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HomeMy WebLinkAbout2009 02-10Meridian City Council Meeting February 10, 2009 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, February 10, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Tara Green, Nancy Radford, Clint Dolsby, Sonya Wafters, Jeff Lavey, Ron Anderson, Mark Neimeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'll go ahead and call this meeting to order. I'd like to welcome all of you here this evening. For the record it is Tuesday, February 10th. It's five minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance: De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Chief Anderson. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Thank you, Chief. I think you already have a city pin; right? Anderson: I don't have, as a matter of fact. De Weerd: You don't. Well, can I present you a pin for leading us in the pledge. Item 3: Community Invocation by Gordon Slyter with Treasure Valley Baptist Worship Center: De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will led by Pastor Gordon Slyter and he is with the Treasure Valley Baptist Worship Center. If will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Slyter: Let us pray. Oh, Lord our God, we come before you tonight with thanksgiving for your many blessings, provisions, and protection. Although change is a regular part of our life, you are the God who never changes. Therefore, oh Lord, we seek to anchor Meridian City Council February 10, 2009 Page 2 of 35 ourselves, our actions, and our decisions in you. Your word says that he who dwells in the shelter of the Most High will abide in the shadow of the Almighty. He will say to the Lord my refuge and my fortress, my God in whom I trust. Tonight we declare that we trust in you and we ask for your wisdom, guidance, and counsel for all who speak, deliberate, and vote here this evening. And we pray these things through Christ, our Lord, amen. De Weerd: Thank you for being here with us this evening. It's always good seeing you. Thank you. Item 4: Adoption of the Agenda: De Weerd: Okay. Item No. 4 is the adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the Consent Agenda there has been a request to table the only item there, which would leave no items for the Consent Agenda. Under Item 7, Department Reports, there is a request to add an Item 7-C, Fire Department report. 7-C-1. It would be a service request for the dairy bam. On the regular agenda, Item 12, the resolution number is 09-651. Item 12, which relates to Solitude Place Subdivision, there has been a request to continue that and not hear it tonight, until February 24th. Item 17, the ordinance number is 09-1395. That will be the third reading. And Item 18, the ordinance number is 09-1397. We will have both the second and the third reading. With that I move that we adopt the agenda as amended. Hoaglun: Second. De Weerd: Okay. I have a motion and a second. Clarification from staff. On the Consent Agenda was Item 6-A requested to just clarify or do we want to table it to February 17th? Wafters: Madam Mayor, we would like to table it, as well as a clarification at the meeting tonight. De Weerd: So, we will want to pull this to the regular agenda -- Bird: Yeah. De Weerd: -- and so it can have clarification to come back again next week. Zaremba: Okay. I didn't understand that. The maker of the motion makes that change that -- to begin with Item 6-A would become Item 8-A. Meridian City Council February 10, 2009 Page 3 of 35 Hoaglun: Second agreed. De Weerd: Okay. You heard the motion with the amendment to the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Environmental Award Presentation to Metro Express Carwash: De Weerd: Okay. No. 5 is good news. We always like to have these kind of presentations and, Steve, I don't know if you or -- yes? If you would like to present this, please. Maneck: Good Evening, Council and Madam Mayor. What I'd like to do tonight is make a presentation of our 2008 environmental excellence award and what I'd like to do is take a minute and read our -- our little PR statement we have. The City of Boise -- I'm sorry. The City of Meridian -- De Weerd: Oh, wow. You started out really -- really horrid. Rick, were you listening? Maneck: Can I do a redo on that? The City of Meridian is proud to announce Metro Express Car Wash, located at 3280 East Pine Street, has been selected as the 2008 Environmental Excellence Award recipient. This annual award is presented to a company that displays outstanding environmental efforts that greatly impacts city service operations and the general public. Several hundred companies in the City of Meridian were reviewed by the Public Works Department Environmental Division, wastewater pretreatment staff, to determine this award winner. Environmental practices, equipment, and technologies are the major selection criteria. At their new building location, Metro Express Car Wash installed a state of the art wastewater reclaim system in their vehicle wash bay that is estimated to recycle several thousand gallons of water monthly. Recently an automated pH monitoring system was installed to control the facility's final wastewater discharge. To maintain the system, a process control plan document was developed that enables their employees to properly operate and notify the city's POTW in case of an alarm situation. So, at this time what we would like to do is make that presentation of this plaque. De Weerd: Thank you. Maneck: Would you like to step down and help us do that? De Weerd: I did want to say a few words. This award has great meaning in our community. You know, as one of our goals of being good stewards to the environment, this recognizes those that kind of go -- that do go above and beyond and, you know, to -- to us we feel that our fiscal and environmental responsibility we need to recognize and celebrate those that protect our environment, so that our kids have the same things that we enjoy today. So, on behalf of the City of Meridian I'd like to read what is said Meridian City Council February 10, 2009 Page 4 of 35 here on the plaque and, then, present that to you with our gratitude. The City of Meridian 2009 Environmental Excellence Award is presented to Metro Express Car Wash for adopting environmental friendly practices, equipment, and technologist. And, again, I would like to extend our sincere gratitude and congratulate you for this recognition. Martin: Madam Mayor, Members of the Council, thank you very much. This is a great honor for our company and our employees, our staff. We are going to display this at our site. We know that good environmental practices is good business and I'd just like to say that we have operated -- I have been in this business for 40 years and operated in communities here in Idaho and the northwest and other parts of the country and we found that -- the City of Meridian to be one of the best places that I know of to do business. So, thank you very much and we look forward to a continued mutually good relationship with the City of Meridian. Thank you very much. Item 6: Consent Agenda: De Weerd: Thank you. Okay. Item No. 6 is our Consent Agenda. Mr. Bird. Bird: Madam Mayor? De Weerd: Yes. Bird: Got one item on here and that's been asked to be removed to 8-A. So, with that I move that we approve the non-consent agenda. Zaremba: Second. De Weerd: I have a motion and a second to approve nothing on an agenda. I think I can just have a voice vote on that. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 7: Department Reports: A. Legal Department -Bill Nary: 1. SWAC recommendation of $2,150.00 to be awarded to Meridian Parks & Recreation for costs for installing playground equipment in Gordon Harris Park: 2. SWAC recommendation to not fund Mountain View High School's Green Club request for funding to start a recycling program within the school: De Weerd: Okay. Item 7 under our Department Reports. Mr. Nary is on. Meridian City Council February 10, 2009 Page 5 of 35 Nary: Thank you, Madam Mayor, Members of the Council. This is the -- a report from the Solid Waste Advisory Committee. We had a meeting last week. The information should be in our packet. It was an additional request from the Parks Department for 2,150 dollars, which is half the cost of installation for the playground equipment that was approved previously by this Council at the recommendation of the SWAC committee. At the time of the initial request Mr. Siddoway, the parks director, was unaware that installation is -- has normally been included by other requestors for funds. So, he went back and they did pencil out the cost, because it has to be done by a certified installer, it can't be done by our own staff. So, that's why there is a charge for it, rather than our own folks doing it. So, he was not aware. He did bring it back with this being half the cost. So, they did recommend approving that. The other one -- actually, I think it's probably maybe a little misleading. I don't think you really need to take action. We had a request that wasn't necessarily complete from Mountain View High School. We were going to get back into touch with them. Their Green Club, which is their environmental friendly club that they have, was looking to start a recycling program within their school and wanted some funds to, basically, purchase recycling containers, but some of the information was incomplete, so we didn't really need to act on it, but just so you're aware, if we continue on the program that we are looking at with -- with automated -- automated collection in the fall, we may have somewhere between five and ten thousand bins that will be available that can be used for this type of purpose. So, we think that we probably can meet this need through SSC's efforts, but you don't need to take any action on it, because they hadn't really completed the application. We didn't really discuss, really, a denial. So, I think this is just a little misleading. We really only need action on item one. De Weerd: Okay. Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Item 7-A-1, the SWAC recommendation of 2,150 dollars for the cost of installing playground equipment at Gordon Harris Park. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to approve the recommendation by our SWAC. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council February 10, 2009 Page 6 of 35 MOTION CARRIED: ALL AYES. B. Planning Department: 1. Clarification of Development Agreement for Overland Village: De Weerd: Thank you. Okay. We did have a Consent Agenda item moved to No. 8. Sonya, are you -- Rountree: We are on - Bird: Madam Mayor -- Rountree: -- B. Zaremba: We, actually, have a B and a C. Item 8: Items Moved from Consent Agenda: A. Tabled from January 27, 2009: Findings of Fact and Conclusions of Law for Approval: AZ 08-001 Request for Annexation and Zoning of 9.06 acres from the RUT & R1 zoning districts in Ada County to the C-G zoning district for Overland Village by Relo Development - 3330 East Overland Road: De Weerd: Oh. See, I already skipped you. Well, I was calling on you anyway. Just trying to speed this meeting along. Okay. Item B is our Planning Department. Wafters: Thank you, Madam Mayor, Members of the Council. The applicant for the Overland Village annexation application has requested a clarification from City Council of their motion from the hearing on December 2nd prior to approval of the findings. It was discussed that the applicant would provide a letter of credit to the city for their proportionate share of the construction cost of an off-site bridge across the Five Mile Creek. The applicant had discussed placing an expiration date on the letter of credit, so that it wouldn't be held for an indefinite time period and to provide an incentive to adjacent properties to develop and take advantage of this off-site funding assistance. Council approved the project per all staff, applicant, and other department agency comments, but did not specifically discuss or approve a sunset clause on the letter of credit. Council should clarify if they intended to approve the sunset clause and, if so, for what time period. And the applicant is in the audience if you have any questions tonight. De Weerd: Okay. Council, any questions of the applicant? Rountree: I have none. Meridian City Council February 10, 2009 Page 7 of 35 Bird: I have none. De Weerd: Okay. So, the request is clarification on this development agreement. Bird: The sunset. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is that typical? We don't typically have a sunset on them, do we? De Weerd: Not that I remember. Zaremba: How does a letter of credit end? When the project is done, the applicant applies to us for the letter back or something like that? De Weerd: Mr. Nary, could you, please, explain that process. Nary: Madam Mayor, Members of the Council, Ithink -- yeah. You're correct. I'm not aware of -- of the city granting a sunset clause on a letter of credit. Normally, of course, it's held for completion of something on the project itself. And so the city would hold it until it's either completed or we have to complete it ourself and so we have to cash it. Normally when it's completed they will request release. It doesn't come back in front of you. We certainly -- we would, then, release it if it's completed. There is no reason -- I mean certainly if they want to, the applicant can request that at any particular point. If it's not completed yet, we would probably deny it. They would make another request to come in front of you for consideration. On this one, because -- if you recall this project, it was unclear as to what the timing of the -- the companion piece next to this property would get developed. That was the reason for the letter of credit for the bridge to provide that connectivity. Again, an expiration --Ithink, again --Ithink Mr. Borton did discuss it or Mr. Nickel did discuss it on the record. It wasn't part of your motion and that's the reason we are asking for clarification. If you intended it to be part of the -- your motion, because it's not in the staff report. But it is -- it wouldn't be -- it isn't common, because, again, we don't know when it's going to be necessary -- if you put a sunset clause on it, then, you have -- at some point you're, then, making a decision as a Council that if the bridge isn't built by a certain period of time, then, at least this property doesn't have to provide any funding for it. That wasn't what your -- the nature of your discussion was at the time, so -- it's up to you. Zaremba: Thank you. De Weerd: Okay. Council? Nary: Madam Mayor? Meridian City Council February 10, 2009 Page 8 of 35 De Weerd: Mr. Nary. Nary: One other thing. If the Council does not wish to grant it, you would probably need to make a motion that was not your intent, so that we have some closure on this issue. The findings that we moved to Item 8-B -- or 8-A do not include a sunset clause. So, if that's your direction, we can approve the findings tonight. If you want us to include a sunset clause, then, we would need to take the findings back and bring them back next week. Wafters: If -- excuse me. If I could just interrupt. The findings were requested to be tabled until the next week's meeting, the 17th. They are not ready to be approved tonight. Nary: Oh. Okay. My mistake. I'm sorry. I thought they were done but for that. Wafters: They are actually complete. However, I did not transmit them out to every one of you, because of this request for clarification. De Weerd: Okay. Council, we need a clarification on -- for this development agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While we I don't believe have ever given sunset clauses on letters of credit, with this particular development that -- what they are giving a letter of credit on depends on not their project, as much as a future project down the line and we would be tying up 5.6 percent of the offset of the cost of the off-site crossing and that could -- that letter of credit could sit in here for 20 years if the other thing don't go through and we tie that money up on this developer. I don't want to start something that it might come back to get us later, but I also understand why this developer, having no control over the property to the east where this bridge is -- southeast or northeast I mean. I could -- underthose circumstances I believe I could go for a sunset clause of five years with like -- like anything else with revisions that we could extend it after five years if deemed necessary, the Council could. So, I don't know. I got -- I don't want to tie their hands, but in the same token I want to get a bridge done. I don't want to be like we have in other areas where we haven't insisted upon helping with a bridge and wind up not getting one, but I don't want to tie -- I don't want to some guy's 5.6 percent cost up with a letter of credit for, you know, ten, 15 years, which could be. In this economy we don't know. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council February 10, 2009 Page 9 of 35 Nary: Madam Mayor, Members of the Council -- and certainly if you want to hear from Mr. Borton or Mr. Nickel on this issue, but nothing forecloses the applicant from coming back to you at any point in the future and requesting the same thing. Whether it's a year from now or five years from now, if there appears to be no movement on that property -- I mean they can always request it. All they are asking is to put it in the agreement up front and I think the only reason staff was apprehensive is just because, obviously, it's the same thing you just raised, Mr. Bird, we don't have any idea when those other events could occur. So, I -- I mean I do think it's -- I do think your point's valid, I just wanted you to know -- I mean they can always request this, too, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I -- and, Bill, I agree a hundred percent, they can, but, you know, they can come back in six months, but -- so, I would have no problems as a Councilman approving a five year sunset or a 60 month sunset clause on that condition. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm -- this is probably an alternate view, but even the letter of credit is an alternative -- ACHD usually asks for that fund to be given them right away. If we are all assuming that the bridge is going to be built at some point, ACHD would hold the actual money for half the bridge at the current cost. Now, I agree that that's painful to have that go on forever. I'm satisfied that a letter of credit would be probably a cheaper way on the applicant to get it done. I'm a little leery of having a sunset on it, particularly in light of Mr. Nary's point that if there ever was a time where it looked like that bridge was never going to be built, the applicant could come back at that time and ask for the Council's consideration. Before Mr. Nary spoke I was going to suggest that instead of having it sunset at five years, we said that it would be reconsidered in five years. But since the applicant can ask for that reconsideration anytime they want, I think I would not offer a sunset. De Weerd: Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I was not at this particular meeting, so I probably will not vote on this issue, but I guess just an observation of what I read. What -- there is a really good deal for the developer, particularly if it takes 20 years to get a bridge in place. But it isn't good in terms of tying up their money that long. And it isn't particularly good for the city, Meridian City Council February 10, 2009 Page 10 of 35 because in 20 years that bridge is going to cost way more than the value you assigned of the letter of credit right now. So, I think this whole idea of a letter of credit for the extended period of time doesn't work. If, in fact, we want to get a bridge there, I think the funding mechanism is if it's 5.6 percent of the cost of that bridge today is what is the cost to this development, that ought to be funded in an account with the city or ACRD for that purpose and at some point in time in the future when that bridge gets built, that money will be there. Otherwise, 5.6 percent of the project today 20 years from now might get a consultant hired to design the bridge. De Weerd: Well, you have heard three kind of different things. How about you, Councilman Hoaglun? Hoaglun: You bet. Let me weigh in on this as well. I can understand the applicant -- their request on this, because as we went through that we clearly saw that they did not have control over the whole develop of that property. I mean they were -- they had a small portion of that that they had to put in for that bridge and they were really at the mercy of the major developer at that site and we really don't know what's going to happen, when it will happen, and different things like that. They are ready to go. They -- for this application, but I can understand why they don't want to tie that money up forever. But with the information from Mr. Nary, knowing that they can come forward -- if that other developer does not move forward and they see this is not going to happen and they need to go in another direction, I'm open to that discussion on what to do with that bridge and that letter of credit. And if they do that in two years or five years, you know, if I'm still here, then, I think we ought to hear it and take a hard look at it and see if we free up that money for them. But Idon't -- I don't think we need to go to a sunset date and start something new down the road that we might have other requests for. But I think if we are open to the fact that we understand this issue and know what they are up against, that we -- I don't think we'd act unreasonably to that request if the circumstances change. So, that's my two cents on this. De Weerd: Thank you. Well, you have heard from -- Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: And if I may add another thought that just came me and I'm trying to remember -- may have been Deputy Fire Chief Silva, I believe, said that the number of accesses that are required to this project include the access where the bridge would be built and for the whole project to be approved that bridge does need to be there eventually. So, I just throw that into the mix, if I remember that correctly. De Weerd: Okay. Council, we have heard from each one of you. Do you have enough to make a decision on? Do I have a motion? Do you want to hear from the applicant? What's your pleasure? Meridian City Council February 10, 2009 Page 11 of 35 Hoaglun: Madam Mayor, I'm not opposed if the applicant wants to put his two cents in, if he keeps it fairly brief, but -- De Weerd: We will time him. We will give him a minute. Would you like to comment? If you will, please, state your name and address for the record. Borton: Thank you. Joe Borton. 6223 Discovery Way in Boise. Madam Mayor, Members of the Council, I appreciate the comments. I think what I hear the Council saying is -- and I understand the concern both ways. If it's the Council's desire to not have the expiration date on it -- really, what we thought the intent there was to really incentivize those adjacent property owners to develop. They have got money to assist, but it's not there forever. We think that would be effective. In lieu of having a 60 month expiration date at the very least and knowing that we can come back before this Council and request termination, you know, what is said here I think will go a long way to perhaps what a future Council in three or four years has to decide. We want to incentivize that to get done. So, if it's -- we can come back and we surely will in four years, if not sooner, to ask for that to be expired -- that letter of credit to expire, if there is some direction from this Council that supports that that -- supports this intent to encourage adjacent development, so when we come back, quite frankly bring these minutes and let the Mayor and Council know that was the intent, because our fear is we -- if we come back in four years, there will be a desire from that Council to, then, say, well, let's wait five more years. And as Councilman Bird brought up, it really does hamper the applicant's ability finance not only this project, but other projects. So, we prefer the expiration, but, if not, we prefer some direction that will support us in four years, four and a half years, if nothing else has happened on the adjacent property. De Weerd: Well, I guess, Mr. Borton, the discussion about the bridge, you know, it's a key connection and I guess that's why there is a reluctance to put any kind of time frame. Certainly it is an incentive to the adjacent property owner, but, you know, we do want to see it get built and if it looks in five years that -- to come back, I think, then, you plead your case again. Borton: Madam Mayor? De Weerd: Yes. Borton: And we surely will and -- but what we are going to make sure we do convey is it's not set in stone necessarily that there is a letter of credit out for 30 years and adjacent properties can take their time. And I'm not saying they would and I don't necessarily think they would, but we really want to help, because when we talked about it in our presentation, this region as a whole when it develops requires that crossing and if there is anything that we can do in our process that helps speed that along, which I know is the city's desire as well, that's the intent on trying to push -- if not a technical expiration date, an openness to have it expire if there is not some activity. Bird: Madam Mayor? Meridian City Council February 10, 2009 Page 12 of 35 De Weerd: Mr. Bird. Bird: It isn't clear -- how did we get the cost of the off site crossing for that 5.6 percent? Did we come up with a -- a cost? Borton: Madam Mayor, Councilman Bird, we brought engineering estimates at the annexation hearing. Bird: That's what was accepted? Yeah. Because I'm like Mr. Rountree, it's -- right now the cost isn't going to be the same as it is two, three, four, five years from now. De Weerd: Mr. Bird, I guess we -- in other cases where they have had to make these kinds of deposits, they have that same risk. I know we have -- we have taken recommendations from Ada County Highway District on traffic lights and intersection improvements and -- and a number of different things and that's what they deal with at those times. I do understand what Councilman Rountree is also saying is at some point do you identify the amount at the estimate and it can't be more than that? But that's a different agency. I don't know what they do. Bird: I was going to say, our letter of credit's not going to be any more than 5.6 percent of what it would cost today. De Weerd: But just in interest of moving this along, if there is a motion to consider on at least clarifying it for today, I would entertain that. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will attempt to float a motion. I move that we clarify the development agreement for Overland Village to not include a sunset on the letter of credit for the bridge, that -- and understanding that that does in no way preclude the applicant from, at a time of their choosing in the future, to come and ask for that letter to be waived or rescinded or whatever. Hoaglun: I'd second that motion. De Weerd: Okay. I have a motion and a second and the need for clarification. Mr. Nary, if we don't have those findings in front of us right now, we just -- we are just moving to clarify what is expected to be in the development agreement; is that correct? Nary: Madam Mayor, Members of the Council, it is correct. What I was going to ask -- and now that Council Member Zaremba has made this motion, maybe you'd not be interested in that -- we could put a clause into the development agreement -- and I just crafted one out here real quickly, it doesn't have to be this, but we could put a clause in Meridian City Council February 10, 2009 Page 13 of 35 there, if what Mr. Borton is requesting is that some way your intent today could be transmitted at that point in the future, we could put a clause that will say something to the effect: The City Council would consider eliminating this letter of credit within 60 months if no evidence existed of a bridge connection is necessary or too remote in time to be constructed to make continuing -- the continuing requirement of a letter of credit necessary for this development agreement. It just leaves it open, it just says you're going to consider it, it doesn't require you eliminate it, it does state your intent today that you would consider it within the next five years, but would want some other evidence that says either the bridge connection isn't necessary, because, again, we don't know what that project next door would ever develop into, it may or may not be necessary, or, again, it a field five years from now and no one looks like they are going to buy it or build anything on it and you can consider that. So, you could put that in the agreement and that makes it clear or we could just leave these minutes if you want, it doesn't matter to me. I'm sure we will all be here five years from now, so it probably won't matter. And I don't know if Mr. Borton has a preference, so -- De Weerd: Well, we do have a motion and a second on the table. Is there further discussion or desire to change anything? Zaremba: I do appreciate the input, but I would let my motion stand as stated. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, abstain; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. De Weerd: Thank you. Okay. So, Item 8, we need to, then, table to next week. Bird: Madam Mayor? De Weerd: Mr. Bird. C: Fire Department: 1. Dairy Barn Restroom. Bird: Didn't we add an Item C, Fire Department, to our -- Zaremba: 7-C-1. De Weerd: Oh, I'm song, I didn't add that. Zaremba: Department Report from the Fire Department. De Weerd: So, that's why you're here. Meridian City Council February 10, 2009 Page 14 of 35 Nary: He really wanted that pin. Hoaglun: Madam Mayor, as he's handing that out, just a comment for Mr. Borton. You know, if you dubbed that a shovel ready project, there is billions of dollars now out there that could be used to build that thing. Rountree: Just get a hold of the new senator. Hoaglun: That's right. Just a thought. Just a thought. Our new senator voted no on that thing. Anderson: Madam Mayor and Council, I come before you tonight to ask for a waiver of the hook-up fees for water and sewer for the dairy bam. As you know, the firefighters have been trying to make some improvements down at the dairy bam and that's the site where we hold many of our community events, such as the salmon barbecue and also the upcoming chili feed and so one of the things that we are trying to do to make improvements there is put some bathroom facilities in there and in checking on the layout of that, the sewer that is stubbed into the speedway right now -- actually, there is a bathroom at each end of the grandstands that you see along Meridian Road and the sewer runs from each restroom down to the center and, then, goes out into the street. So, it's quite a ways from the dairy bam. It's also timely, because there is a construction project, phase one of the split comdor, where they are going to start this weekend laying a new sewer line in the intersection of Franklin Road and Meridian and running it south towards the speedway. So, in order to get a sewer connection to go to that dairy bam, we need to get this approved by you guys and, then, see if we can't get that to happen as they lay that sewer line down there. The reason I'm asking for this waiver is I really don't think that the dairy bam would qualify I guess under the technical definitions that we have, because it's not going to be a big use. I mean that dairy bam gets used maybe two or three times a year for a community event like that, so it's not like it's going to be using water and sewer connection on a -- on a daily basis. It would just be a few days out of the year. So, we are having to do fundraising projects to try to raise the money to do the bathrooms and if we have to pay 7,400 dollars, where an additional 3,877 in hook-ups, that's going to make it very difficult for us to put in those restrooms. So, what we are asking for is a waiver of the hook-up fees in the amount of the 3,877 dollars. De Weerd: Council, any questions on this request? Zaremba: Madam Mayor? De Weerd: It's certainly a very good one. Zaremba: The chief mentioned it, but I would comment that the firefighters are volunteering a lot of their time to do this, there have been, I believe, some donations of the supplies that went into the improvements that they have already made and are Meridian City Council February 10, 2009 Page 15 of 35 continuing to make. My personal opinion is that the city gets abenefit -- a community benefit from the activities that are done there and I would be in favor of approving the waiver of the fees. Bird: Is that a motion? Zaremba: It was discussion, but I could make it a motion. De Weerd: It sounded like a motion to me. Zaremba: Okay. I move that we waive the fees. Bird: I'll second it. De Weerd: Okay. Any discussion? Hoaglun: Although it will change the historic nature of the dairy bam, I mean bathrooms in the dairy barns, I mean that's -- you know, that's -- Bird: Now wait a minute. We had one in there, it just didn't do as good a job as they are doing. Hoaglun: I'll certainly support that, though. De Weerd: I don't want details. Any further discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Thank you so much. Bird: Madam Mayor? Wafters: Excuse me, Madam Mayor -- De Weerd: And, please, chief, if you can convey our thanks to your firefighters and those that have been involved with this project, I think what you did during the one hundred year celebration and improving it at that time and continuing the needed improvements out there, we appreciate it. I think that needs to continue to be a location that holds historic community events and these changes will allow it, because of code issues and life and safety. It's great what they are doing and we appreciate that -- we appreciate that. Bird: Madam Mayor? Meridian City Council February 10, 2009 Page 16 of 35 De Weerd: Mr. Bird. Bird: You know, I do echo your words, but I don't think enough thanks can be said to that guy right there. He's the one that got the ball rolling, never asked for any help from anybody, and firemen jumped in and helped him, thank goodness, and he's made that -- he will make that into a first class community building that all the community can use, I will assure you of that. De Weerd: Well, there is no doubt he's been persistent. Bird: He's been the boy. Anderson: Well, thank you, but it really is a team effort, so thank you. De Weerd: Sonya, did you have something else? Wafters: Yes. I'm sorry. Excuse me, Madam Mayor. I would like to bring to your attention -- I didn't realize the Council didn't have their hearing outlines earlier. The applicant for Solitude Place Subdivision, MBA 08-007, has requested the project be continued to the February 24th Council meeting. Just to mention that, so that the applicant and any others wanting to testify don't have to sit here all night. De Weerd: Okay. Thank you. Wafters: If it's Council's wish to continue that. De Weerd: Okay. We don't continue those until we get to them, but just -- Wafters: Oh, you don't? Okay. Item 9: Tabled from January 27, 2009: FP 08-021 Request for Final Plat approval for 7 building lots on 25.87 acres in C-N and L-O zoning districts for Education Campus Subdivision No. 2 by Joint School District No. 2 - south of East Leigh Field Drive and east of North Locust Grove Road: De Weerd: -- if anyone in the audience for this -- this item, the public hearing will be open on No. 14, but the applicant has requested that it be continued to February 24th. So, if you're here this evening to provide testimony, I apologize. Okay. Item 9 was tabled from January 27th, FP 08-021. I will ask staff for comment. Wafters: Thank you, Madam Mayor, Members of the Council. The next item before you is a final plat application for Education Campus Subdivision No. 2, consisting of seven building lots on 25.87 acres of land, zoned C-N and L-O. The site is located on the northwest comer of Chinden -- excuse me -- that's not right. It's located on Locust Grove, just north of Ustick. And the Council approved the preliminary plat for Education Meridian City Council February 10, 2009 Page 17 of 35 Campus Subdivision on April 15th, 2008. The preliminary plat is a resubdivision of Lots 1 and 2, Block 1, Education Campus Subdivision. The submitted final plat substantially complies with the approved preliminary plat. The applicant submitted a response in agreement with the staff report, except for condition number 6-E, which reads: All drive aisles shall be posted as fire lanes with no parking allowed. In addition, if a curb exists next to the drive aisle, it shall be painted red. The applicant is requesting a waiver from the requirement of the curbs to be painted red. Because this is a UDC requirement, the condition can't be waived. The applicant must apply for altemative compliance to that section of city code. Staff is recommending approval of the proposed final plat application per the staff report. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: None right now. De Weerd: Is the applicant here? Do you have any comment? I had to ask. If you will, please, state your name and address for the record. McKay: Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. I'm here representing the Meridian School District. Madam Mayor and Members of the Council, we -- those red curbs are just so ugly and since everything out there at the school property was existing, we were hoping just signage would be appropriate. And so I was kind of taking a chance that, you know, based on the ordinance it says for conversion of existing facility to private street, at the direction of the fire marshal all drive aisles will be posted as fire lanes with no parking and curbs next to drive aisles shall be painted red. So, the fire department did agree to let us do signage, but staffs interpretation is we have to do an altemative compliance. I'm just trying to save the district 160 dollars. De Weerd: Every penny counts. Every penny counts. Rountree: Eagle Scout project. De Weerd: Yeah. We can have some Boy Scouts go out and do it. McKay: And paint the curbs. So, anyway, I was just hoping that the Council had the authority to modify that. Thank you. We are in agreement with all other conditions. De Weerd: Thank you. Mr. Nary? So, if Council agrees this does not need to be painted, they do have to apply, then, for an altemative compliance? Nary: Madam Mayor, Members of the Council, I guess the Council tonight's not going to agree that it doesn't need to be painted. I mean that -- what the staff has directed, that is -- that is the interpretation of the ordinance, that it is required by the ordinance. They Meridian City Council February 10, 2009 Page 18 of 35 can seek an altemative compliance. So, they can come back in front of you with the proper application to do that, but you don't have the ability to make that decision tonight. De Weerd: And so that probably costs more than the 160 they are wanting to save. Nary: No. I'm not sure what the 160 is related to. Is that the fee? De Weerd: The 160 is the paint. Wafters: I believe so. Bird: That's the fee for the altemative -- De Weerd: That is the fee? Wafters: Madam Mayor, I don't have my fee chart right in front of me, but that sounds about right. It would be a staff level approval, it would not come back before the Council. De Weerd: Okay. Council? So, Sonya, what I -- I'm interpreting what the next step is is they can approve it as is and, then, they would need to -- the applicant would need to apply to you for that altemative compliance. Wafters: Madam Mayor, that is correct. De Weerd: And that because it is our code, that is the only process that can change this requirement. Wafters: Madam Mayor, that is correct. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I believe it's pretty clear. I move that we approve FP 08-021, with the clarification that at the moment there is no waiver for painting the curb. Rountree: Second. De Weerd: Okay. There is a motion and a second. Any discussion? Mr. Nary, because this is another taxing entity, is there a chance that -- a consideration of waiving of that fee? Meridian City Council February 10, 2009 Page 19 of 35 Nary: Madam Mayor, Members of the Council, certainly they can always request to waive the fee. I mean that's -- the Council certainly heard those before. Probably five minutes ago, so -- on waiving the fee. They can do that. De Weerd: I do have a motion and a second. Is there any further discussion or changes to the motion? Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: FP 09-001 Request for Final Plat Application of 38 single-family lots and 8 common lots on 11.63 acres in an R-8 zoning district for Oakcreek Subdivision No. 1 by Coleman Homes -south of West McMillan Road and west of North Black Cat Road: De Weerd: Okay. Okay. FP 09-001 is Item No. 10. It looks like there are no outstanding issues for the Council. The applicant has agreed to all requirements. Council, do you need any further information? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 09-001, final plat application for 38 single family lots. Zaremba: Second. De Weerd: Okay. Motion and a second to approve Item 10. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: Adoption of Meridian City Clerk's Fee Schedule: De Weerd: Okay. Item 11 is a public hearing on the adoption of the city clerk's fee schedule. Who will be presenting this? Green: Madam Mayor, Members of the Council, during the January 20th City Council meeting Jaycee Holman presented the proposed city clerk fee schedule in detail. The schedule that has been published for this public hearing was as per discussion on January 20th. With that I would stand for any questions. We also have Nancy Radford here from city clerk's to answer any questions you may have. Meridian City Council February 10, 2009 Page 20 of 35 De Weerd: Thank you. Council, any questions? Bird: I have no questions. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this Item? No. 11. Okay. Ralph? Okay. Council? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Seeing no public testimony, I move that we close the public hearing on Item No. 11. Bird: Second. De Weerd: Motion and a second to close the public hearing on Item 11. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 12: Resolution No. :Adopting Meridian City Clerk's OfFce Fee Schedule: De Weerd: Item 12 is the resolution, 09-651, adopting the Meridian City Clerk's office fee schedule. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve Item No. 12, resolution number 09-651, and authorize the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve Item 12. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 13: Public Hearing: 2007 Action Plan Amendment for Meridian's Community Development Block Grant (CDBG) Program: Meridian City Council February 10, 2009 Page 21 of 35 De Weerd: Okay. Item 13 is public hearing for the 2007 action plan amendment for Meridian's CDBG grant. Wafters: Would you like me to make a presentation to you? Thank you. Madam Mayor, Members of the Council, the 2007 action plan allocated just over 110,000 dollars towards the demolition of a blighted and substandard property within the Meridian urban renewal area at 1535 North Main Street across from Subway, the old print shop. The total cost of the demolition was 80,000 dollars less than the allocated amount. Those leftover funds are now available for use on other CDBG activities, but since they are 2007 funds in HUD's eyes, and since funds were approved to the city in 2007, we need to amend the 2007 action plan, which requires a public comment period of 30 days to obtain input when additional projects are added. Two projects are proposed for use of these leftover funds at this time. The first is to provide the Meridian City Food Bank with 10,000 dollars to increase their ability to serve the Meridian area. And, second, provide the Boys and Girls Club with 2,000 dollars to build a fence around their new location to allow staff additional time to spend with other children. Staff will submit a future amendment for the remainder of the left over 2007 funds. Staff is currently determining the eligibility of several new projects, but we don't want to delay the two projects that we know are eligible in the meantime. That's all staff has at this time. De Weerd: Okay. Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: This constitutes the opening of the 30 day public hearing -- Wafters: That is correct. Rountree: -- yet we are only identifying 12,000 dollars of that potential 80,000 dollars. So, as those amendments come forward we extend the duration of the public hearing as that amendment gets modified each time? Wafters: I believe so, but I can't confirm that for sure. Matt Ellsworth is the planner overseeing this. De Weerd: Mr. Nary. Wafters: He did say that they are looking into improvements to the 8th Street and Centennial Parks and that a consultant will prepare a survey to determine income characteristics of these park service areas. The cutoff for consultant proposal submittal is February 16th. If neither park is eligible, then, they will be identifying a more fitting use of the left over 2000 funds. De Weerd: Because they do have to clarify, there is -- it is within an area of need. Meridian City Council February 10, 2009 Page 22 of 35 Bird: Right. Wafters: I assume a new 30 day period would start with each new project, but I'm not positive of that. De Weerd: Mr. Nary, is that your impression as well? Nary: Madam Mayor, Members of the Council, that's correct. I think what Mr. Ellsworth wanted was to get these projects through the pipeline, because of the 30 day window and, then, when we bring the next, then, a different 30 day window would start. De Weerd: Okay. Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council, our 30 day period starts. Is this only open for written comment or -- Wafters: It's a public hearing -- De Weerd: -- which we have done in the past. Wafters: -- in the past. Mr. Nary? Nary: Madam Mayor, Members of the Council, it would remain open. We will bring it back in 30 days to close the public hearing, so that written comment in between, as well as we will notice up that second one that they can still provide written public testimony. De Weerd: Okay. Do you have a date certain? Nary: No. I don't -- I don't know that -- I don't think I saw anything, so we will just -- it just has to be 30 days out. So, we will make sure we put another notice out for that and so it will be sometime after March 10th. De Weerd: And is that how you make the motion? Bird: March 10th. Nary: We are just going to leave it open for 30 days. So, you're not going to close anything. Bird: No. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Yes. Meridian City Council February 10, 2009 Page 23 of 35 Zaremba: I don't think that complicates this issue, but I just wanted to suggest that maybe you would pass along to Matt investigating whether our community center would qualify for some of those funds. They have run into some unexpected expenses there and it's certainly in the right location, so -- De Weerd: Mr. Zaremba, I would imagine because we are trying to verify that is an area of need next to Centennial Park, which is part of that, it should also qualify the community center, if it's found appropriate. Zaremba: Thank you. De Weerd: Or do you have to do project specific? Wafters: I believe it's project specific. De Weerd: Okay. So, it would have to be under a separate application. Okay. Thank you. Okay. Seeing that there is no comment, no further questions from Council, this public hearing will continue to remain open for no less than 30 days. Item 14: Public Hearing: MDA 08-007 Request to modify the Development Agreement for Solitude Place Subdivision by Solitude Development, LLC -east side of Meridian Road and south of McMillan Road: De Weerd: Okay. Item 14 is a public hearing on MDA 08-007. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move that we continue -- De Weerd: Mr. Zaremba, hold on. I just want to officially open this area -- Zaremba: I thought you did. I'm sorry. De Weerd: -- or this item and -- yes, please. Zaremba: I was jumping the gun. I'm sorry. There has been a request to continue it, so I move we continue it to February 24th, 2009. Hoaglun: Second. De Weerd: Okay. I have a motion and a second to continue Item 14 to February 24th. All those in favor say aye. All ayes. Motion carries. Meridian City Council February 10, 2009 Page 24 of 35 MOTION CARRIED: ALL AYES. Item 15: Public Hearing: MDA 08-008 Request to modify the Development Agreement for Knight Sky Estates by Sea to Sea, LLC - 6555 North Linder Road: De Weerd: Item 15 is a public hearing on MDA 08-008. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. This is a request for a modification to the recorded development agreement for Knight Sky Estates, approved with the annexation of this property. As a condition of approval of the recently approved time extension for the preliminary plat, the applicant is required to modify the DA to include building elevations for the project. Additionally, the applicant is requesting to modify an existing DA provision that restricts access to Chinden Boulevard, State Highway 20-26. The property is located at 6555 North Linder Road on the north comer of Linder and Chinden. These are the -- these are photos of building elevations that the applicant is proposing be included in the development agreement. These are commercial office buildings. This is the proposed club house. This is the Linder - Chinden comer concept. And these are some of the single family residential product. These were the single family residential building elevations that were approved with the annexation. You can see the ones proposed by the applicant tonight are -- have much better quality. Staff is supportive of the proposed building elevations, as they represent high quality design and construction materials. Staff is recommending a DA provision be added for future structures constructed on the site to substantially comply with the elevations submitted with this application and current design standards in effect at the time of certificate of zoning compliance application as applicable. The applicant is requesting to modify DA provision number 5.1.8 that restricts access to Chinden Boulevard, State Highway 20-26, to allow direct lot access to Chinden if prior approval is obtained from the Idaho Transportation Department and a variance is approved by the city. Staff believes that approving a modification to this provision at this time would be premature, as the site conditions and UDC provisions pertaining to access to the state highways and arterial streets have not changed since the time the property was annexed and a DA was signed in 2006. Further, the UDC, Section 11-3H-4B prohibits new approaches directly accessing a state highway, except public street connections to the state highway are allowed at the section line road and the half mile mark between section line roads. In the future if ITD allows any direct lot access to Chinden for this site, and if the city approves a variance request for such access, the applicant may apply to amend the DA at that time. Until such time staff is recommending denial of the applicant's request to amend DA provision 5.1.8. Staff will stand for any questions the Council may have at this time. De Weerd: Council, any questions at this point? Bird: I have none. Meridian City Council February 10, 2009 Page 25 of 35 Rountree: I have none. Zaremba: None. De Weerd: Okay. Is the applicant here? Hi. Nickel: Hi. De Weerd: If you will, please -- Nickel: Madam Mayor and Council, for the record, Shawn Nickel, Rose Law Group, 6223 North Discovery Way, Suite 200, in Boise. Here tonight representing Sea to Sea Development and the application in front of you to modify the development agreement. Last year I -- let me back up. As part of a condition of approval for our time extension we were required to submit a modification application for the -- to change the development agreement to adopt these new -- the new and I guess the existing elevations that were part of the original application. Last year I sat down with several of you and explained my client's concerns with regards to access on Chinden Boulevard. Those concerns were -- part of it were my client's inability to -- or lack of finding sellers that were willing to commit to the property because of access issues and also the recent actions over on the Eagle city side of that intersection with regards to potential access on Chinden and what I -- what I had voiced our concern was over not having a level playing field like we had when we originally agreed to no access onto Chinden. Because we have to come back as part of our time extension to modify the development agreement, what I'm asking for is a modification to that part of the text. Now, changing that does not grant us access to Chinden, we are still going to be required to go through ITD, which we are going through right now, to get approval and, then, we also have to come back in front of you for a variance. And either one of those could be denied. So, we are not asking for the access right now, what we are asking for is the modification to that specific text in the development agreement, so that if we do go through those steps we don't have to come back in and amend the development agreement again. Now, if I wasn't up here tonight amending this, I would just wait for those to happen, but, you know, 2,600 dollars later, new public hearings, new neighborhood meetings, going through a development agreement modification, it just becomes redundant to have to go back through that process again, since we already have the application open. That's the reason for my request tonight and I will stand for any questions. De Weerd: Thank you. Council, any questions? You know, Shawn, I guess I have one. Has -- I believe the development where Eagle has recommended approval to the county has the access at less than -- than the half mile. Has that been approved through the county? Nickel: It's my understanding it's going through the courts right now for approval. It was approved by Eagle and I think ITD has tentatively approved it. Meridian City Council February 10, 2009 Page 26 of 35 De Weerd: The county has to approve it, because it's in the county. Nickel: Oh, I'm sorry. Yes. The application itself is not within the city, it was a comp plan amendment and so what Eagle did is they changed their Comprehensive Plan, the wording on that, as far as the access. But, yes, it would still have to go through Ada County for the approval of the actual development, unless the city was to annex it. De Weerd: Well, you know, this intersection at Linder and Chinden is going to be a real critical intersection and certainly the city and this Council has been very conscientious to keeping a level playing field. I think it's -it's premature to -- to change your DA at this point when there is not an absolute that the playing field is different and I guess that would be my concern at this point is if this Council were to approve your request to modify the DA against our ordinance, it would still have to come through a variance, but it's kind of saying the wrong message for the consideration of even the Eagle project. Do you see what I'm saying? Nickel: I do and -- De Weerd: And I certainly support that level playing field. I do. That's why I have been involved in that corridor planning and all of that, is we all have to play by the same rules or you do financially disadvantage someone else. Nickel: And, Madam Mayor and Council Members, the only -- the only negative to us - and, yeah, we could come -- we could go through the steps and, then, come back and modify, but it's only negative that we have seen in the past is reluctance of potential buyers of the property taking the development agreement and the first thing they see is no access. And so they are not going to even be willing to go to the next step and petition the city for a variance and go through all that, because they see no access and they walk away, they go to another piece of property. That's happened in the past. And so, again, the way that we have worded it -- and we can work on the wording. It's not granting us a permit -- or it's not granting us access in this development agreement, but it's not specifically saying no access. You still have to go through the -- those process -- that process. And I understand your concern. I hope you can kind of see -- see ours. De Weerd: Well, I guess what I -- Eagle has changed their comprehensive plan and what I think the city has advocated is consistency in that comdor, but also that the four comers of that critical intersection get together and talk about an accessible access plan and I believe your clients and the other comers, but the Eagle comer have all said we are willing to sit at the table and discuss how we can make that critical intersection function if -- so, it's really hard to say what is right to do right now. Nickel: And we agree it is a very critical intersection and three years ago when we entered into this agreement we were told by your staff, by you and by ITD we are not allowing access and that was -- didn't even fight it at that point. We said, okay, that's fine because all four comers now have that requirement. Well, it's -- we are seeing it dwindle -- we are seeing it get dwindled away and it's affecting my client's ability to Meridian City Council February 10, 2009 Page 27 of 35 properly market this property, regardless of what ultimately happens, I mean it could still be denied and I think that condition or that text in there still -- still allows the city to be the ultimate decision maker on that and I don't think the way it's -- the way I have proposed it it gives the perception to the developer that you are granting that approval at this point. It's just -- it's just -- it's just the way that it's worded would help the developer market that. So, that's the request. I'll leave it up to you to -- to make that decision and, if not, we would -- we would, obviously, have to come back and modify the development agreement. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Shawn, how far west does that property go? Does it go all the way to Spur Wing? Nickel: It does. Bird: That you're developing. Nickel: It goes to that -- that stop light that is currently -- Bird: That's what I was going to say. So, you have got a -- you have got a very very good -- all you would have to do is put in a front and you're worried about coming back, but in the same token you're talking about -- we have -- if we are restricted we can't sell it. So, if you sell it what's to say the new buyer is going to put in the elevations and stuff you have shown us now that you won't have to come back with a new development agreement modification then? Nickel: Well, that's -- Bird: If you're -- I mean, you know -- and, really -- I think you could put -- I think you could put in a frontage or a back-age or a middle road that dumps down there at the stop light. You have got the perfect -- you have got the perfect -- Nickel: And, Madam Mayor and Council Member Bird, the -- the concept plan that is part of the development agreement actually does show a frontage road going to the -- to the light and to Linder and the way I envision that, if we ever do get access, it's going to be a limited access anyway. It's probably going to be a right-in, right-out at that -- at that quarter mile point. So, you know, we understand we are -- it's not going to -- it's -- you know, but it will still have to go through all those processes, even to be considered. All we are asking for is just the verbiage to be changed at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 10, 2009 Page 28 of 35 Rountree: It seems to me this is an approach to shine on a potential buyer if they just happen to not know there is an ordinance that doesn't allow access on the state highway system. My preference would be to continue this, if we can get a date certain when they are going to be -- or getting an approved access from the state transportation department and be scheduling a variance request or that if they want to modify the DA at this point in time, the access restriction paragraph be modified and say access is controlled on this site per City of Meridian ordinance X, Y and Z and that really is what governs. So, your potential buyer will know and not say, oh, I didn't know I couldn't do this and, oh, I need a variance because. Not going to fly. Nickel: Madam Mayor and Council Member Rountree, I -- and, again, I'm fine with modifying that wording to -- I mean we can include that -- that section as well. I mean I -- we are not -- not trying to deceive and I know you're not saying we are purposely, but we are not going to try to deceive that buyer, he's still going to understand that he's got to go through those other hoops. Rountree: I hope so. Nickel: It's just that when they see no access staring at them on a development agreement, they are just -- they are done and they have the tendency to walk away and that has happened before on this piece of property. And it happened across the street on that ten acres that my clients did eventually sell, so -- so, I guess in conclusion it's not the -- De Weerd: And so, Shawn, that was before those -- what you're referencing, then, was before Eagle granted greater access -- less restricted access or however you want to phrase it, so that's not really the reason if everyone was still playing by the rules at that time. Nickel: Right. But -- and you are correct and, again, it's -- it's not finished across the street. We understand that, but -- and in conclusion, it's not the end of the world if you don't grant us this tonight. We can come -- we have the ability to come back and change it. It's just that we are already up here and we have spent the time, I have had the neighborhood meetings and we have notified the neighbors of what we are proposing and that's a long drawn out process to -- to, you know, simply modify a development agreement. I mean you have to post the site -- it's -- and so we are here -- we are here now doing it. De Weerd: Okay. Mr. Zaremba, did you have something? Zaremba: Yeah. I'm -- I agree with the idea of having a level playing field. I always feel that developers should know that they aren't going to have any greater or lesser requirement than any other developer does. My suggestion was going to be that rather than signal that we would at some time later be preconceived to consider another access here, that what we really ought to do is take a position with the county when that development comes to them and ask them not to approve the access that they are Meridian City Council February 10, 2009 Page Z9 of 35 proposing, so that, in fact, all four comers do still have the same rules. That would lead me to say that at this point I would not signal -- signal our future opinion about this one property. So, I guess I'm saying three things. I would like to approve the change that brings in the new proposed building elevations, deny the request to modify the access, and separately suggest that we take a position with the county when that project comes before them. De Weerd: Okay. So, already discussion points it still is a public hearing. I'm not sure if any of the members in our audience want to testify on this item, but we will see and, then, conclude this discussion. This is a public hearing for Item 15. Is there anyone who would like to provide testimony on this item? Okay. Council, I guess there -- there is -- another thing is I agree with Mr. Zaremba, you know, this city has worked very closely with the developers in maintaining restricted access to our ordinances. Certainly the northeast comer has kind of thrown a wrench in it with their proposal that is not yet through the process. I still maintain that because of the intricacies and the importance of that intersection, I would like to see a plan and get the property owners together, so that whatever -- whatever happens and we seem to see that the ITD hearing officer kind of further complicates things with their decisions that they make, to move towards an access plan that all four property owners come up with is in some regards perhaps the best we can do, if we can get them all to the table. In the interim I think we do need to testify at the county and -- and make strong recommendations to maintain the corridor that certainly this city and subsequent cities along the rest of the corridor have been fighting to maintain. So, now the ball is in your court. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I wanted to pursue Councilman Rountree's discussion of potential -- of looking and putting into the -- allowing a modification that changes that language, where it says that the City of Meridian controls those accesses and, you know, I can understand Mr. Nickel not wanting to go through a change again and the posting and the different things. I think from what I hear we do not give up anything if we allow that type of language change. The process still remains. It would still -- we still can require that level playing field of everybody, but Ididn't -- I just want to make sure I understood that well enough to see if that got us where we -- we could ultimately go to. So, any help on that I would appreciate it. Rountree: Madam Mayor, I guess explain the comment I made. I - I'm not willing to make a statement in the development agreement that -- or an allusion that access is going to be allowed. Having said that, I'm okay with saying something in the development agreement about how access is controlled and access is controlled by our ordinance on a state highway and that says there will be none or a variance can be requested. And typically when the variance is requested, we either approve those or deny those based on the engineering detail we get from the state transportation department. Obviously, two of our concerns with this corridor, safety being number one, Meridian City Council February 10, 2009 Page 30 of 35 and maintaining capacity and anytime you have more frequent access you have the potential for more rear-end accidents and you have a loss of capacity, being what resulted in our ordinance anyway. So, I guess I don't have a problem saying in the development agreement how the access is controlled, as opposed to saying it's denied. In effect it is denied until there is a waiver request. Hoaglun: And Madam Mayor -- Rountree: And that doesn't give somebody the opportunity to take the development agreement and say, well, here you say it's okay, but in your ordinance you say it's not okay. So, anyway, Idon't -- I -- to me it makes it more clear and it simplifies the process to the developers. They don't have to come back in for a development agreement change, they come back in for a variance request. Hoaglun: Madam Mayor, that clarification does help in terms of what I thought he was saying, because that's part of the process is if it helps the developer not go through another hurdle, but still doesn't allow them to do something that our ordinance does not allow. Rountree: Right. Hoaglun: Which I think we have to be very careful at this intersection, because once development happens again, when the economy picks up, you know, we need that level playing field and that's going to be a very, very busy spot. Rountree: And I guess I'll finish my comment. We have been pretty generous in allowing variances if the engineering and the safety concerns have been fully investigated and the recommendations have been made and brought back to us through the efforts of the developer and their engineering firm. In fact, I don't know one we have denied once the information has been provided that's been adequate. De Weerd: So, Shawn, I think that language does accomplish what you're requesting. Nickel: Madam Mayor and Councilman Rountree, I appreciate that and we do understand and we know that we would be submitting a variance until everything else was done and, then, you would make that decision based on that information that you have. I don't know if we need to maybe have Mr. Nary and I work on that wording or if you have some suggested wording. I'm in no hurry to rush this through. But I think that if we could change the wording the way you're explaining it that both of us should be happy. Rountree: And keep you from coming back for another DA amendment. Nickel: And that was the main thing, just because we -- in fact, I think I told you one time that I wasn't going to come back to modify that until we have this -- and just so you Meridian City Council February 10, 2009 Page 31 of 35 know, when we did submit this development agreement request we didn't know that there was an appeal going on with that -- with that access. Rountree: And the other part of this -- and to me one of the significant parts of this -- I like very much what you have done with your design. I think they have done an excellent job and I fully support that that be included in the development agreement. De Weerd: And if I may say, you could do the entry work right now, instead of this large equipment that's there currently. Sure would look a lot better. Nickel: Only if we could put that right tum going south onto Chinden. Thank you for your consideration and however you want to word that or work that out. Nary: Madam Mayor, Members of the Council, between Mr. Nickel and myself and the planning staff we will get that language from your comments. I think we will be okay. We'll get that done and bring it back. Rountree: So, would a motion incorporating that consultation be in order? Nary: Yes. Rountree: Okay. And not having to have this item come back. Nary: Yes. Bird: Yes. De Weerd: Okay. So, if there isn't anymore discussion, I would entertain a motion to close the public hearing. Rountree: So moved. Bird: Second. De Weerd: 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. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the proposed building elevations and inclusion in the DA and request that the applicant and the city attorney get together and craft language Meridian City Council February 10, 2009 Page 32 of 35 in the DA as it relates to access on this parcel being controlled by Meridian ordinance and not with exclusionary language in the -- in the DA. Bird: Are you done? I'll second it. De Weerd: Okay. I have a motion and a second. Any discussion? Hoaglun: Just a question, Madam Mayor. Do we -- are we still going to be doing a letter to the county regarding this -- this intersection and our position on the requirements? De Weerd: Absolutely. I think that planning staff can draft something up and perhaps have that next week for signature by Council and the Mayor. I think it is that important. Hoaglun: Thank you. De Weerd: Okay. If there is no further discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 16: Public Hearing: MDA 09-001 Request to modify the Development Agreement for Ambercreek Subdivision No. 2 by Land Pro Development, Inc. -North Meridian Road and West McMillan Road: De Weerd: Okay. Item 16 is a public hearing on MDA 09-001. I will open this public hearing with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. This is a request for a modification to the recorded development agreement for Amber Creek Subdivision, approved with the annexation of this property. As a condition of approval of the recently approved time extension for the phase two final plat, the applicant is required to modify the DA to include building elevations for the project. The site is located west of north Meridian Road and south of West McMillan Road. The applicant has submitted photos of the existing homes constructed with phase one that were shown at the hearing for the time extension request. Staff is recommending a new DA provision be added requiring future homes constructed on the site to be consistent in appearance to the elevations shown and include certain design features and materials as stated in the staff report. Staff is also recommending a DA provision be added requiring future homes in phase two to be sited on lots where the map and scale is compatible between single story homes and two store homes. For example, a single story home shall not be constructed with two story homes on both sides. The applicant shall submit an exhibit to the Planning Department demonstrating compliance with this requirement. Staff recommends approval of the DA modification with the provisions stated and included in Meridian City Council February 10, 2009 Page 33 of 35 the staff report. The applicant has submitted a response in agreement with the staff report. Staff will stand for any questions Council may have at this time. De Weerd: Council, any questions? Rountree: I have none right now. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Brownly: Shawn Brownly. Land Pro Development. 2364 South Titanium Place and we are in agreement -- excuse me. We are in agreement with the staff report and I'll stand for any questions. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Brownly: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council, any further information needed? Or I would entertain a motion to close the public hearing. Hoaglun: I move that we close the public hearing. Bird: 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 carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve MDA 09-001, to include the staff recommendations and I would make one clarification. Since we are having the elevations included, there is one elevation that, in fact, shows a single story house with a two story on each side of it and we are not agreeing to that -- the two paragraphs of the staff recommendation would Meridian City Council February 10, 2009 Page 34 of 35 seem to be contradicted by that one picture and we are not asking for that picture to be the -- the guiding factor. Does that make sense or do I need to restate that? De Weerd: That makes sense. Hoaglun: I'll second that. De Weerd: Okay. I have a motion and a second to approve Item 16 as stated by Mr. Zaremba. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 17: Ordinance No. _09-1395 _: Deleting In-Code References to Clerk's Office Fees: (3~d Reading) Item 18: Ordinance No. 09-1397: Parking Code (2~d & 3ra Reading): De Weerd: Okay. Items 17 and 18 are ordinances 09-1395 and 09-1397. Item 17 is in its third reading and Item 18 will hold its second and third reading. Madam Clerk, will you, please, read these two ordinances by title only. Green: Thank you, Madam Mayor, Members of the Council. Ordinance No. 09-1395. Third reading. An ordinance of the City of Meridian amending Title 3, Chapter 1, Meridian City Code, regarding fees for investigation of license or permit applicants. Amending Title 3, Chapter 2, Meridian City Code, regarding application fees for beer, wine, and liquor licenses and the transfer thereof. Amending Title 3, Chapter 4, Meridian City Code, regarding application fees for mobile sales unit licenses, temporary use permits, and citizen use permits. Amending Title 3, Chapter 5, Meridian City Code, regarding application fees for pawn broker licenses. Amending Title 3, Chapter 6, Meridian City Code, regarding application fees from massage establishments and massage licenses. Amending Title 3, Chapter 8, Meridian City Code, regarding application fees for private patrol service, private security service, and private patrol agent licenses. Amending Title 5, Chapter 4, Meridian City Code, regarding application fees for retail sales of non-aerial common fireworks permits and public fireworks display permits. Amending Title 6, Chapter 2, Meridian City Code, regarding dog licenses and lost dog tag fees and providing an effective date. Green: Item No. 18. Second and third reading. City of Meridian Ordinance 09-1397. An ordinance of the City of Meridian amending Title 6, Chapter 1, Section 6, Meridian City Code, regarding code enforcement division authority. Amending Title 7, Chapter 2, Meridian City Code regarding parking regulations and providing an effective date. De Weerd: Thank you. You have heard these two ordinances read by title only. Is there anyone who like to hear them read in their entirety? Seeing none -- Meridian City Council February 10, 2009 Page 35 of 35 Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve Ordinance No. 09-1395 after the third reading and Ordinance No. 09-1397 after the second and third readings. Rountree: Second. De Weerd: I have a motion and a second to approve these two ordinances. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: Okay. We are at the end of our agenda. Council, if there is no further business in front of -- Bird: Move we adjourn. Hoaglun: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 8:40 P.M. 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