somebody else. Since they want to change one -- and I don't have the letter in front of me from Mr. Nickel, but they, basically, want another discussion about an item that you have already ruled on in one direction, they would like you to rule another way. So, I would be -- I wouldn't recommend you try to limit it, only because I think you will end up with a situation that you may have to have a second hearing if you do. I know that's Meridian City Council July 22, 2008 Page 23 of 40 probably not the answer you were seeking, but I'm afraid that you would be -- I'm afraid that you would be putting yourself in a pickle to have to have another hearing, because you may have opened the door to other issues that may come up. Zaremba: I thoroughly understand the logic of that. Rountree: Madam Mayor, it seems to me, if what Mr. Nary said registered, could we not notice it for reconsideration of -- for clarification and discussion of the conditions for the development agreement? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I guess you could. What I would suggest you do is we not treat this differently than any other one. Rountree: Okay. Nary: But you can certainly in your hearing direct to the folks this is the issues that have been raised and this is the issues we are going to concentrate our decision on. You can stand up here for three minutes and talk about whatever you want to talk about, but we are going to focus our attention on these things and maybe help direct them in that regard, rather than feeling like we are opening up this whole discussion all over again. But, again, I'm just afraid if you limit it on the front end, you will end up holding -- having to hold another hearing, just because the discussion may diverse - my digress, especially on this particular project. Rountree: Appreciate that. Don't change my motion, then. Bird: No. Leave it like it is, because -- Madam Mayor? De Weerd: Mr. Bird. Bird: I think what Bill is telling us is very, very good, because every time we have continued public hearings for specific items it just isn't that item, because all it takes is one person to mention something in a public hearing and, then, you're basically wide open again. So, let's leave it like it is. I think Mr. Rountree had a very good motion. De Weerd: Okay. We have a motion in front of you to approve the request for reconsideration and to set this for posting for the normal public hearing process and I assume that includes that the applicant would pay for all the necessary postings and mailings. Okay? Do I need a roll call vote on that? Nary: Madam Mayor, yes. De Weerd: Okay. Roll call vote, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, absent. Meridian City Council July 22, 2008 Page 24 of 40 MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you. If someone will find Councilman Borton. Rountree: Well, we have two more items on that topic. De Weerd: Oh, I'm sorry. Rountree: Question for legal counsel, Madam Mayor? De Weerd: Yes. Item 10: Findings of Fact and Conclusions of Law for Approval: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property (aka Browning Plaza) by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Item 11. Findings of Fact and Conclusions of Law for Approval: PP 08-001 Request for Preliminary Plat approval of 52 commercial /office lots and 1 common lot on 38.21 acres in a proposed C-G zoning district for Brownin4 Plaza (aka Waltman Property) by SLN Planning, Inc. - 505, 521, 615 and 675 W. Waltman Lane: Rountree: On Items 10 and 11, do we vacate those because of that action or do we carry them over? Nary: Madam Mayor, Members of the Council, you can simply vacate them at this point, because they may change or they may not. We can always bring them back. You can just vacate them off this agenda. Rountree: Madam Mayor? De Weerd: Uh-huh. Mr. Rountree. Rountree: I move that we vacate Items 10 and 11. Bird: Second. De Weerd: Okay. I have a motion and a second to vacate Items 10 and 11. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 12: FP 08-011 Request for Final Plat approval 11 commercial building lots and 1 other lot on 10.213 acres in an L-O zoning district for Bridgetower Meridian City Council July 22, 2008 Page 25 of 40 Crossing Subdivision No. 15 by Primeland Investment Group, LLC - Linder Road and Coppercloud Way: Item 13; FP 08-012 Request for Final Plat approval for 8 commercial building lots on 6.75 acres in a C-N zoning district for Bridgetower Crossing Subdivision No. 16 by Primeland Development Co., LLC -Ten Mile Road and Quintale Drive: De Weerd: Okay. Items 12 and 13 are final plats on 08-011 and 08-012. I will ask for staff comments. It does look like the applicant has approved staff recommendations. Friedman: Yes. Thank you, Madam Mayor, Council Members. The Mayor is quite correct. We have letters from the applicant agreeing with the conditions of approval for these two final plats and so we have recommended that the Council go ahead and approve them. De Weerd: Thank you. Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the final plat for Item 12, FP 08-011 and Item 13, FP 08-012. Bird: Second. De Weerd: Okay. I have a motion and a second to approve these two items. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 14: Continued Public Hearing from June 17, 2008: MI 08-004 Request for a Miscellaneous application for Modification of the Development Agreement for Dorado Subdivision by the City of Meridian -Northwest Comer of South Eagle Road and East Overland Road: De Weerd: Okay. Item 14 has been requested to withdraw. Meridian City Council July 22, 2008 Page 26 of 40 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we withdraw the Item MI 08-004. Rountree: Second. Bird: Okay. I have a motion and a second to withdraw Item 14. Do I need roll call? Voice vote. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 15: Continued Public Hearing from July 1, 2008: AP 08-003 Request for City Council Review for an Appeal of Director's Determination to deny alternative compliance to allow a portion of the former Idaho Truss site to be used for shared parking for the Broadway Integrated Proiect (CZC 08-018) by Ward Schwider -130 East Broadway Avenue: De Weerd: Okay. Item 15 is a continued public hearing from July 1st on AP 08-003. I will ask for staff comments on this public hearing. Rountree: Continuance. De Weerd: Oh, I'm sorry. Bird: Madam Mayor? De Weerd: Yes. Bird: Unless you want to do it before we continue, I move that we continue this AP 08- 003 to August 12th, 2008. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue this until August 12th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 16: Continued Public Hearing from July 8, 2008: AZ 08-006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Proaerty by Denise Alter - 2741 East Leslie Drive: Meridian City Council July 22, 2008 Page 27 of 40 De Weerd: Okay. Item 16 is a continued public hearing from July 8 on AZ 08-003. I will ask for staff comments. Friedman: Thank you, Madam Mayor, Council Members. This is a continued hearing of an annexation request by Denise Alter. Mrs. Alter has requested annexation for a lot in the Carol Subdivision. The purpose of her request is to avail herself of city utilities in order to construct a new home and shop building on this. The initial application was heard by the Planning and Zoning Commission on June 5th and they have forwarded to you a recommendation for approval. The approved recommended zoning for the property would be R-2, since the site is nearly an acre in size and it would have a single family home and a shop on it, it would reflect the low density zoning that would attach with the annexation. We have seen no written comment in response to this application. The only comment that's in the record is a letter from Mrs. Alter stating that she would be here tonight to support her application. So, staff recommends approval of the annexation and rezone request. De Weerd: Okay. Any questions for staff at this time? Rountree: I have none. Bird: I have none. De Weerd: Okay. Is the applicant here? Yes, ma'am. Good evening. Alter: Good evening, Madam Mayor and Council. De Weerd: If you will, please, state your name and address for the record. Alter: Denise Alter. 3918 East Vantage Point Lane in Meridian. De Weerd: Thank you. Alter: And I'm simply here to answer any questions you may have regarding my new house and shop. De Weerd: Thank you. Council, any questions for the applicant? Bird: No, I don't think so. Rountree: No. De Weerd: Pretty straight forward. Thank you. Okay. This is a public hearing. Is there any member of the public who would like to provide testimony on this application? Okay. Seeing none -- Rountree: Madam Mayor? Meridian City Council July 22, 2008 Page 28 of 40 De Weerd: Yes, Mr. Rountree. Rountree: I move that we close the public hearing on Item 16. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 16. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for annexation for AZ 08-006, Alter Property. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 16. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 17: Vacated from July 1, 2008: MFP 08-005 Request to Modify the previously approved Final Plat (FP 05-076) by removing the requirement fora 5-foot detached sidewalk along Lots 54-66, Block 5, which are located on the south side of E. Deerhill Street between Montague Way and Genoard Avenue for Messina Meadows by Tuscany Development, Inc. - %2 mile west of South Eagle Road and '/2 mile south of East Victory Road: Item 18: Public Hearing: VAR 08-005 Request for Variance to UDC 11-2A-6 which requires building setbacks to be measured from sidewalk or property line; applicant requests to measure street setback from the back of ribbon curb for 12 lots, located on the south side of E. Deerhill Street between Montague ay and Genoard Avenue in Messina Meadows Subdivision No. 1 for Messina Meadows by Tuscany Development, Inc. - south side of Deerhill Street approximately 'h mile west of South Eagle Road and approximately'h mile south of East Victory Road: Meridian City Council July 22, 2008 Page 29 of 40 De Weerd: Thank you. Items 17 and 18, we have a request by staff for a continuance of both these items to August 26th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue MFP 08-005 and VAR 08-005 to August 26, 2008. Rountree: Second. De Weerd: Okay. I will note for the record that these two items were open for the public hearing on MFP 08-003 and VAR 08-005. I do have a motion and a second to continue these two public hearings on Item 17 and 18 to August 26. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 19: ~ Public Hearing: SHP 08-006 Request for Short Plat to create 4 office condominiums in an existing building on 1 commercial building lot on 0.66 of an acre in an I-L zone for Northhickorv Condominium by Hickory Land Partners, LLC -1020 North Hickory Avenue: De Weerd: Okay. Item 19 is a public hearing on SHP 08-006. I will open this public hearing with staff comments. Friedman: Thank you, Madam Mayor, Council Members. Hopefully, this one is as straight forward as the annexation. What you have before you is a short plat to develop a condominium -- in other words, divide an existing building into four suites that could, then, be sold off. Staff has reviewed this recommended approval. The applicant is in agreement with the conditions of approval. De Weerd: Thank you, Pete. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Koerner: Madam Mayor, Council Members, Larry Koemer, Associated Land Surveyors, Civil Engineers. 1103 Main Street, Middleton, Idaho. I am just representing the applicant and I have read and agree with all comments in the staff report and the addressed one item for a note on the final plat having to do with a note for the irrigation -- pressure irrigation. De Weerd: Okay. Council, any questions for the applicant? Meridian City Council July 22, 2008 Page 30 of 40 Bird: I have none. De Weerd: Yes. Who said Madam Mayor? Oh, I'm hearing things. Okay. If there is no questions from Council for the applicant -- am I correct? Okay. Thank you, sir. Koerner: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Borton: Madam Mayor? De Weerd: Yes. Borton: I move we close the public hearing on Item 19, SHP 08-006. Zaremba: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on this item. All those in favor say eye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve Item 19, SHP 08-006. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 19. Any discussion from Council? Bird: I have none. De Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 20: Public Hearing: MI 08-006 Request for Miscellaneous application to modify Sub-section 6, "Conditions Governing the Subject Property" item A3 of the recorded Development Agreement which requires CUP approval for any future church /office uses for Verona Subdivision by Primeland Meridian City Council July 22, 2008 Page 31 of 40 Investment Group, LLC -Northeast Comer of West McMillan Road and North Ten Mile Road: De Weerd: Okay. Item 20 is a public hearing on MI 08-006. I will open this public hearing with staff comments. Friedman: Madam Mayor, Council Members, I am going to tum this project over to Mr. Parsons, who was more heavily involved in it than I was, so I'm turning it over to Bill. Parsons: Thank you, Madam Mayor, Council Members. This is DA modification to the existing Verona Subdivision. Council remembers some history on this site here. Roughly three or four months ago there was a first addendum to the DA that modified it to -- and, then, pulled out these portions and incorporated it into a new DA for the Verona commercial project. Well, after the applicant had moved forward to develop these six commercial lots -- office lots I should say, they realized that in their current DA it requires CUP approval for any development to occur within those six lots. So, staff has recommended to the applicant that they come in and modify their DA to remove that provision. Here is the aerial of the site again. You can see there is nothing developed, it's pretty much vacant commercial land. The applicant has submitted photos. These are the same exact photos that you guys tied them to with the amended DA for the Verona commercial project. I won't bore you with all of them, but I'll just flash through them real quick. If you recall, there is roughly ten or 12 photos that you guys liked at that public hearing. So, I will quickly go through these. Staff is recommending that these elevations be tied to the amended DA as well. In addition to adding those -- these elevations to the provisions or to the amended DA, staff is also requesting that they construct a minimum of three buildings on the site, not to exceed 15,000 square feet and also we are also asking them -- or also requiring that all of those six office lots comply with current UDC standards in regard to dimensional standards and permitted and conditional uses in the L-O zoning district. The applicant is here tonight. I have not received confirmation that he's in agreement with these DA provisions. And with that I would be happy to answer any questions that Council and Mayor may have. De Weerd: Thank you. Council, any questions? Rountree: Not at this point. De Weerd: Okay. Thank you. Is the applicant here? Christensen: Madam Mayor, Members of the Council, my name is Chuck Christensen. I work for Quadrant Consulting, whose address is 9104 West Overland in Boise. I'm here representing the applicant and we have reviewed the city staff report and are happen to comply with all the conditions of approval in that report. De Weerd: Okay. Thank you. Christensen: Do you have any questions? Meridian City Council July 22, 2008 Page 32 of 40 De Weerd: Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Thank you very much. Christensen: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Yes, sir. If you would, please, state your name and address for the record. Payne: My name is Gary Payne. I live on 2940 Wapoot, which is across the street from these new buildings you're building. De Weerd: Thank you, sir. Payne: And I was wondering why we are changing our zoning so much. That was R-4 residential, now they are -- and, then, they change it to single story office buildings, I remember. Now, we are going two stories. Two or three on the pictures. This is a residential area and they are building a bigger complex on the other side of the street to the south of us, and, yet, they are wanting to box all the residential right into -- right into nothing. We paid a lot of money for our homes and now they are trying to tum them commercial. My yard faces the back of these buildings -- or the side of these buildings. My home does. And I think they should have -- they have enough other commercial areas around there that they could stay with the regular one story zoning for these buildings, which was the original. Thank you. De Weerd: Thank you, sir. Okay. Was this -- was this originally zoned for office? Bird: Yes. It was part of a -- De Weerd: If I recall right? Parsons: Madam Mayor, Members of the Council, yes, it was approved as a use exception. It was originally zoned R-4 and, then, I believe in '05 the site was rezoned to L-O to match what was on the Comprehensive Plan. De Weerd: So, that was all part of the net under the old planned development -- Parsons: That is correct. Meridian City Council July 22, 2008 Page 33 of 40 De Weerd: -- and it all was a net R-4 zoning, but on the site specific plan it was designated as light office. Parsons: Excuse me. I believe it was R-8 zoning. I'm sorry. I believe that whole subdivision is R-8, so just a clarification there. De Weerd: Okay. Parsons: But that is correct. It -- De Weerd: On the plat that was approved it was light office. Parsons: When -- Madam Mayor, Members of the Council, when that -- when the PD was approved, those six lots were originally three lots and, then, in '05 they replatted that into six lots and rezoned it to L-O. De Weerd: Okay. So, when they were platted three lots, they were zoned for what? Parsons: They were zoned R-8, but they were approved as a use exception for office use. De Weerd: For office. Okay. Was there height restrictions at that time? Parsons: Madam Mayor, in all of the R-4 zoning districts the height limit is 35 feet and that also carries -- that height limit is also in the L-O zoning district in our code today. So, as far as height limits, the applicant is in agreement with those dimensions. They won't -- any building in that site will not be able to exceed that 35 feet requirement. De Weerd: Okay. So, the height restrictions are the same as they are in a residential -- Parsons: This is correct. De Weerd: Okay. So, I hope that answers some of your questions. Sir, if you would -- I was trying to get answers for you. Payne: And they rezoned part of that section in December. We had a hearing here on that to change it from R-12 to light office. I mean R-4. And so it was December. I come down at that meeting. De Weerd: Okay. And it sounds like that was a clean up. It was allowed on the plat. They did move it from three lots to the six. Payne: Yeah. They keep changing it. You're aware of ~ you know, they keep expanding and making it bigger and changing their development and where it was set up as a residential area, then, why do we need to keep expanding our business into residential areas. Thank you. Meridian City Council July 22, 2008 Page 34 of 40 De Weerd: Okay. Thank you, sir. Okay. Any questions from Council for staff? Does the applicant want to make any wrap-up remarks or comments to the testimony we have received? Okay. The applicant has no further comment. Council, any further information needed? Rountree: Madam Mayor, I, just for the record, would like it clarified that this area e I assume from the original action taken, what, in 2002, that the intent was a multiple use planned unit development and the intent was not necessarily that this all be residential, but it be a combination of residential, commercial, and light office. And that the only clarification being made is that the zoning changes -- regulations since that original action under the previous Council, had established the light office and the commercial and that's what happened previously. Now, we are acting on, essentially, the same decision with respect to just modifying the development agreement that was in place. Or are we doing something different than that? De Weerd: Pete? Friedman: Madam Mayor, Council Members, I think, as a point of clarification, the applicant has requested a development agreement modification. Even if that -- even in the absence of this modification, the property is -- still remains zoned L-O and the only difference -- pardon me -- is that they would have to come in for conditional use permits on the individual lots. The zoning would remain in place. The allowed uses would remain in place. The limits established in the zoning ordinance for building height would remain in place. So, the underlying action, really, isn't affecting the commercial nature of the zoning on the property. De Weerd: So, the zoning of the property was made earlier and what was earlier this year was just a clarification of what the plat depicted with the light office. Friedman: I believe that's correct. Yes. De Weerd: Okay. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Not to belabor the point, but, Madam Mayor, Members of the Council, if you recall, we had a number of these types of developments that occurred in the last five to seven years that had conceptual plans. We did require CUs for development. This is probably the fourth one you have seen in the last year that have finalized what their plans are and we are tying those plans to the development agreement. So, as Mr. Friedman has said, we didn't change what was allowed to be built on it. What they done is they have done their homework and figured out what's the best use for that property that fits into the zone that was already approved and that's what we are tying into this. Meridian Ciry Council July 22, 2008 Page 35 of 40 So, this doesn't really change what was going to be on there, it more specifically allows -- without it having to go through a conditional use process on each one, because they have satisfied the city's planning and building department that they have met the standards and requirements that are in our code. So, I don't think -- at least if that helps the neighbor at all. This is not a change, really, in use, this is really specifying specifically what it's going to be, whereas originally when it was annexed that was left open with the conditional use being the trigger the city would have to get this exact specificity we have today. De Weerd: Thank you. And I hope that adds some clarification for you. Okay. Council, if there is no further information needed, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on MI 08-006. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 20. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MI 08-006. Borton: Second. De Weerd: Okay. I have a motion and a second to approve Item 20. Is there any discussion? Rountree: Madam Mayor, I don't want to assume. The motion includes the recommendations from staff? Bird: Yes. Yes. Rountree: Okay. Borton: Second agrees. Meridian City Council July 22, 2008 Page 36 of 40 De Weerd: And the attached elevations. Rountree: And the attached elevations. De Weerd: Okay. Madam Mayor, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 21: Ordinance No. 0.32 acres from R-4 to O-T Ricky -1353 West 1St Street: RZ 08-001 Request to Rezone zone for Trinity Assisted Living by Elisha Item 22: Ordinance No. AZ 06-022 Request for Annexation and Zoning of 9.98 acres from RUT to an R-4 zone for Prato Villas Subdivision by Kevin Harris of Briggs Engineering - 4052 8~ 4202 West Daphine Street: De Weerd: Thank you. Items 20 and 21 are ordinances 08-1374 and 08-1375. Madam Clerk, will you, please, read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 08-1374, an ordinance finding that Elisha Ricky, the owner of certain real property, has made a written request for rezone of the zoning classification RZ 08-001, Trinity Assisted Living, for real property being situated within the northeast quarter of the northwest quarter, Section 12, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, Lot 8, Block 1, Western Subdivision, Book 24, Page 1498, Ada County Records, also the west 30 feet of a portion of West 1st Street, as described in attachment A of this ordinance, and rezoning certain lands and temtory situated in Ada County, Idaho, and in the corporate limits of the City of Meridian and rezoning the land use zoning classification of said lands from R-4, Medium Low Density Residential District, to O-T, Old Town 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. Holman: City of Meridian Ordinance No. 08-1375, an ordinance AZ 06-022, Prato Villa Subdivision, for annexation of property being a portion of West Daphine Street and all of Lot 6 and 7, Block 2 of Black Cat Estates No. 2, as recorded in Book 32 of Plats, Page 1945 and 1946, Ada County Recorder's office, located in the south one half of the southwest one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in attachment A and annexing certain lands and territory situated in Ada County, Idaho, adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and Meridian City Council July 22, 2008 Page 37 of 40 determining the land use rezoning classification of said lands from RUT, Ada County, to R-4, Medium Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who would like to hear them read in their entirety? Hearing none, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Ordinance 08-1374 and Ordinance 08-1375. Bird: With suspension of rules. With suspension of -- Zaremba: With suspension of rules. Yes. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 21 and 22, with suspension of rules. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Council, we are at the end of our agenda. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I have one item before we adjourn. De Weerd: Yes, sir. Rountree: National Night Out. August 5th. The dinner or the buffet is in the afternoon in Boise at the Applebee's where? Nary: On Vista. Rountree: On Vista. Meridian City Council July 22, 2008 Page 38 of 40 Nary: Or off of Vista. Rountree: Off of Vista. I don't know how many plan on attending. I think Councilman Bird wants to attend that. Bird: It depends on our --our schedule. Rountree: We do have to have a short session of Council to act on a couple quick item and, then, we need to meet up with our respective police escorts and do the National Night Out activity. It's a question of timing on the Council meeting. It tentatively is set up for 5:00, but that doesn't give anybody much time to get into Boise and get back in rush hour traffic. We will be having the meeting at the police department, so we can make a quick connect with the police officers -- yeah. An escort. Yeah. Maybe we can get them to escort us back into town. De Weerd: Uh, no, you can't. Rountree: But I assume, lieutenant that your folks will be in Boise at the meeting -- or at the buffet? Basterrechea: Yes. We can arrange to -- if you want, we can arrange to take -- Rountree: And do you know what time you anticipated being back and starting the tour? . Basterrechea: We usually try to start hitting some of the neighborhoods by 5:00 o'clock. Right in that area. Rountree: That doesn't leave much time in Boise if that event starts at 4:30. Basterrechea: Yeah. We are usually there for half an hour to 45 minutes at the kickoff and, then, move over to some of the -- Rountree: So, if the kickoff starts at 4:30, then, we are probably looking more on the order of a quarter to 6:00 to get out of the police office department. Basterrechea: Probably closer to a quarter to 6:00, yes. Rountree: So, again, I don't know how many want to travel with an officer to Boise and - - if no one does, then, we can have our meeting earlier and meet them at the police department. Zaremba: Mr. President? De Weerd: Mr. Zaremba. Meridian City Council July 22, 2008 Page 39 of 40 Zaremba: If you're looking for opinions, I would probably skip going to Boise and start the meeting at 5:00 o'clock at the police department. By the time we are done, maybe they --our escorts would be back. De Weerd: That would be my recommendation as well. Bird: I don't care. Set the time. De Weerd: I mean the traffic coming back, you know, would be a bugaboo. Rountree: Well, we need to send our regards anyway, because I know that they have participated in our activities over here as well. They, however, when they go to Boise, are not in rush hour. They are going the other way. So, Jaycee, at this point let's go ahead and schedule our meeting for 5:30 at the police department o~ the 5th and we have two items that should take no longer than five to ten minutes. I hope. De Weerd: We do need to encourage comment and participation. Rountree: Yes, we do. Bird: Famous last words. Rountree: Well, we need to have a ten page agenda like we did tonight and we are done by 8:30. De Weerd: Are we? Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adjourn. Borton: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:23 P.M. Meridian City Council July 22, 2008 Page 40 of 40 (AUDIO ON FILE OF THESE PROCEEDINGS) /~ V._.~- MAYO TAM a WEERD ~j~j ~Q~~ DATE APPROVED ATTEST: L. HOLMAN, ~~`i``\111. . ~'. ., rFO ~' ', ~Y ER ~L ~~ ~`~~ .,, 90 ~T ,~ , ~4,,. iii "'~ ~@" `~. r'''''/~~~~N111f1 NN~~~~~,``````