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HomeMy WebLinkAbout2008 08-12Meridian Citv Council Meeting August 12, 2008 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, August 12, 2008, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Charlie Rountree and David Zaremba. Others Present: Ted Baird, Jaycee Holman, Anna Canning, Kyle Radek, Ron Anderson, Mark Niemeyer, Jeff Lavey, Bob Stowe, Scott Colaianni, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, good evening. I'd like to welcome you all to the City Council meeting this evening. We appreciate you being here. For the record, it is Tuesday, August 12th. It's 7:00 o'clock. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance: De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Darrell Taylor with Cherry Lane Christian Church: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Darrell Taylor. He's with Ten Mile Christian Church. And I would invite you to join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor, if you will use the microphone. You can stand on this side or that side; however you would like to do it. Thank you. Taylor: Well, Heavenly Father, we are just so truly thankful for living in such a wonderful country and, Father, for the dedication of these men and women that their desire is for a nice place to raise a family and just to have a good community and we thank you, Lord, for their dedication. Father, we are just truly reminded of your mercy and grace each day and we just praise your name for that and, Father, ask now that you Meridian City Council August 12, 2008 Page 2 of 52 will give this committee the wisdom needed take care of the business, Father, in all matters and ask, Lord, too, that you will just give us peace in our hearts knowing that you're our Lord and Savior and we pray this in Jesus' name, amen. De Weerd: Well, pastor, I believe that this is your first time since we have gotten our new city pins. Taylor: Yes, it is. Item 4: Adoption of the Agenda: De Weerd: So, I'd like to offer you our city pin and thank you. Okay. Item 4 is adoption of the agenda. Zaremba: Okay. Madam Mayor? Let me look real quick here. De Weerd: Mr. Zaremba, you want to pull your mike toward you. Zaremba: Yes. Thank you. All right. On the Consent Agenda there has been a request to withdraw Item G and a request to withdraw Item H. Under Department Reports there has been a request to add an item B-2. The fire department would like a discussion of the aerial truck ladder. Item 10, which is a public hearing, there is a request to continue that to either the 2nd or the 9th of September and I'm guessing we will probably do that to the 2nd, unless there is some objection. Item 11, a request to continue that to the 2nd of September. Item 12, a request to continue to our meeting on the 26th. And that's our budget hearing. Are we continuing anything to that meeting? Holman: Madam Mayor, Members of the Council, the budget hearing starts at 6:00 and, then, the regular meeting starts at 7:00 and we have other public hearing items on the 26th. Zaremba: All right. Thank you. Okay. So, that is all the modifications to the agenda. I move that we approve the agenda as modified. Bird: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation for 2008 Western States Police 8~ Fire Games: Meridian City Council August 12, 2008 Page 3 of 52 De Weerd: Okay. Item 5 is a proclamation of the 2008 Westem States Police and Fire Games and we do have a representative from the Meridian Police Department here to receive this. So, Bob, why don't you come on up. And while I read this proclamation, starting tomorrow we have the privilege of being one of the host cities in the Treasure Valley for these games and we do encourage you to find out more about these games and to participate and support our police and fire from throughout the Treasure Valley in these competitions. So, I will go ahead and read the proclamation. Whereas, the 2008 Westem States Police and Fire Games are being hosted by communities in the Treasure Valley, which includes Meridian, and whereas this is the third largest sporting event in the world and whereas WSPFG -- everything is an acronym -- is a multi-sport Olympic style athletic event held annually to promote the physical and mental well being of professionals in the police and fire services and whereas these games provide a friendly, competitive and social environment to encourage and pay homage to the camaraderie among these men and women through sports and whereas the police and fire departments of the City of Meridian have taken the challenge of providing the venues of several of the sporting events and whereas the members of the Meridian Police and Fire Departments and their families are willing to fill pivotal roles as organizers, volunteers, participants and good will ambassadors for these games, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim August 16th through the 23rd, 2008, as Westem States Police and Fire Games Days in the City of Meridian in recognition and celebration for the commitment and dedication of these public servants visiting our community. I will present this to you. I did see a mistake on it that we will have to correct and -- but we do hope that you also have an opportunity to share this with the other organizers and if you would give us a brief overview of the ceremonies or the events and certainly the dodge ball team that we have put together. Thank you. Stowe: Thank you very much. Well, first off, I'd like to thank the Mayor and the Council for their continued support in this endeavor. It's been a long two years bringing them here, but we are finally seeing the fruits of everyone's labor and support coming true. Yes, it is true that the Meridian Police Department will have a dodge ball team in competition next Monday, led by none other than Chief Lavey. De Weerd: That will be fierce competition, right, Chief? Stowe: It will be fierce competition. But we do have other events throughout the area, too. Here in Meridian we have baseball, basketball, beach volleyball at Roaring Springs. We have a multitude of events throughout the area. So, I do encourage the public to come out and watch these events, support your local police and firemen and as we compete against some of these teams that have been playing together for a long time and if you have any questions you can call me at the police station or you can visit the website at www.2008wspfg.org, which stands for Westem States Police and Fire Games. Thank you very much. Meridian City Council August 12, 2008 Page 4 of 52 Item 6: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: AZ 08- 006 Request for Annexation and Zoning of 0.92 of an acre from R1 to an R-2 zone for Alter Property by Denise Alter - 2741 East Leslie Drive: B. Findings of Fact and Conclusions of Law for Approval: 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 North hickory Condominium by Hickory Land Partners, LLC -1020 North Hickory Avenue: C. Sanitary Sewer and Water Easement Agreement for Three Corners Subdivision by David 8ti Luane Dean: D. Addendum to Development Agreement: MI 08-005 Request for a Miscellaneous application to amend the existing Development Agreement to allow the construction of the four eight-plexes prior to the construction of the Pine/Ten Mile Intersection for Sommersby Subdivision by Liberty Partners, Inc. -Northeast Comer of West Pine Avenue and North Ten Mile Road: E. Change Order No. 2 with K2 Construction for Water Division Phase 2 Project for $5,069.95: F. Water Main Easement Agreement for Fuller Park by Western Ada Recreation District: Approve G. Buss Mechanical Change Order No. 3 for Additional Work to Existing Contract for a Not to Exceed Amount of $10,068.00: Request to Withdraw from Keith Watts H. Directive Approval for Weed Abatement, 1528, 1516, and 1440 West Cherry Lane: Request to Withdraw I. Approval of TRS Range Services-Contract Addendum for Revisions for Preliminary Indoor Range Design for $3,000.00: De Weerd: Thank you, lieutenant. Okay. As we are just drying up over here, Item No. 6 is our Consent Agenda. Zaremba: Madam Mayor? Meridian City Council August 12, 2008 Page 5 of 52 De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda I would remind everybody that Items G and H have been withdrawn. I would also restate for the record that on item E that the change order with K2 Construction for an amount not to exceed $5,069.95. Item I is a service contract addendum with TRS Range for an amount not to exceed 3,000 dollars. And with that I would move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Before we move into the Department Reports, if any of the members from the public are here for Items 10, 11 or 12, they are requested to continue because of posting or other reasons. So, we apologize if you're here tonight for any of those items. Are any of you here for any of those items, if you will raise your hand. Okay. Well, good. Then, I don't have to apologize. They were not signed, so we do have to continue them. Item 7: Department Repoirts: A. Sanitary Service Department: 1. Update about Annual CPI Rate Adjustment: De Weerd. Okay. Item 7 is Department Reports. We will start tonight with Sanitary Services and ask Steve to come forward. Sedlacek: Thank you, Madam Mayor, Members of the Council. I think in your packet you have a memo, dated August 12th from me, regarding our standard annual rate increase. And the rate increase is tied to our contract. One of the difficulties or issues that we need to talk about tonight is the county land fill rates. I have assumed in this memorandum, since I have heard that the rates will be going up October 1st, unfortunately, the commissioners have not published what the rates will be, but I must come to you on a certain schedule to hit my timelines to be effective October 1st, in case we need to go to a public hearing. So, I need your guidance on this issue, I guess. What I have heard is the land fill fees will go up at least 25 percent, but most likely 50 percent. Merldlan City Council August 12, 2008 Page 6 of 52 De Weerd: Fifty? Sedlacek: Yes. And that's on the heels of last year's 67 percent increase. So, basically, this memorandum is based on a 50 percent landfill rate increase and, then, CPI, which I guess my thought was if you have a public hearing, it's better to say what the highest possibility number is and, then, say, well, it didn't do that, than say, well, you know, it's really -- go to a public hearing and say, well, really, the answer is a dollar more than we told you. That's probably not going to fly. So, I -- this is not a situation that I have been in before. I'm not sure how to resolve it. Basically, if you want to go to the memo we can do that. It leads to a two dollar a month rate increase per household. Forty-six cents of it comes to me and $1.54 goes to the county. The 46 cents is, basically, a fuel increase. The CPI this year is about four and a half percent, which is, actually, the highest consumer price index we have had in the 11 years. It's usually around two and a half, now it's four and a half. So, I'm not sure if you want me to go through the memo or how you want to proceed on this kind of quagmire that we are in a little bit. De Weerd: Steve, when is the commission going to entertain the rate increase? Sedlacek: They have been hearing about it from staff, as I understand it, for many months, but haven't acted. De Weerd: And there is no anticipation of a date? Sedlacek: Every time I call I hear it will be next week, but that's been going on for a month, so -- De Weerd: Well, I would be more than happy to call as well. Sedlacek: I think that would be great. De Weerd: Council, would you like Steve to have had a chance to take a look at it. We d what would your preference be? go through his memo? I'm sure you all o need to set this for a public hearing, so Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: My preference would be to go ahead with the public hearing with the highest -- we can always come down. Nobody will ever complain if you come down and -- but, we can't raise and we don't know what -- and Idon't -- I'm sure the commissioners are Meridian City Council August 12, 2008 Page 7 of 52 waiting to see what they are going to have to have, too. So, that would be my preference. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I agree. Set it -- set it for a public hearing with the rate increase as directed by Sanitary Services in their memo and see if there is action between now and the public hearing. Sedlacek: If there is action between now and then -- excuse me if I could interrupt. Should I -- would we need to republish? De Weerd: No. I would just publish it for the highest rate and you can -- we can always go down and that would always be appreciated. Sedlacek: Okay. De Weerd: And I will see what I can find out tomorrow as well as to a decision date. What is the earliest date we can post -- post this for our public hearing? Holman: Is this for a rate adjustment to take place October 1st; correct? So, you would need to publish before that. Sedlacek: The rate is effective October 1st, but on the billing cycles, then, you would see a partial rate bump on the 20th billing and a full rate bump on November 5th, if that's the billing cycle. Holman: So, we could publish the end of September, beginning of October. I'd prefer to -- if we could to do it in September. And we publish these for two weeks. De Weerd: You probably would want, yeah, sufficient time for public viewing and -- Sedlacek: Since it's effective October 1st, I don't know -- I don't know how the timing works, how far back you have to go in the cycle. Holman: We have to have it in the paper twice and I believe it has to be seven days a part. Is that correct, Ted? Baird: Madam Mayor, Members of the Council, that's correct. Holman: So -- Meridian City Council August 12, 2008 Page 8 of 52 De Weerd: 16th? Baird: Workshop. De Weerd: Oh, it's the third one. So, the 9th. September 9th. Sedlacek: Okay. De Weerd: Okay. Sedlacek: That would be the public hearing date? De Weerd: Yes. Sedlacek: Okay. De Weerd: It also gives us time through the public noticing to adjust the rate if there is a decision by Ada County before that time. Sedlacek: Excellent. De Weerd: Okay. Council, any further questions for Mr. Sedlacek? Rountree: I have none. Borton: Madam Mayor? De Weerd: Yes. Borton: Real quick one, Steve. I love these updates, these quarterly deals -- Sedlacek: Yes. Borton: -- you guys put together and one thing jumped out I had to ask it. You have got an industrial standard estimate of 98.2 percent participation in the curb side recycling. I'm kind of catching you cold, but that -- so you know what the estimate is? Sedlacek: Well, historically we run about 70 percent and that number is too high. We don't physically audit every house every month to know the true numbers. So, what we do is we count the number of stops and, then, we have a calculation that converts that to a percentage, because we figure that not every house puts out every month -- or every week, but they put out at least once a month. So, anyway, through this -- through this calculation, if we have been overzealous in counting houses that number will artificially go up. Now, it's a great number. The accuracy is somewhat iffy. Meridian City Council August 12, 2008 Page 9 of 52 Borton: Okay. Sedlacek: Did I say that right, Samantha? Borton: Okay. De Weerd: Well -- and SSC has been constantly working on their public relations and their business outreach and increasing the participation in their recycling program. With the commingling program I think you have seen increased participation, so that is -- that's really encouraging. Sedlacek: And one thing about landfill fees going up is recycling will go up a lot. That's the good side to higher prices. It's not -- you know, it would be better if they were lower prices, but anyway. De Weerd: Yes, indeed. Borton: Silver lining. De Weerd: Anything further? Okay. Thank you. We will see you next month. Sedlacek: Thank you very much. B. Police Department /Fire Department: 1. Discussion of Command Trailer /Radios: De Weerd: Okay. Thank you. Okay. Item 6-B under the police and fire departments. Which chief are we hearing from? Lavey: Madam Mayor, Members of the Council, last week I was giving the directors an update and the Mayor an update and, then, I suggested that we come to Council and give you an update as far as the incident command trailer. And as you're aware of, last year we budgeted 78,000 dollars for an incident command trailer to be shared with both the police and fire department. Our hopes with having the customized trailer was also to add numerous radios into that vehicle and we were going to look and see how much -- how much money we had left and, then, add the radios and we soon realized that we weren't going to have enough money and -- when the radios came back at 35,000 dollars out of the 78,000 dollars that we budgeted. So, what we did is we applied for a homeland security grant -- excuse me. I'm kind of losing my voice. A homeland security grant. And over the past couple of years we have had some success with those and, then, other times we have not had success and I'm here to tell you today that we were unsuccessful in that grant and so, therefore, we didn't have the 35,000 dollars. Meridian City Couhcil August 12, 2008 Page 10 of 52 On the other hand, with that bad news I have some good news is the police department was successful with two grants. One for 168,000 dollars and one for 34,000 dollars. And, basically, what that means is the 350 some odd thousand that we budgeted last year for the conversion to the analog to digital radio system, we have monies left over. We have about 104,000 dollars. And what I have done is although we have been unsuccessful in the grant for the incident command trailer, we still have been successful in other grants and so with my excess monies I have prepared a purchase order for the 35,000 dollars for the incident command trailer and it should have been in Mr. Bird's hands today and, hopefully, he's signed that and if he did not, then, we can discuss that further. And so, basically, I just wanted to give you a -- kind of a heads up of what's going on, so you're aware of it. There is no hidden agendas there. And, then, basically, entertain any questions that you may have in regards to the incident command trailer. So, with that -- De Weerd: Thank you, chief. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Rountree: Good explanation. Lavey: That was real easy. And you get -- you get a twofer today. You get to hear from Chief Anderson next. De Weerd: Thank you, chief. I will say that still that Chief Anderson, being a guest at the ceremony that Chief Lavey held last night, he beat you hands down in the length of presentations that he made. So, you're one up on him on the less words count. Anderson: The rumor mill's been flowing today. I heard that myself. So, yeah. Bird: Did they have donuts? Anderson: What do you have at a police picnic, donuts or -- donuts on the barbee? I don't know. Anyhow. So, I'm here to talk to you tonight about the purchase of an aerial ladder truck. This is something that we had requested in our 2009 budget and in that process we had talked to you and we told you that in our research in deciding which apparatus to buy that we would look at what they call stock trucks or demo trucks that are built by the manufactures that go out there and they kind hit the circuit and they go around to all of the national shows and see if we couldn't find a better deal on one that had been used as a demo or something like that. And so after the budget process and after we finished up with our 100 year anniversary, we got to work and started looking at Meridian City Council August 12, 2008 Page 11 of 52 what fire trucks are available out there and we found a 2007, I believe it is, aerial ladder truck. It is brand new. It's been on the circuit hitting the shows. It is almost to the T exactly what we would order if we ordered that truck today. This one actually probably has a few more features to it than what we would probably order if we were spec'ing it out, but in my conversations with the manufacturer, if we were to buy this same apparatus today and we were to spec it out and order it October 1st, this aerial ladder truck would cost us about 65,000 dollars more money, because the trucks have taken a four percent increase, plus they are going to discount this one, because it's a demo model and it has 6,000 miles on it. So, I'm coming to you tonight to ask for your approval and ask for authorization for the Mayor to sign that we enter into a contract to purchase this aerial truck. It will not be delivered before October 1st, so it will be in our new fiscal year. I have talked to the finance department to make sure that everything was okay and that we could do that. I believe you received an a-mail communication from the finance director today stating that it was okay to do that. And so with your approval, we would like to move ahead and see if we couldn't save a little bit of money for the taxpayers on the purchase of this aerial. It also will have some side benefit to us because we are due to get our rating from the Survey and Rating Bureau and we were just -- we were in phone conversations with them to bring them in to start the rating process after the opening of our new station five and this aerial truck will considerably help in that rating process. So, if we can get one here shortly after October, then, we can probably count that in the rating. If we were to wait and order one after October 1st, it will take almost a year. So, it would be next October before it would actually be built and be delivered. So, I see this as a win-win for us. We save money. We get the aerial truck sooner, with a possibility of lowering our fire rating from the insurance bureau, which, in tum, can then lower homeowners fire insurance premiums. So, we are asking for your approval, for the Mayor to enter into a contract and sign and purchase this aerial. And I'd stand for any questions. De Weerd: Thanks, chief. Council, questions? Bird: I have none. Rountree: I have no questions. De Weerd: None? Okay. I would entertain a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve the request to accelerate the purchase of the aerial ladder truck, saving 65,000 dollars. Bird: Second. Meridian City Council August 12, 2008 Page 12 of 52 De Weerd: Okay. And so that would be for 873,521; correct? Bird: That's right. Zaremba: I believe that's correct. I was trying to emphasize the savings, not the -- De Weerd: I just wanted it read into the public record the amount. Baird: Madam Mayor? De Weerd: Yes. Baird: With regard to the contract, legal would be looking for a specific motion to allow you to sign the purchase agreement and I would recommend that if it's on similar terms to other agreements that we have entered into this with -- with this company and, then, we will bring back to you for ratification, but I sense some urgency to get it signed, so we can secure this particular vehicle. So, we would be looking for that particular motion. Zaremba: All right. The motion does include authorization for the Mayor to sign. Bird: Second agrees. De Weerd: Okay. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you, chief. Anderson: Thank you very much. Appreciate it. De Weerd: I look forward to seeing that come off my homeowners insurance. Zaremba: Oh, Madam Mayor and chief, I believe you mentioned -- we have pictures showing this, but I believe you mentioned that the factory was going to take it back and paint the top of it black like our new -- the new look for Meridian, so -- Anderson: That's correct, Councilman Zaremba. This one was built for taking to trade shows and as you know we have the new color scheme that we purchased on the last engine, so part of this agreement would be that they paint it up and match the same color scheme, so that it will look like the pumper that we recently received, so -- Meridian City Council August 12, 2008 Page 13 of 52 Bird: Man, that's nice. De Weerd: That is nice. Thank you. Anderson: Thank you. C. Parks Department: 1. Request to Charge Fees for GIFT Fundraiser: De Weerd: Okay. Our final Department Report is the Parks Department. Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. We are here to discuss with Council a request to charge fees for a fundraiser for an organization called GIFT. The organization GIFT is going to be holding an event in Settlers Park in association with our movie night next week on August 22nd. We are -- we have met with legal and I believe that most of the items of their event are taken care of with concessions and vendors, having a silent auction, DJ, things like that. But one of the things that needs to come before Council is their desire to charge fees in association with two specific parts of their event. One for bouncy houses and one for a home run derby, which they would like to have. In talking with a couple of Council members and trying to find out if there is a hard and fast rule on these fees, it's my understanding that they are determined on a case-by-case basis and looking at potential competition with the private sector. So, I have asked Susie Johnson here with the GIFT organization to address Council and provide some details about their event and their organization and to request -- make that request and receive your determination. So, with that, Susie, would you, please, come up? She does have some brochures that she's going to hand out here. Johnson: Hi, Madam Mayor, Members of the Council. My name is Susie Johnson and my address is 3397 West Park Creek Drive in Meridian. I think Steve talks much better than I do up here. This is really out of my comfort zone. But we have decided -- my friend and I, Tammy Hurd, created this organization to help families in trying times and this is a family, the Rodriquez family, which is on this flier. We have passed around these fliers to get sponsors for this event and we have received quite a good positive -- can't think of the word -- feedback reaction to -- to what we are trying to do and this is just -- this is just a bunch of volunteers getting together to raise a bunch of money for a family that needs it. He's suffering from brain cancer and we are just trying to help out their family. They -- they are just right here in Meridian. Their children are in Chaparral Elementary. He has three young girls. And the school has volunteered to help with artwork. We have a bunch of silent auction -- silent auction items that have been given to us and this was only -- this was the part that we were finding issues with. We didn't understand that we weren't allowed to charge a fee for part of the fundraiser. So, what Meridian City Council August 12, 2008 Page 14 of 52 I'm standing here for -- and you can ask whatever questions want. We just wanted to charge a five dollar fee for the home run derby and we have it all organized by age, four different groups. Jeff Hurd is kind of heading up that part of our fundraiser and, then, also we have an area that we have jump houses and a rock wall and also a climbing wall and we wanted to do bracelets for five dollars, so that we could raise that much more money, because not everyone is going to be able to do the silent auction items and we felt that there is so many activities that are already free to the public at the park, that this might -- that this would be okay and it's very public, we are on seven radio stations, and we have 5,000 fliers that we are passing out starting tomorrow. So, I ask Madam Mayor and Members of the Council if we can charge this, if you have questions forme, what we need to do. De Weerd: Council, questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Is your organization a 501(c) (3)? Johnson: We have tined to -- we are working with an attomey.and we have not been able to get that accomplished before this event. So, we have the paperwork in order, but because of the lengthy process of it, we haven't been able to process all of that before this, because we started in February or March, we just decided to do it and so we don't have all the paperwork done for that. But we do have plans to finish that at the end of summer when this event is done and we have our lives back a little bit, then, plan on going forward with that part. Rountree: Are you incorporated? Johnson:. No. And the insurance is in my name. So, if something goes wrong it's on my back. I'm insured and the Parks Department has that information for this event. Rountree: And you do have sufficient liability insurance? Johnson: Yeah. It's -- we have the policy right here. Do you need to see that? De Weerd: I think the legal department probably needs to see that. Mr. Baird. Baird: Madam Mayor, Members of the Council, our department has been in touch with our insurer through ICRMP and the first go around they found what was offered to be inadequate and there is -- they may have reviewed -- Johnson: I think we did it three times. Meridian City Council August 12, 2008 Page 15 of 52 Baird: Okay. Johnson: And now we finally have adequate -- Baird: So, you have been blessed? Johnson: Yeah. Baird: Okay. Very good. So, we have been involved in the process. The issue that arises with the charging of a fee is that the recreational immunity is waived for that portion of the park where the fee is being charged, potentially the entire park, just depending on how it would be interpreted by the court. So, that's why it's important that there be that certificate of insurance with the city named as an additional insured in situations like this, if you decide to go forward with the fee. De Weerd: Thank you. Council, any other questions? Okay. You do have a request in front of you and we would need your direction on that. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that -- well, I guess it's five dollars is the fee you're going to charge for everything? Johnson: Well, it will be five dollars for the home run derby for those who want to do it and, then, there is a five dollar fee for the wrist band area. Bird: That's what I mean. Johnson: Yes. Bird: Five dollars. Johnson: Well, separate. They are separate. Bird: They are separate, but they are the same price. Johnson: Yes. Bird: One's not going to be ten and one's not going to be five. Johnson: No. Meridian City Council August 12, 2008 Page 16 of 52 Bird: Okay. I move that we allow G-I-F-T, GIFT -- Johnson: Yes. Bird: -- to proceed with their charging for home run derby and also for the selling of bands on the Friday night with the fee not to exceed five dollars. Rountree: Madam Mayor, I will second that if the maker of the motion would stipulate that this motion also included that they had to provide sufficient insurance. Bird: Oh, yes. They do have to do that. De Weerd: Okay. I have a motion and a second. Discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: And I probably should have asked this early, but I just thought of it. Some groups put up signs that say that this is a voluntary contribution; although you're supposed to feel like it's not. Would it be safer for us if they had such a sign or is charging a fee the same -- same difference? Apparently that's not an issue. Never mind. De Weerd: Mr. Gorton? Gorton: No. De Weerd: Okay. Rountree: Madam Mayor, I guess just a comment before the question's called. This could be a start of things to come and I think we need to have a policy and establish the guidelines and the criteria that have to be met in order to do this, because we do not want to get into a situation where we are competing with private enterprise. Gorton: Madam Mayor? De Weerd: Mr. Gorton. Gorton: Kind of to dovetail on your comments, I mean my understanding is the policy is you can't do it and that might be the policy. Part of this exception going forward, it might be helpful to have, you know, maybe a more detailed review of what additional risks the city might be facing. Meridian City Council August 12, 2008 Page 17 of 52 Rountree: I agree. Borton: And the insurance exceptions, we have got to try and create to make this happen and along those lines see if it's worth creating a policy, because I agree, it's a slippery slope and, you know, it's a great cause, but, you know, there will be more requests, so -- Johnson: Madam Mayor and Members of the Council, I'm just going to add that I don't -- for the situation that we have been, since we are not a business, afFliated with a church or business, any organization, just ourselves; it has been a difficult process. We have lots of support from parks and rec and other things, but I don't know too many people who would undertake this and actually follow through with it. It's a lot of work and it's a lot of red tape and so I just want to tell you that if we didn't really believe in it we wouldn't be going through with making this such a big event. We would make it much smaller. We would not charge at the park, we would not do any of that. But we just felt that in this case it was worth all the work to go forward with it. So, I don't know how many private individuals would try to -- not to boost myself up, I'm not saying that at all, honestly. I'm just saying it's not an easy process, as it is right now. So, just for your -- I don't know if that helps at all. De Weerd: Thank you. Any further discussion from Council? Comments? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Johnson:. Thank you. Rountree: And thank you for caring. Item 8: Items Moved from Consent Agenda: De Weerd: Okay. There were no items moved from the Consent Agenda. Item 9: FP 08-013 Request for Final Plat approval of 1 building lot and 2 common lots on 4.96 acres in an L-O zone for Paramount Church Subdivision by Paramount Development, Inc. -West of North Meridian Road and north of West McMillan Road: Meridian City Council August 12, 2008 Page 18 of 52 De Weerd: So, we will move to Item 9, which is FP 08-013. I will ask for staff comments at this time. Canning: Madam Mayor, Members of the Council, this is the final plat for the Paramount Church Subdivision. We have a letter now from the applicant with modification to the conditions of approval that staff is comfortable with. The issue at hand was just that the applicant didn't want to construct the landscaping requirements with the plat, they would prefer to do that with the certificate of zoning compliance for the church and since it's a one lot subdivision staff has no concerns with that. So, with the modified -- or the letter from Brighton Corporation, dated August 12th, that notes it's a revised letter in red up at the top, with those changes staff is recommending approval of the final plat. De Weerd: Thank you. Council, any questions? Rountree: I have none. De Weerd: If there are no questions, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item No. 9, FP 08-013 with the revisions as of August 12, 2008, agreed to by staff. Bird: Second. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 9. 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 10: Continued Public Hearing from July 22, 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: Thank you. Item 10 has been requested to continue. Meridian City Council August 12, 2008 Page 19 of 52 Canning: Madam Mayor? De Weerd: Yes. Canning: On Item 10 it said either September 2nd or September 9th. I wasn't -- I had misread the applicant's request as September 2nd. They are requesting September 9th. So, if you could continue to that day that would be best. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Did you open it? De Weerd: It was opened in July. Zaremba: Okay. I move that we continue Item 10, AP 08-003 to our regular scheduled meeting of September 9th, 2008. Bird: Second. De Weerd: Okay. I have a motion and a second continue Item 10 until September 9th. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: AP 08-004 Request for City Council Review for a McDonalds Redbox (DVD kiosk) located in an approved C-N zone by Anna Canning, Meridian Planning Director - 3415 West Cheny Lane: De Weerd: Item 11 is a public hearing on AP 08-004. I will open this public hearing. This has also been requested to continue to September 2nd because of lack of posting. Zaremba: Madam Mayor, I move that AP 08-004, Item 11, be continued to our regularly scheduled meeting of September 2nd, 2008. Borton: Second. De Weerd: Okay. I have a motion and a second to continue this public hearing of item 11 until September 2nd. All those in favor say aye. All ayes. Meridian City Council August 12, 2008 Page 20 of 52 MOTION CARRIED: ALL AYES. Canning: I will make sure I reprimand that applicant for not properly posting that. Item 12: Public Hearing: PP 08-007 Request for Preliminary Plat approval of 21 building lots on 12.62 acres for Una Mas by Una Mas, LLC - 3945 E. Ustick Road: De Weerd: We appreciate that. Okay. Item 12 is a public hearing PP 08-007. 1 would -- there has also been a request from the applicant to continue to the 26th of this month. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue Item 12, PP 08-007, to our regularly scheduled meeting of August 26, 2008. Gorton: Second. De Weerd: Okay. We have a motion and a second to continue the public hearing for Item 12 to August 26. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: PP 08-005 Request for Preliminary Plat approval of 5 commercial lots and 1 other lot on 10 acres in a C-G zoning district for Kniahthill Center by James Wylie -SWC of W. Chinden Boulevard and N. Linder Road: Item 14: Public Hearing: MI 08-003 Request for Miscellaneous application approval to modify the recorded Development Agreement for KniAhthill Center Subdivision by James Wylie -SWC of W. Chinden Boulevard and N. Linder Road: De Weerd: Items 13 and 14 are public hearings on PP 08-005 and MI 08-003. I would ask for staff comments as I open these two public hearings. Canning: Madam Mayor, Members of the Council, this is the Knighthill Center project. It's located on the southwest comer of Chinden and Linder. And the applications before you tonight are a preliminary plat and a DA modification, development agreement modification, and also there is a private street included in the staff report. The project includes five commercial building lots and one common lot on 10.01 acres and, again, with private streets and a development modification to replace the previously approved Meridian City Council August 12, 2008 Page 21 of 52 concept plan for the property. The applicant is modifying the previous preliminary plat approval granted in 2006. There were four lots in the previous plat and three buildings. Access points are not changing from the previous approval. So, the three access points remain the same. The previous concept plan depicted just four buildings or pad sites with varying uses on the site. A grocery store, retail, bank and a restaurant. The new concept plan proposed for this site is showing 13 buildings, as you see them here, ranging in uses from a convenience store, fuel sales, multi-tenant retail, a bank and office uses. The previous concept plan was also approved with a total of 109,750 square feet of retail space and the new concept plan proposed -- depicts roughly half that amount of square footage at 56,300 square feet. Staff had included in the new DA provisions that allow a maximum of 40,000 square feet of retail uses and 30,000 square feet of office uses on the subject site and I think the applicant is going to request that the 40,000 figure be raised. Additional DA provisions to be included in the amended DA include that it needs to substantially comply with the concept plan. Any future buildings need to comply with the elevations in Exhibit A. I can show you those. Any future buildings fronting on Chinden Boulevard and Linder Road should be subject to design review. Future retail uses shall not exceed the 40,000 and office uses shall not exceed the 30,000 square feet. There should be a central plaza located on lot four as depicted on the concept plan and maybe the applicant can point out that plaza-when they come up. And any future drive-thrus will require conditional use approval and they shall set aside a minimum of a hundred feet of property from the center of Chinden Boulevard for the future roadway expansion. Showed you the elevations previously. The Commission recommended approval at their June 19th public hearing. James Wiley spoke in favor. Ron and Sharon Taylor and Shawna Longland spoke in opposition. The key issues of discussion were additional or more dense landscaping to screen those homes adjacent to the southern property boundary along here from the proposed office uses. And the extension of Gertie Place into the proposed development. This is Gertie Place. There were no key changes to staffs initial recommendation. Regarding the outstanding issues, some of the neighbors had concern with the extension of Gertie Place into the proposed subdivision. Staff and the commission support the extension of the street into the development. I'm going to go back out to the zoning one to -- to kind of demonstrate why. Gertie will not -- using Gertie will not provide ashort-cut to anywhere other than if you happen to live in this neighborhood. So, it really will be the neighborhood's access to the property. To get anywhere else you would have to take a very circuitous route to get down to the main entrance on Cayuse Creek Drive. So, it is not going to become a cut through, except for folks that already live in this area. And it does provide that additional access if you -- if, indeed, we are able to get a grocery store here, it provides convenient access into that neighborhood for neighborhood shopping. The other access will come along Everest Lane here off of Long Lake Way and, then, down Everest Lane and they will have a direct access off of Linder. They are not proposing an access to Chinden. And with that I will answer any questions Council or Mayor may have. De Weerd: Thank you, Mrs. Canning. Any questions from Council? Meridian City Council August 12, 2008 Page 22 of 52 Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the previous iteration, which, actually, had a big building right here blocking West Everest Lane and I'm glad to see that gone, but West Everest is a private street belonging to the neighboring subdivision and on the previous iteration there was a requirement, which apparently is what the DA was about, that they get together and provide cross-access, so that people could use West Everest and that people on West Everest come through this property to get to Linder. Is that still a provision of the DA? Canning: To my knowledge that issue was resolved quite some time ago, but I can take a quick look while you're taking any public testimony and I'll double-check. Zaremba: Just want to make sure the cross-access didn't get lost in the -- Canning: I'll double-check the conditions of the staff report. Let me find that. Zaremba: Only an issue because it's a private street. De Weerd: Okay. Anything further from the Council at this point? Okay. Is the applicant here? If you will, please, state your name and address for the record. Wiley: James Wiley. 1676 North Clarendon, Eagle, Idaho. De Weerd: Thank you. Wiley: Madam Mayor, Members of the Council, my name -- or James Wiley. Excuse me. I'm -- hoarse throat. We have made this application. To address what you just said, there is across-access agreement in place and that will cant' through for -- for the project. All the streets they have requested to be private within the subdivision, just simply because it was kind of a -- how are we going to take them, where were we going to stop the public, where were we going to start, but we are trying to develop Linder -- or the access off of Linder and the extension of Gertie Place to city standards. So, they are going to be a little bit wider than normal -- and certainly wider than Everest. Everest is 25 feet. Extension of Gertie I believe we have at 32 feet and off of Linder I think we are at 36. I don't know if that's exactly right. But I believe that's what we have it at. We requested this development modification agreement and the change, because we think it's more suitable to what we are likely to find for the market. We don't happen to have a grocery store right now that wants to go in. If we did, then, we would be happy to try and adapt to them. But right now we don't have that available. We would request that, Meridian City Council August 12, 2008 Page 23 of 52 as Anna said, that the maximum amount of square footage for the retail increased to 50,000 square feet, as opposed to 40,000, which is in the development agreement, which is on page seven and page eight of the analysis. Simply because if we do have a larger user come in, like a grocery store that needs a little bit more square footage, we want to be able to adapt to them. And as I said, right now we do not have anything like that available to us. Aside from that, we agree with all the conditions of the Planning and Zone Department of the City of Meridian and I will stand for any questions. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Wiley, if you could point out the central plaza on Lot 4. Wiley: That way? Canning: Is that it, James? I'm not sure where it is. Is it this? Wiley: Yes. It's that and, then, we have to the south of that, down in that area, we are -- I'm sure this works somehow. De Weerd: Sir, if you can pull that mike out. Thank you. Wiley: Yes. This area we are trying to create some seating area in here, in here, and in here for people that might be employees or customers. Rountree: Thank you. De Weerd: You know, when this originally came through there was a quite impressive entry comdor amenity identifying Meridian and I do understand -- does that continue to be part of this development? Wiley: We had a water feature that was on the original application at the comer -- the hard comer of Chinden and Linder and we did want to continue having that and we will do that. So, that is our intention right there has depicted. De Weerd: Okay. Council, any further questions at this point? Bird: I have none. De Weerd: Okay. Thank you. Meridian City Council August 12, 2008 Page 24 of 52 Wiley: Thank you. De Weerd: I do have a couple people that have signed up. If you would like to provide testimony when I call your name, if you will come forward at that time. John or Karen Wallace. Okay. Signed up as neutral. You would need to -- if you would like to make comment, it does need to be on the public record. Thank you. If you will, please, state your name and address for the record. Wallace: Karen Wallace. 1688 West Rattlesnake Court, Meridian, Idaho. De Weerd: Thank you so much. Wallace: We are gong to be on -- right off -- we are on Rattlesnake, right off of Gertie Place where this is going to dump into our neighborhood. Even though they are saying it's not a thorough through there for public traffic, our subdivision has over 600 homes. We are back in a court, but the traffic situation that we get through now, trying to get an access out of there from commercial trucks -- we have big diesel trucks even come through there and, then, to tum and back a thousand times, keep jacking around to get out of that court. I have a feeling it's going to be a lot more traffic than what you anticipate. Also we are womed about when they go to put these berms in, how high are they going to be? Because we have noticed when they do put berms in, they put them in at a sufficient height, but they do compact down. Also what size plantings will there be in gallons or how massive a planting will there be or do we have to wait 20 years for this to be kind of hidden from our--our homes. Those are my questions. De Weerd: Okay. Thank you so much. Okay. John and Stephanie Downing, also signed up. Downing: I'm Stephanie Downing. 1802 West Rattlesnake Drive. This directly impacts our house. We built our house here because it's a wonderful community and our lot is one of the bigger ones and directly behind our lot now will be a building. So, again, I am concerned also about the landscaping. Are they going -- are we going to have to wait ten, 15 years for it to be camouflaged? And also my other concern is the lighting. At night is it going to be so lit that our house is going to lit up at night in the back? Our bedrooms are in the back of our house. So, those are my two main concerns. De Weerd: Okay. Thank you very much. Okay. This is a public hearing. Those are the two that have testified -- signed up. Is there any further testimony from the public on this application? Yes, sir. Taylor: Hi. My name is Ron Taylor. I live at 6168 Gertie Place. Right next to the entrance right -- De Weerd: Right there? Meridian City Council August 12, 2008 Page 25 of 52 Taylor: Right there. De Weerd: Okay. Taylor: And I have talked with Mr. Wiley when I was here at the last meeting. We didn't understand anything at all about widening Gertie to get in there. So, are they going to take it out of our front yard or where is it going to come from? De Weerd: I think I would be interested in hearing that, too, if I was there. Taylor: Yeah. So, that's what I would like to know. De Weerd: Thank you, sir. Okay. Any further testimony? Okay. Is the applicant -- oh. Yes, sir. Tsupa: My name is Ivan Tsupa, 6175 North Linder. The house on the comer. I was wondering if the entrance to our house, where it will be made, if it could be shifted and how far is it from our property line. De Weerd: Okay. So, you're this property right here? Tsupa: Yeah. De Weerd: And it looks like you have an access out on that one? Tsupa: Right now we are -- our entrance is off of Linder and from what we heard that's going to be closed off, because of expanding Linder. De Weerd: Well, I'm sure the applicant -- or, Anna, are you familiar with that? Canning: Madam Mayor, Members of the Council, I think what's anticipated is that when that property -- I'm trying to look really quickly to see if it's actually zoned yet. It's still in Ada county, so when that property chooses to request for annexation, it's likely, because of its location and the lack of it -- it's likely that they will want a nonresidential use. At that time we would ask them to remove their access and take access from that stub that's being provided. But until that time, then, we would certainly have no mechanism to require them to relocate their driveway. And I don't think I have ever heard ACHD initiating those kinds of requests until there is a development application before them. Tsupa: So, as long as we are still in Ada county we are going to have our driveway? De Weerd: Yes. Meridian City Council August 12, 2008 Page 26 of 52 Tsupa: Okay. Thank you. De Weerd: That's it in a nutshell. Canning: And, Madam Mayor, regarding the landscaping, this is a buffer between land uses, so when the final landscape plan comes in, we will be looking for the full width that's required. I believe that this diagram is five feet short, so they will have to provide an additional five feet. And also the -- the vegetation is supposed to provide a full screen at maturity. We don't have any restrictions on what type of plants people choose, necessarily. So, if they chose some slow grower plant varieties, it may take longer. But the requirement is at full maturity that is supposed to provide a full screen or 80 percent screen. So, that's the best I can give on that. We do have minimum gallon requirements, but it depends on the species and the -- and we have minimum caliper for the trees. De Weerd: Okay. Canning: And, then, I wasn't aware that they are widening the street. So, if Mr. Wiley wants to comment on that, that would be beneficial, but I hadn't heard of that. Rountree: Just widening their portion of it. De Weerd: Okay. Is there any further testimony? Anna, did you have more -- Canning: Yes. I'm sorry. I forgot to address Mr. Zaremba's question. The development agreement currently says -- I had it a moment ago. Sony. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: While you are looking for that, the applicant says that they, in fact, do have those cross-access agreements already, so - Canning: And my only concern was the way the development agreement .reads right now, it just says across-access easement shall be recorded via a recorded document and/or note on the final plat for all lots within the subdivision for private streets and driveways. I think it needs to be expanded to include the adjoining properties a the connection to that other -- particularly to the west. Zaremba: West Everest. Canning: Yeah. Meridian City Council August 12, 2008 Page 27 of 52 Zaremba: Yeah. The private road. Canning: It doesn't include that right now, so if Council wanted to clarify that, I think that would be a good clarification. De Weerd: Any further comment from our planning director? Canning: No. Thank you, ma'am. De Weerd: Okay. Thought I would just ask. Okay. Is there any further public testimony? Okay. The applicant has the final word and some, I guess, questions to answer. Wiley: Thank you, Madam Mayor. Regarding the cross-access agreement, the agreement that is signed and recorded right now does include the properties to the west, so I will be happy to bring a copy of it into you. I thought you already had it. Zaremba: Madam Mayor? I'm assuming from that you would not object if we added that as a requirement, since you already have it. Wiley: No. Zaremba: Okay. Thank you. Wiley: We will be -- the landscape plan that has been submitted is 25 foot, complying with your buffering. The original one was 20 foot. We revised it, so that it would be per Meridian city standards. We will make every effort to buffer the residential neighbors. We understand they have concems. We are going to be digging plenty of dirt out of there. We can make that berm very high, as long as we comply with slope requirements that we are not causing erosion concems. And, then, planting the trees and shrubs in locations that will best benefit the houses would certainly be our ,concems. As far as lighting, we will comply with whatever the city has and I'm assuming we have some cut-off luminaries, 90 degree or whatnot on the backs of these commercial offices and that is one reason we went to the offices, as opposed to having high density or high traffic commercial projects, retail, or whatnot right next to the residential. We thought that there would be a conflict, so we tried to pull higher impact buildings away from the --from the residences and put kind of a lower impact light office use next to them and we are not intending to widen Gertie, it's just Gertie is going to be the same width as it is, which is wider than Everest. Everest is 25 feet and Gertie, I believe, is 32 feet back to back on the curb and that's what we will continue into the subdivision. De Weerd: Okay. Meridian City Council August 12, 2008 Page 28 of 52 Wiley: I think I answered the questions. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Anna to start with. On the landscape design guidelines, is there a berm height recommendation? Range? Canning: Madam Mayor, Members of the Council, Councilmember Rountree, no, but we do have athree-to-one slope requirement. Can't exceed that. So, that may determine the berm more than anything else. Wiley: Which would put it about four feet high. Canning: And I'm glad he can do that in his head, because I wouldn't have been able to figure it out without a drawing, so -- Rountree: Okay. Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question for Anna as well. Can you pull up the larger vicinity map? Canning: Uh-huh. Borton: Can you -- one of the things in the development agreement makes reference to the one hundred feet from center line on Chinden and I know that's come up around this area, whether it would be 70 or 100, has been -- many areas were set at 70 and it really restricts the ability to make it a hundred foot from the center corridor, but can you remind me what the setback is from center line around this property, as you recall? It answers the question of why wouldn't it be 70 feet from center line. Canning: Madam Mayor, Members of the Council, Council Member Borton, this is just memory, so if Mr. Wiley knows better, that he might be the person to go with, but I think that even if it were only 70 adjoining it, you will see that is two lots there, I think one's a landscape buffer and, then, one's another line. So, we had some additional buffer on that, because you may recall these have been coming back in, but even so, as we get to the comer there are always needs for additional right of way for tum lanes, so even if Meridian City Council August 12, 2008 Page 29 of 52 it were just 70, the need for tum lanes would bring about the hundred foot requirement or may bring about that hundred foot requirement. And, then, we are meeting with ITD later this week. ITD is taking special interest in this intersection, especially given the interest by Fred Meyer in developing on the northeast comer and they are looking at different options for the intersection design that could include additional right of way needs. So, this is going to be one of their most high volume intersections along Chinden, because it is the only crossing going over the river. Wiley: And to further reiterate on that, ITD requested a hundred feet. I believe the properties to the west have the hundred foot setback existing, so they are trying to tie that in together. When it gets to Linder it is 60. I think it's 60 aside. Borton: Heading east? Wiley: Yeah. On the east side. Borton: Okay. De Weerd: Sixty? Canning: Madam Mayor, I think he means the width of -- Zaremba: Well, Madam Mayor, I think they are look at the opportunity to correct that as the two opposing properties develop as well. They do consider that to be -- both ITD and ACHD consider that to be a major future intersection. Wiley: Yeah. That's 60 from the center line, so that would be 120 both ways. Or -- no. And I should probably look at that before I speak, but I believe that's what they had. De Weerd: Okay. Council, any further questions? Bird: I have none, Mayor. Rountree: No. De Weerd: Any further comment? Wiley: No. Thank you. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council August 12, 2008 Page 30 of 52 Zaremba: I move we close the public hearings on Item 13 and 14, PP 08-005 and MI 08-003. Bird: Second. De Weerd: Okay. I have a motion and a second to close the public hearings on Items 13 and 14. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 08-005, request for preliminary plat for Knighthill Center, to include all staff comments. Bird: Second. De Weerd: Okay. I have a motion and a second. Do you want to clarify landscaping berm or lighting or -- Zaremba: I was assuming that was part of the development agreement. Rountree: Madam Mayor, Iwould -- Zaremba: Okay. Yeah. Attached to this one on the plat, that would be correct. The applicant has agreed that the landscape buffer is 25 feet. Connection to the small stub street to the south is not being widened. What was the other question? Rountree: Development agreement change to address the cross-access agreement. Canning: That one I was going to do with MI 08-003 connection. Bird: Yeah. Because that's -- Rountree: That's fine. Zaremba: I only made this the first one. Canning: Does the second -- Bird: Second agrees. Meridian City Council August 12, 2008 Page 31 of 52 De Weerd: Okay. Discussion? Rountree: Restate the motion. Zaremba: Okay. Rountree: What are we voting on? Zaremba: The motion is that we approve PP 08-005 with all staff comments, plus the acknowledgment that the landscape buffer is 25 feet. Rountree: Thank you. De Weerd: Okay. Any further discussion from Council? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. Item 14. Zaremba: Madam Mayor, I move we approve MI 08-003 to include all staff comments, plus under the additional provisions for the development agreement, I would add a paragraph eight or a sentence eight that includes that the applicant shall receive and grant cross-access agreements to West Everest and have them recorded properly. Bird: Second. De Weerd: Okay. I have a motion and a second to approve Item 14 with the comments from Councilman Zaremba. Councilman Zaremba, I know in the preliminary plat you mentioned the -- reference to the new landscaping plan at 25 feet, but not the slope. You know, there was a desire expressed during testimony and also confirmed by the applicant that he would do the maximum slope of the three to one. I think it might be worth noting that in the agreement as well. Zaremba: We could do -- add it to my motion. I would add a sentence nine for the development agreement and is that the berm and the landscape buffer shall be built to the maximum height it can, not to exceed the slope requirements. Does that make sense? De Weerd: Does second agree? Meridian City Council August 12, 2008 Page 32 of 52 Bird: Second agrees. De Weerd: Okay. Any other discussion, comments from Council? Rountree: I have none. De Weerd: Okay. Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. De Weerd: Okay. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MDA 08-001 Request for a Development Agreement amendment to include a church and other specified uses designated by the UDC as permitted or conditional in the L-O zoning district for Paramount Subdivision by Paramount Development, Inc. -west of N. Meridian Road and north W. McMillan Road: De Weerd: Okay. Item 15, is a public hearing on MDA 08-001. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Paramount project. We are talking about the portion of it located right along McMillan and Meridian. The application before you tonight is the development agreement modification and this is tied to the church subdivision that you just approved earlier this evening, but it goes a little bit beyond that, too, and I'm going to try and summarize this as best I can. Well, here we go. Paramount was approved as a planned development with use exceptions. The area in question was specifically approved for office uses and townhouses in the planned development. So, the office uses were approved on the northern portion of the property and, then, townhouses at a maximum density not to exceed 12 units per acre where approved on the southern portion of the property. The area was zoned light office, though. So, the applicant's request, the DA modification, to greater specify what L-O uses should be principally permitted as part of the DA, because when they came in for the church, we said even though the church is an allowed use in L-O, all that the planned development said was appropriate for that area was offices. So, they would like to come in and modify the development agreement to be a little more specific as to -- rather than just offices be allowed there. And so that's why we started down this path of the development agreement modification. So, what the applicant's original request was for was for those uses that are principally permitted in the L-O zone and they also asked for some of the uses that are conditionally allowed in the L-O zone. And this would have -- that kind of thinking would have been consistent with the old planned development, but since we don't have those now and they have kind of proven to be Meridian City Council August 12, 2008 Page 33 of 52 difficult, we are kind of moving away from that. So, what staff had recommended is that we just allow the full extent of the L-O zoning. The L-O zoning meaning that if it's principally permitted, they can do it as a principal permitted use. If it's conditional, they do it as conditional. I think we are -- we have come to an agreement on that issue, begrudgingly, probably, on the part of Brighton, but we have come to an agreement on that part of the issue, so --and, then, we get down to the outstanding issue, which is the townhouse area. As I said, before that southern portion, even though it's zoned L-O, was approved for townhouses. Well, townhouses are not an allowed use in the UDC, nor were they an allowed use in the old code. So, they were never an allowed use in an L-O zone. So, we got one of those instances where we have an approved use that doesn't match the zoning. Generally, when folks come in for those, if there is any way for me to twist their arm I do, to make sure that we get the proper zoning on them, because we know what happens when we don't have the right zone on apartment complexes in particular. So, these aren't that kind of density, they would be townhouses. So, what -- I think what we have agreed to disagree on is the issue regarding the townhouses and what's appropriate. Staff is highly recommending that they be required to get a rezone for it. I think the applicant's concern, rightfully, is that they were approved for townhouses on that lot and they are worried if there is a requirement for the rezone, that they may lose that ability to do townhouses and I sympathize with their concern. So, I think what I would see as some sort of compromise -- and I don't know to the extent you could do it, but I believe that it would be appropriate for Council to state that the applicant is entitled to the townhouses at a density of 12 units to the acre, but that the applicant needs to apply for and receive the appropriate zoning concurrent with the plat approval for the townhouses. That would be my recommendation. And, again, the applicant is concerned about losing what they see as some -- an approval they previously gained. So, with that I'll answer any questions. In my notes I have provided you the underline and strike out version of the applicant's original proposal and that does not mention the townhouse area, because it strikes out the residential uses portion. De Weerd: Okay. Thank you. Council, any questions for staff at this time? Okay. The applicant? Wardle: Madam Mayor, Members of the Council, Mike Wardle of Brighton Corporation. At 12601 West Explorer Drive in Boise. I think Anna's done a good job. She reminded me today that this was, really, one of the first applications that she ever dealt with when she took the reins about five years ago and I think Mr. Zaremba was probably on the planning commission at the time, so a little bit of institutional memory. I happen to have been the planner for that particular project at that point as well and, obviously, some things that you don't necessarily anticipate, but -- and I think Anna's correct, Mr. Tumbull's letter, which you have that's dated actually August 11th that was provided earlier, I hope you have that, just kind of bulleted the fact that, you know, we will -- Anna used the word grudgingly. We simply use the words reservation, with a statement of concern, to note that we would, obviously, prefer the changes that we propose, because Meridian City Council August 12, 2008 Page 34 of 52 it does, as she noted, takes all of the principal permitted uses and allows them and we didn't, then, take all conditional uses, we took those that we thought were -- could appropriately be included, including the language concerning multi-family residential, which is a conditional use in the L-O zone and we use the statement in our proposed development agreement modification that included single family attached, which, essentially, is the townhouse definition, and if you look at that little site plan, you will note that there is just a small little area immediately to the west of the church that we propose to be single family dwellings that, basically, replicates exactly what would be across that fence and this is a great use as a transition behind the church. It's very compatible and not really an issue. Too shallow for offices or any other type of use. So, that's likely what will happen, but -- so, the real question really does boil down to the assurance that -- that what has been approved at the outset for townhomes at the noted density, could be sustained if, in fact, the Council agreed with staff that a zone change would have to be effected. We simply didn't want to be in a position that going through that zone change process, but, essentially, it became a start from go and we don't have the plans developed yet for that and it may be that when we come back we will look at the broader L-O uses, depends. Just the market is a little bit hard to predict these days. So, we will accept, you know, the proposed modification, but the bottom line would be that applicant request statement at the bottom that, essentially, is as Anna has noted, perhaps she said it a little bit more articulately, that if the Council does, in fact, accept the staffs proposed modification of our request and concurs that a zone change is required, we ask that the Council note for the record that development of townhomes is the approved use under the planned development in accordance with CUP 03-008 and that the only issue that we would have to deal with in the future would be after that zone change would be the subdivision platting and not go through any Conditional Use Permit process. I would stand for your questions. De Weerd: Thank you. Council, any questions? Seeing none -- Wardle: Thank you very much. De Weerd: Thank you. Okay. This is a public hearing. I would invite any public testimony on this application. Okay. Council, I see that there isn't any public testimony. Any questions for staff or the applicant? Staff, any final comments? Okay. If there is no questions or discussion for staff or the applicant and there is no further public testimony, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor, so moved. Rountree: Second. De Weerd: Okay. I have a motion and a second to close the public hearing on Item 15. All those in favor say aye. All ayes. Motion carries. Meridian City Council August 12, 2008 Page 35 of 52 MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, what's your pleasure? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: For the sake of discussion, I -- we have been trying to clean up these odd use exceptions for some time and I support stafFs request that we do ask the applicant to apply for the rezone. I have no problem with it staying what it was originally intended and it would make sense that if we are making the zone match what's intended to go there already, the applicant's request to remove the CUP requirement would also make sense. What we didn't have in place at the time were any kind of design concept guidelines and we do have those now, with which would have to comply. My opinion would be I would ask for the rezone and be willing to give up the CUP, unless staff objects to that. Canning: Madam Mayor, Members of the Council, I'm trying to pull up the code quickly. I believe if they get the appropriate zoning, like R-15 zoning, then, townhouses are a principally permitted use. Multi-family is allowed in L-O with a conditional use, so -- but that's not our definition of a townhome, but our definition of a townhome is one of those tall skinny buildings -- usually tall, on an individual lot with shared walls. There has to be at least three of them. Multi-family would be if they condoed a unit on a single lot. So, you could have a structure with four condoed units, but on a single lot. So, it's -- there is a lot of fine line right there. And some people call the townhouses the multi- family, so the multi-family ability still exists. It's a conditional use requirement. So, I thought I had clarified previously with Mr. Wardle, but maybe we weren't speaking the same language with regard to townhouses, but townhouses require a plat. Multi-family would require a CU. De Weerd: Oh, thanks for that clarification. Canning: Yeah. Sony. De Weerd: I can see it went a long way. Zaremba: I'm guessing that would be acceptable to the applicant. De Weerd: The public hearing is closed. The applicant seems to have a desire to comment. Baird: Madam Mayor, it's at your discretion to reopen at this point if you so desire. Meridian City Council August 12, 2008 Page 36 of 52 Zaremba: I believe maybe it does need some discussion. Madam Mayor, if I may, I would move that we reopen the public hearing and note that nobody has left the room since we closed it. Rountree: Second. De Weerd: I have a motion and a second to reopen the public hearing on Item 15. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Mr. Wardle. Don't you love the discussion periods of City Council meetings? Wardle: Madam Mayor, occasionally. No. We understand Anna's explanation that she has just noted that multi-family is not what we were discussing. We understand that's a conditional use permit in the L-O and if we did multi-family there, we would go through that process. If it turns out to be townhomes, then, we will go through the rezone process and plat those accordingly. We just didn't want to have to go through any additional hoops. So, I think we are on board. I think we agree with what Anna has stated. De Weerd: So, you understand the definitions of the two and what -- the motion that Council had initiated? Wardle: Madam Mayor, grudgingly we understand that. I just would note that, again, in my statement we had placed in our original draft the term single family attached, which, from our perspective is the townhome. So, not anticipated that it would be an apartment style structure on that parcel, unless, again, we come back and just use the L-O zone as it currently exists. Zaremba: Madam Mayor? But it's your assessment that R-15 would solve that as well? Wardle: It sounds like it will. Zaremba: Okay. Canning: Madam Mayor, that language I provided, you may want to say townhomes or single family attached, because they are different by our definition, so either is fine. De Weerd: Okay. Anything further from Council? Bird: I have none. Meridian City Council August 12, 2008 Page 37 of 52 De Weerd: Okay. Wardle: Thank you. De Weerd: Okay. Do I have a motion to close the public hearing? Zaremba: Madam Mayor, I move we close the public hearing again. Rountree: Second again. De Weerd: All those in favor again? There you go. MOTION CARRIED: ALL AYES. De Weerd: Okay. Do we have a motion? Zaremba: Let me see. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve MDA 08-001, to include all staff comments on that and accompany that with a request that the applicant apply for a rezone on the southern portion of what is currently L-O, rezone to R-15 for the intention of putting single family attached homes, dwelling units, on it and that that being the case, the requirement for it to be a CUP also be lifted. De Weerd: Okay. Do I have a second? Borton: Second. De Weerd: Okay. I have a second. Do I have discussion? Canning: Madam Mayor, I'm a bit concemed with the language, because I don't think the applicant has any definitive plans for townhomes just yet. So, I think that if we could -- I think one of the key components that both Mr. Wardle and I were concemed with is a commitment from Council that they are entitled to the townhomes if they want them, but that if they -- when that plat comes through, then, the rezone needs to go through at that time. I'm just a little concemed that it seems to say they need to do the rezoning sooner than that, with the way the motion was worded. So, I need clarification. Zaremba: I would happily restate it the way Director Canning restated it. De Weerd: Which is? Meridian City Council August 12, 2008 Page 38 of 52 Zaremba: Dean, can you read that back. Borton: Second agrees. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Clarification. We took that last bunch out about rezoning; right? We are just approving the MDA 08-001, including staffs comments and stuff, where the rezoning is gone in your motion. De Weerd: That's why I asked for a restatement of the motion. Zaremba: It is not a requirement. Bird: That's what I mean. We are just approving MDA. Zaremba: Yeah. Canning: No. Bird: Nothing to do with zoning or single attached or whatever you want to call it. De Weerd: Well, the motion maker can only answer that. Rountree: What's your motion? Zaremba: Okay. Why don't I restate the motion from the beginning. De Weerd: That would be great. Rountree: That would be good. De Weerd: What a good idea. I wish I would have thought of it. Zaremba: Here is the motion in its current intent. Madam Mayor, I move that we approve MDA 08-001 to include all staff comments. Canning: Madam Mayor, could I perhaps clarify for the motion maker, would that help? De Weerd: That would be excellent. Meridian Clty Council August 12, 2008 Page 39 of 52 Canning: Thank you. Well, staff comments, I believe what is envisioned in that is that the applicant -- a statement from Council that the applicant is entitled to townhomes at a density of up to 12 units per acre, but the applicant needs to apply for and receive the appropriate zoning concurrent with the plat approval for the townhomes. There is no CU requirement for the townhome development. And I said townhouse, but I meant townhouse or attached single family. Zaremba: That's exactly what I meant to say. Canning: Thank you. Borton: Second. De Weerd: Okay. I have a motion and a second to approve this with the stated conditions. Any discussion? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: RZ 08-002 Request for Rezone of 0.55 of an acre from the R-4 to L-O zoning district for Meridian Library Parking Lot Expansion by the Meridian Library District -1727 N. Leisure Lane: De Weerd: Thank you. Okay. Item 16 is a public hearing on RZ 08-002. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Meridian Library Parking Lot Expansion request. It's located at 1727 North Leisure Lane, which is north of Cherry Lane on the west side of the Leisure Lane, approximately a quarter mile east of Linder Road. The application before you tonight is a rezone. The highlights of the proposed development include a rezone of about half an acre of land from R-4 to L-O. The applicant is proposing to use the property to expand the existing parking lot for the Meridian library just to the west of the subject property. So, you can see the library just to the west and here is the proposed parking layout. Just a note that the proposed use of the property is considered apublic/quasi-public use and, as such, is a permitted use in the L-O zoning district. Staff is recommending -- or the original staff report recommended the following DA requirements: One, that the applicant improve and dedicate Leisure Lane just to the east from Cheny Lane to the north property line, consistent with ACRD public street standards prior to approval of the. certificate of zoning compliance for the parking lot expansion. The second one was that parking lot lighting shall be shielded so that no direct light shines into adjacent residential properties. The applicant shall submit a lighting plan that has been approved by the Meridian City Council August 12, 2008 Page 40 of 52 police department with the certificate of zoning compliance application for the new parking lot. And, third, a certificate of zoning compliance shall be submitted to the planning department for approval of the proposed parking lot expansion after the rezone ordinance and development agreement have been approved by City Council. The site plan submitted with the CZC shall substantially comply with the conceptual plan before you now. If a use other than the parking lot is proposed on the property in the future, a modification to the subject development agreement shall be required. We don't have any elevations tonight. The Commission recommended approval at their July 3rd public hearing. Ed Daniels, the applicant's representative, spoke in favor. Margaret Wallett spoke in opposition. And commenting were Allen Garrett, Terry Layton, and Janet Sanchez. The key issues of discussion were the conversion of Leisure Lane from a private street to a public street from Cherry Lane to the north boundary of the site. The use of the private street for public access. Improvement and dedication of Leisure Lane as a public street if used for public access to the site. And restrict access to the site from Leisure Lane if public street improvements aren't made, access provided through the library property to the south or west. Let me talk about that for a second. The library district also owns this piece of property and they are making use of the parking associated with that. So, there is --there was a -- they are parking there now and I'll get back to that in a moment. So, the key Commission changes to staffs recommendation -- they did strike that first development agreement provision, the one that required improvement and dedication of Leisure Lane as a public street. And. they placed -- replaced it with a provision that said, okay, if you're not going to make it a public street, then, you need to prohibit access from that and take your access back through to the -- to Cherry Lane. So, the outstanding issue before City Council is the access to and from the site on Leisure Lane. Obviously, this has been the largest issue of discussion for the -- the project. And, then, there is the question of access through the library property to the west or south and there is a concern that if they were to restrict access to Leisure Lane at this point, that they would just punch through and take the access to Leisure Lane through the southem properly here. But, again, this southem property is not part of our application tonight. The other concern is -- and I didn't look at the timing issues. I suspect this was in before our recent code modification, but you all approved a code modification recently that says if you have access to a local street -- now, Leisure Lane is not a local street, it's a private street, but if you have access to the local street, in addition to access to an arterial, you need to shut down your arterial access and take your local street access.. So, I think that that becomes a big issue for this in the future. I think on this one it's not a local street, so it's a little different issue. But we are trying to get folks off of the arterial roadways, to remove those access points. So, those are the outstanding issues before City Council and with that Iwill -- oh, we did receive written testimony from J. Sanchez -- Janet Sanchez and I can briefly -- you have that before you. Rountree: Yes. De Weerd: Yes, we do. Meridian City Council August 12, 2008 Page 41 of 52 Canning: And if you'd like me to read it for those that are here, I can. Rountree: Please. Canning: Okay. Dear Mayor and Council: We are unable to attend the Council meeting tonight, but wanted to offer input regarding RZ 08-002, Meridian Library Parking Lot Expansion. The library district has worked with our neighborhood since early in their planning process. We have shared their design and provided a forum for residents to provide feedback. We have no concem with their plan to rezone the property at 1727 Leisure Lane and construct additional parking for the library. Our agreement to this project is based upon the plans by the library district to keep Leisure Lane as a private drive. We appreciate the adjustment by Planning and Zoning to remove any requirement that a portion of Leisure Lane be dedicated as the public roadway, as we would not support making it public. Another concem raised by Planning and Zoning that may arise for you as well is the interaction of the library district project and the pending plans to install city water and sewer services to the residents of Leisure Lane. The library is aware that we are pursuing this work and has accommodated it in their plans. We will continue to communicate with them, so that our projects do not conflict and are confident that they will continue to do the same. Sincerely, Tino and Janet Sanchez. De Weerd: Thank you. Okay. Any questions for staff? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Some of this sounds familiar to me. Didn't we have an application that either that property or maybe the two or three north of it -- I don't remember how long ago, but they came in for a subdivision. They either were going to combine two properties and divide it into three or combine three and divide it into two and the requirement at the time was that Leisure Lane become a public road. Did that whole applicant go away? Canning: Yes, it did. The parcels in question were these two and what they had proposed to do was to subdivide off the front and have them take access from this roadway, which I think is 11th? I'm not -- Bird: 12th. Canning: 12th. So, those properties would take access to 12th. We had required a stub street to Leisure Lane, but part of the problem in requiring that all of Leisure Lane become public is that it doesn't start off public. I mean I think that's one of staffs concerns is that if we don't start getting pieces of this as a public roadway, then, we will Meridian Ciry Council August 12, 2008 Page 42 of 52 never have a public roadway there, but that -- I mean there are communities that rely more on private roads than we do and this could be a place where that just always remains a private road. But getting sewer service in there is a concern, but it does sound like the neighbors were able to work that out with the library district. So, that's a positive step forward on that issue. Zaremba: Madam Mayor? My second question would be to Public Works, actually. Do we put water and sewer under private roads? I didn't think we did that. Radek: Madam Mayor, Members of the Council, not that I know of. I don't know of a place in the city where we would put sewer and water service in a private road. I could look into it and see if there is an instance where that's happened. It could have -- you know, I could see somewhere in downtown where maybe that happened in the past, but it's not common practice to do that. Zaremba: Thank you. De Weerd: Okay. Any other questions at this point for staff? Okay. Is the applicant here? Evans: Rodney Evans, W.H. Pacific. 3501 West Elder Street, Boise. Madam Mayor, Council Members, I'm actually standing in for Ed Daniels and Hummell Architects tonight. He presented at the first two P&Z Commissions and I guess I just want to clarify a few things for the Council and probably with Anna. First, Anna, did Sonya include our revised conceptual site plan that we had submitted? Yes. That's it. Thank you. I just wanted to clarify. We are in agreement with staffs recommendations and as Anna mentioned, the site to the south is not a part of this rezone, it's just the property to the west and, then, to the east where the parking addition happens. The major clarification on our conceptual site plan, which went through Planning and Zoning and I think caused a few problems, we had a future access located in this area, noted as future for this conceptual site plan for City Council, we removed that and that's what we are intending to go forward with when we go through with our CZC plans once we get approval of this rezone and we have also eliminated the two way access, which you saw on the conceptual site plan that was submitted for the first P&Z and second P&Z hearings. That eliminates -- and along with staff recommendations, that eliminates our need for this to be a public street. The library down the road wants to, of course, gain access to Leisure Lane, but we understand with working with the neighbors from the beginning of this project the water and sewer issues that are happening on the subdivision to the north, we would like to, you know, wait and defer any improvements to this Leisure Lane and, then, of course now involving this property at all at this point in time and just focus on this parking lot expansion, so the patrons of the library have additional parking and it's a much needed parking improvement to the library right now. So, that's pretty much our main focus, this rezone, and, then, to move ahead with our CZC. So, with that I'd stand for any questions. Meridian City Council August 12, 2008 Page 43 of 52 De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Evans: Thank you. De Weerd: Okay. I do have one person who has signed up in favor of the application. Terry Layton. Layton: Terry Layton. 1811 Leisure Lane. And I mostly wanted to be able to see the new drawing. Previously seen that. Like the letter from the Sanchezes, we are in favor of the library expansion. They have been great neighbors for numerous years. I don't know if I said 1811, but I live at the house just north of where this lot is going to be. I have one question, because I can't read good enough. Is the little slash line sidewalk coming out to Leisure or -- De Weerd: Is that drainage? Layton: I guess that's all I have to say. I am in favor of it and they have been great to work with. They have met with us numerous times as far as what our desires of the subdivision and neighborhood would be. So, I think they would be good neighbors. De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Any further comments from the applicant? No? Rountree: Madam Mayor? De Weerd: Yes. Rountree: I guess get the question answered on the dashed line in the middle of the parking lot. Evans: Council Members, Rodney Evans. That is a walkway and we specifically put it in for the neighbors to the north to access the library site. So, walking down the private lane. Is that what's in question? This -- Zaremba: Madam Mayor? De Weerd: Yeah. Meridian City Council August 12, 2008 Page 44 of 52 Zaremba: Will there be a post or something in the middle that would preclude a car from trying to use it? Evans: It is an eight foot wide sidewalk, just for continuity sake coming through the parking lot. So, yes, we could add a bollard to that for public safety. And, of course, the landscape is not shown on this plan, but we will meet or exceed all the city requirements during the CZC process, so -- Zaremba: Thank you. De Weerd: Thank you. Any further questions? Thank you. Evans: Thanks. De Weerd: Okay. Council, if there is no further questions for staff or the applicant, there is no further public testimony, I would entertain a motion to close the public hearing. Rountree: So moved. Zaremba: Madam Mayor -- 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: Yes. Rountree: I move that we approve the rezone for Item 16, RZ 08-002. Bird: Second. De Weerd: I have a motion and a second to approve Item 16. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council August 12, 2008 Page 45 of 52 Zaremba: Would the maker of the motion reference the revised site plan that was provided to us tonight? And the bollards. Rountree: That's what the hearing was about, so that's what my motion is about. Zaremba: Okay. De Weerd: Well, the record does reflect that this is all about the new plan in front of us. If there is nothing further, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Gorton, yea. MOTION CARRIED: ALL AYES. Canning: Madam Mayor, just for clarification, that was the revised site plan and the requirement for the DA I assume? Rountree: Yes. With the plan it fits. Gorton: That's what I heard. Item 17: Public Hearing: VAR 08-006 Request for a Variance to UDC Table 11- 2A-5, which requires a 15 foot rear yard building setback; and UDC 11-3A- 7C, which limits fencing to 6 feet in height in the R-4 district for Maxwell Patio & Arbors by Sylvia Maxwell -1065 E. Peacock Street: De Weerd:~ Okay. Item 17 is a public hearing on VAR 08-006. I will open this public hearing with staff comments. Canning: Madam Mayor, Members of the Council, this is the Maxwell Patio and Arbors application. The property is located at 1065 Peacock Street in Sportsman Point Subdivision No. 2 and the application before you tonight is a variance. The variance is for the 15 foot rear yard building setback and also a limit on fence height to six feet in the R-4 zoning district. You see this is a cul-de-sac lot. It's fairly a shallow one, with the property being right up against the 15 foot setback in the rear and you can see the patio cover shows up on the aerial photo and, then, the arbors are approximately in this location here. These are some site photos. These are the arbors. They are about a foot off the property line. They stand about ten feet fall. And this is the patio cover. Also, this is another view of the patio cover. This is a -- this is a photo taken from the top of the fence. I just wanted to give an example of the kind of terrain we are looking at as far as slope changes. You can see on the bottom ones that the -- that the property is sloping away from the -- Ms. Maxwell's house and, then, continues to slope up. This picture was taken with just setting the camera on top of the fence and, similarly, on this one. And, yes, my phone is ringing. Sorry. And the patio cover is an existing patio Meridian City Council August 12, 2008 Page 46 of 52 cover that was constructed in 2004. The posts for the patio cover are setback approximately a foot from the rear property line and so, therefore, approximately 14 feet into the required rear yard setback area. The cover does not encroach into the required side yard setbacks. There is also a five foot wide public utility drainage and imgation easement that it encroaches into. The arbors -- sorry. I bet you 20 bucks it's my daughter. The subject arbors are considered fences and as such are limited in height to six feet. I spoke briefly about the topography. So, the land where the applicant's building pad for the house and rear yard area sits about two feet lower than the land at the rear property line. The grade on the house that sits on the adjacent property does appear to go up even more steeply than that. So, the neighbor's second story deck appears to encroach significantly within the rear setback area, giving direct view into the applicant's property. So, because of the differences in topography between the two properties and the proximity of the neighbor's deck in relation to the applicant's rear yard, the applicant constructed a patio cover and arbors for privacy. Because the patio cover is attached to the house, a building permit is required. The building permit -- the building department stated that a building permit was not issued to that address for those structures and the applicant states that she was not aware that a permit had been -- not been obtained, because she hired a contractor to do the work, thus, she didn't realize she was in violation of city ordinances. As always, in order to grant a variance, the City Council must make the following findings: The variance shall not grant a right or special privilege that is not otherwise allowed in the district. The variance relieves an undue hardship because of characteristics of the site and variance shall not be detrimental to the public health, safety, and welfare. Again, staff believes that granting a variance for this reason requested by the applicant would not grant a right or special privilege to the applicant that is not otherwise allowed in the district, mostly because of the unusual shape of the property being a shallow cul-de-sac lot and also the topography. So, particularly the topography. Further, staff believes that there is an undue hardship to this property owner due to the lower elevation of her property in relation to her neighbors and staff believes that it would not be detrimental to the public health, safety, and welfare. So, given that, staff did recommend approval of this variance and with that I'll answer any questions that Council or Mayor may have. De Weerd: Council, any questions for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Why was this brought to the city's attention? Canning: I am not sure. It was either because it was a Patio Covers Unlimited project or because of the neighbor called it in. It was one of those two and to be truthful, I can't remember which. Meridian City Council August 12, 2008 Page 47 of 52 Rountree: Maybe the applicant can enlighten us. Canning: Yes. De Weerd: Okay. If there is no further questions for staff, is the applicant here and would like to make comment? Canning: The applicant has someone speaking for her tonight. De Weerd: Her representative. Canning: Yes. Adriany: Good evening -- De Weerd: Good evening. Adi^iany: -- Honorable Mayor, distinguished Council Members, my name is Joe Adiriany. I have been asked to be Sylvia Maxwell's group speaker and I happily accepted. I'm a next door neighbor at 1087 East Peacock. It's the house right to the east. Actually, I share a small portion of the back fence with the rear property behind her. I also was a past board member of the subdivision -- Sportsmans Point Subdivision and I was a board member when Sylvia presented an architectural plan for her patio cover and we inspected that and approved that back in 2004. I wasn't on the board after that, but she did submit an architectural plan for the arbors to the new board and that was also approved by the Sportsmans Point Homeowners Association. I had the chance to look at the staff report that Sylvia showed me and I was surprised how thorough it was and it covered everything. I thought I would have to go into more detail or speak longer, but it was -- it just had everything in there already. I did want to add that Sylvia's lived there for many years, as I have, and the rear neighbor -- the rear neighbor has, since we have all been there, done some construction. He added a two story addition to the west of his property. It's the bottom photo there. And he also added a large redwood deck and you can see the lattice work to the left on the bottom photo. You can see it at the top right -- well, actually, all three photos. The lattice work -- if you look at the top photo on the right, that's just a portion of the patio cover -- I'm sorry, the patio deck or it's not even a patio deck, it's adeck -- a two story deck. That's the lattice cover in front of it. It proceeds to the left, which would be to the east quite a ways farther. So, that deck right there pretty much covers the area of Sylvia's entire rear portion of her home, including her patio area. So, what happened was there was a privacy problem. Where ever she walked around in her yard and even inside her home -- it's through the sliding glass door, there is a dining area and with a table and the kitchen and there is a direct view from that redwood deck right into her dining area and her kitchen now, so -- so, back in 2004 she had that patio cover installed with our approval when I was a board member and everything was fine. Later on the second story addition went up that I spoke about Meridian City Council August 12, 2008 Page 48 of 52 earlier, so she has those arbors. And I actually have a -- I don't know who to give this to. I have four more photos. Okay. I just wanted to take a couple of photos from inside her home behind the sliding glass door looking up towards the rear property to show you how important that patio cover is to her privacy. And she's a single woman living alone and, you know, if I was her I'd find that important as well. Those are two pictures. The other two pictures I took from my property to the east and it gives you a perfect view of the elevation and the topography that was spoken about earlier and when we get to that I'll show you what I mean, that the top of that arbor -- the top of the arbor is actually at the level or just slightly lower than the -- the second -- the deck that was -- that he had built. So, if you're on the redwood deck you actually see over -- easily see over the top of the arbor. If -- if there was any question that there was a view that was an encroachment of the neighbor's view and the neighbor -- you know, the neighbor to the rear did, in fact -- we understand have some kind of issue with a view, but the -- the height of his property and that deck and the windows in the second story -- and when you see in the picture that -- you know, when it's up there, you will see that there is no view issue. The only view would be directly into her yard or her home, because he can see over her home. Her home is only a single story, his is a two story, so -- okay. Canning: We are almost there. Adriany: And while she's doing that, I might add that those structures are pretty spendy. You know, she spent a lot of money and, you know -- Zaremba: Was it nighttime when you took this picture? Adriany: I didn't use the infrared. Canning: Try one more time here. De Weerd: That's a beautiful view. Adriany: Sylvia wanted me to mention that the rear view neighbor was the complaining party that initiated this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Is the rear neighbor part of your homeowners association or is that a different neighborhood? Adriany: Same subdivision. Right. Meridian City Council August 12, 2008 Page 49 of 52 Rountree: And their improvements were run through your architectural review committee and approved? Adriany: I haven't been on the board since 2004. I understand that -- do you know, Deborah? Deborah was -- is also a resident in the same cul-de-sac and she was a board member for that phase during the time of the construction of the second story and she would know, if I could defer to her. Rountree: If you would. De Weerd: If you could, please, state your name and address for the record. Silva: Sure. My name is Deborah S. Silva. De Weerd: You can pull that down. Silva: Sorry. Being short, you know. My name is Deborah S. Silva and I'm at 1044 East Peacock in Meridian. I happened to be on the board of directors when the two story addition went in. One of the codicils to the approval of the addition was that that person was supposed to get approval by all contacting neighbors to his property and across the street, because they would impact the view of those to the south of him. Apparently, he never approached Ms. Maxwell. So, in effect, although he was approved with those codicils, he never met the codicils and as far as I'm concerned never met the requirements to be approved. Rountree: Just information forme. That's between you and your neighbor. Silva: Right. Rountree: There is nothing the city can do about that. Silva: I understand that. That's the only clarification I can give you. Rountree: Thank you. De Weerd: Okay. Canning: Madam Mayor, I blew up the computer, so we are starting over again. I'll try and get that up. De Weerd: Well -- and, Council, I don't know how important those pictures -- the additional pictures are. I think the ones that we have already seen speak volumes. Borton: Madam Mayor? Meridian City Council August 12, 2008 Page 50 of 52 De Weerd: Yes. Borton: To echo with that, you know, from what I have read and heard, I'm in support of the variance request. Rountree: I am as well, Madam Mayor. I would move that we move the hearing along and we can make a decision. De Weerd: Okay. Zaremba: Madam Mayor, I agree with that as well. I would only question one of the pictures showed in the two story house's yard what looked like a metal structure that would have been in the setback. Canning: I believe it's just a wire frame for vegetables to grow on is all it is. Zaremba: It's not a structure. Bird: It's not a structure. That's movable. Zaremba: Okay. De Weerd: Okay. Canning: I do think there are other zoning violations on that site, but that's not one of them. De Weerd: Well, it sounds like you have great support up here. Do you have any further comment? Adriany: No, Madam Mayor. De Weerd: Thank you. I do have a number of people who have signed up in favor. If they would like to provide testimony, certainly would welcome it, but it looks like it's not necessary. I don't know what Council will really do, but I have a good guess. If there is no further testimony, Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item No. 17. Meridian City Council August 12, 2008 Page 51 of 52 Zaremba: Second. De Weerd: All those in favor say aye. All Ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the variance request and for reasons as stated in the staff report. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve Item 17. 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. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I would like to comment to the applicant that you did an excellent job in trying to remediate what is kind of an onerous situation and I think that was done in a very tasteful manner, so good. De Weerd: Yes. And thank you for sticking with us in this meeting. Okay. Council, that is at the end of our agenda. I would note just for your information, you do have our delinquency for tum off list in front of you. This is the longest list we have had. If you have an opportunity to after tomorrow to stop by our utility billing staff and just give them your appreciation. I mean tum off day is very difficult and it looks like tomorrow is going to be extraordinarily busy and I would invite you to give them some kudos for what they do. Bird: I agree, but I'm afraid this isn't -- I don't think this is the bottom yet. De Weerd: Well -- Meridian City Council August 12, 2008 Page 52 of 52 Bird: As sad as I am to say. De Weerd: No. And that's why we need to show our appreciation. So, with that said, if there isn't any further business in front of this Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) APPROVED• ~ ~~~'~ o°I ~ a ~ ~ og MAYOR TAM a WEERD DATE APPROVED ATTESTED: JAYCEE L. ~Ol'~,~P BEAL ~ ~~~ ,, ~O r,,~~~~~llllllt11t11~\