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HomeMy WebLinkAbout2009 12-22Meridian City Council Meeting December 22, 2009 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 22, 2009, by Council President Charlie Rountree. Members Present: President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Mayor Tammy de Weerd Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Tom Bany, Jeff Lavey, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X Brad Hoaglun X Keith Bird O Mayor Tammy de Weerd Rountree: Good evening. I'll call the meeting to order. This is Tuesday, December 22nd. This is our last official meeting for 2009 and wish you all a happy holiday season and a good new year to come. Start this evening's meeting with roll call vote. Item 2: Pledge of Allegiance Rountree: We will be led this evening in the Pledge of Allegiance by Boy Scout Troop 462. We have a couple gentlemen that are going to help us out this evening. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Burton Roberts with Meridian Gospel Tabernacle. Rountree: Fellows. Guys, come here. Got a couple pins for you as a reward for standing up and doing this. City of Meridian pins. And thank you. This evening we will be led in the community invocation by Pastor Burton Roberts. Thank you for being here this evening. Roberts: Thank you for this opportunity. Let us pray. Most gracious and kind Heavenly Father, it is always our privilege to come before you and ask in the name of our Lord and Savior Jesus, the Christ, for your blessings in our lives and especially with this season and the opportunities that we have to show our love for you and our love for our fellow man. We ask tonight, Father, that you would cause your Holy Spirit to move upon each one of our lives in this community, that you would bless our City Council as they go over the facts of this evening, cause them to have great wisdom, understanding, Meridian City Council December 22, 2009 Page 2 of 33 and guidance as they make their decisions tonight. So, cause all of our hearts, Father, to this week really understand the true meaning of Christmas. May our hearts tum toward you and, again, I ask that we would be able to sense the brotherhood and the specialness of this occasion, so all of us may join together in the wonders of rejoicing at such a gift of God. We ask all these things in Jesus' wonderful mighty name, amen. Item 4: Adoption of the Agenda. Rountree: Next is the adoption of the agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: On the agenda under Consent Agenda, Item 5, Item N, the resolution number is 09-702. Item O, the resolution number is 09-703. Item P, the resolution number is 09-704. And we would like to add an Item Q to the Consent Agenda, which is a letter to the Idaho Transportation Department regarding Eagle Road access issues. Each member of the Council has been given a hard copy of that letter and it has also been added to the city website under tonight's agenda, if anybody cares to look at that. Farther down on the agenda, under action items eight -- I'm sorry. Under ordinances, Item 9-A, the ordinance number is 09-1437. Item B, the ordinance number is 09-1438. And with that I move we adopt the agenda. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of the December 8, 2009 City Council Meeting B. Artist Acceptance Agreement with Duncan Grandin for Display in Initial Point Gallery C. Professional Service Agreement Between Centra Consulting Inc., and the City of Meridian for aNot-to-exceed Amount of $50,000.00 for QLPE Review of Construction Drawings as Allowed in Idaho Code I.C. 39-118(2) (d). D. 2008-2009 Financial Audit Agreement with Eide Bailly, LLP for a Not-To-Exceed Amount of $40,300.00 Meridian City Council December 22, 2009 Page 3 of 33 E. Irrigation Easement Between Meridian Dairy and Stock Shows, Inc. and the City of Meridian for the Split Corridor Pump Station F. Contract Amendment with Billing Document Specialists to Extend Utility Billing Services for an Additional Year per the Existing Agreement Dated October 1, 2006 for aNot-To-Exceed Amount of $200,000.00 G. Change Order #1 to Task Order #0663A, Creekside Arbour LOMB with CH2M Hill, Dated December 4, 2008, for Response to FEMA Comments for aNot-to-Exceed Amount of $7,800.00 H. Task Order #0711A with Hydro Logic for Well #18 Evaluation per Master Agreement Dated February 18, 2007 for aNot-to- Exceed Amount of $11,583.00. I. Findings of Fact and Conclusions of Law for Approval: AZ 09- 005 JJA Land by Mason and Stanfield, Inc. Located at Northwest Corner of North Linder Road and West Ustick Road: Request for Annexation and Zoning of 5.89 Acres from RUT (Ada County) to C-C (Community Business) Zoning District J. Findings of Fact and Conclusion of Law for Approval: AZ 09- 009 Southridge-Hodges by Linder 109, LLC Located at 1785 South Windy Ridge Lane: Request for Annexation and Zoning of 6.16 Acres from RUT in Ada County to R-8 (Medium Density Residential) Zoning District K. Findings of Fact and Conclusions of Law for Approval: AZ 09- 004 The Baby Place by Brent 8< Coleen Goodwin Located at 270 North Linder Road: Request for Annexation and Zoning of 0.98 of an Acre from R1 in Ada County to C-C (Community Business) Zoning District L. Findings of Fact and Conclusions of Law for Approval: AZ 09- 008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District M. Development Agreement: RZ 09-003 Request for Rezone of 5.02 acres from R-8 (medium density residential) to L-O (limited office) zone for Bainbridge by Brighton Corporation - Meridian City Council December 22, 2009 Page 4 of 33 south of Chinden Boulevard on the west side of N. Ten Mile Road N. Resolution No. :Adopting Meridian Parks and Recreation Department Administrative Policy Regarding Use of Metal Detectors in City Parks and Facilities O. Resolution No. :Approving Consolidated Annual Performance Evaluation & Report (CAPER) for CDBG Program Year 2008 P. Resolution No. :Adopting Meridian Police Department Administrative Policy Enumerating Approved Alcohol Server Training Programs Rountree: Next item is the Consent Agenda. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: As noted, we filled in the resolution numbers for N, O, and P, added an Item Q, which is a letter to the Idaho Transportation Department and with that I move we approve the Consent Agenda and authorize the President to sign on behalf of Mayor and the Clerk to attest. Hoaglun: Second. Rountree: It's been moved and seconded to adopt the Consent Agenda. Any discussion? All those in favor -- well, we need a roll call on this one. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. City Clerks Office 1. Request by Lee White for Waiver of Fees for Accessory Use Permit Rountree: Next item, Department reports. City Clerk. Holman: Councilman Rountree, Members of the Council, we have a request by a Mr. Lee White for a waiver of fees for an accessory use permit for his property on -- I Meridian City Council December 22, 2009 Page 5 of 33 believe it's Ten Mile Road. I, actually, had spoken to Mr. Friedman and he is going to give a little bit of an update on this. Rountree: Okay. Thank you. Pete. Friedman: Thank you, Council President Rountree, Members of the Council. This is -- my presentation will be short. Mr. White has requested a waiver of the fees for an accessory use permit for a home occupation. Obtaining the permit is necessary to remedy a code violation on Mr. White's property. The processing of the home occupation permit we are hopeful will remedy that situation. The C-4, that permit is 160 dollars and Mr. White has requested a waiver of the fees by the Council. The UDC grants the Council authority to waive those fees based upon hardship and right now tonight, really, the only thing before you is the question of whether or not the fees should be waived. If you have any questions I would be happy to answer them. Rountree: Any questioned for Pete? Just run down what the fees are for. Friedman: Primarily it covers the cost of -- of course, our staff time in reviewing the application and notifying surrounding property owners and generally just transmitting paperwork, doing that sort of thing. Rountree: Would that include hearing notices if anyone objects to this application? Friedman: Yeah. There are no other costs involved in the permit. Rountree: Okay. Mr. White, are you here this evening? Do you have some comments for us? We have your letter and we have that on record. White: Does everybody get nervous when you get up here? Rountree: Certainly do. We do, too, so -- if you would give us your name and address for the record. White: Lee White. 1750 North Ten Mile Road, Meridian. You have my letter? Rountree: We do. White: As stated? Well, essentially, there is supposedly some letters against me, asking to close my operation and what I have been doing down. I have taken about two minutes to write -- and written something. It will take about two minutes. Would that be acceptable? Rountree: That's fine. White: Okay. Meridian City Council December 22, 2009 Page 6 of 33 Nary: Mr. President. Mr. President. Mr. White, is what you're reading related to you waiving the fee and not to the underlying request that you made; correct? Because all we are considering this evening is whether or not you're allowed to waive the fee. This isn't the hearing or a hearing to hear whether or not your underlying application should be granted. I just didn't want to mix the two. White: Yeah. Well, not being versed in the law and things, so I -- I probably mixed the two together. Nary: All they need to hear, sir, is whatever -- whatever reasons you have in requesting why the fee should be waived. There will be another opportunity to discuss your underlying application. White: Okay. That will be acceptable, then. Nary: Okay. White: I don't have any other than what Mr. Friedman said. I personally think that the fee might be a little bit high. Would like to not have to pay it, but it's in your hands. Rountree: Well, thank you. Any questions for Mr. White, Councilman? Bird: I have none. Rountree: Discussion? We will need a motion one way or another. Zaremba: It's hard to avoid discussing the underlying issue. Rountree: Well, again, this is whether to waive the fees. The application yet needs to go through the process of approval or not and -- Zaremba: Mr. President? Rountree: -- there are both supporters and objectors, apparently. Zaremba: Mr. President? Rountree: David. Zaremba: I'll move that we waive the fee for this application. Bird: Second. Rountree: It's been moved and seconded to waive the fee for the application. Any discussion? Brad? Seeing no discussion, we will have roll call vote on the motion. Meridian City Council December 22, 2009 Page 7 of 33 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Police Department 1. Budget Amendment for K9 for $4,795.00 Rountree: Meny Christmas. Next item, Department Report from the Police Department. Two items. Lavey: Mr. President, Council. Two items here today. The first item I spoke with you briefly at the workshop about a month ago in regards to the K-9 request. Through the generous donations of the community we have the opportunity to purchase one K-9 and through the Council approved enhancement to replace that same dog and the original plan was to sell our single purpose narcotic detection dog. I am in front of Council today asking for an amendment to cover the wage salaries that would require under SLSA to go ahead and keep that dog and, then, put it on as a drug interdiction dog for our schools. The total cost is 4,795. That covers the wages and workmen's comp and all those other fees that are associated with that. And I'm here to take any questions on that request. Rountree: Any questions for the chief on that request? We have discussed it in the past. Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve the budget amendment for the K-9 for the amount of 4,795 dollars. Bird: Second. Rountree: It's been moved and seconded to approve the budget amendment request. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. 2. Brynne Grant Update on Purchase of Scout Alarms Meridian City Council December 22, 2009 Page 8 of 33 Lavey: Mr. President, Council, the second item is also something I briefed to Council about in the past on the Bymne grant. If you remember, the City of Meridian was successful in obtaining two separate grants, one about 133,000 dollars and the other one in the amount of 31,000 dollars. I came before Council and gave several items that we were intending to purchase with those grant monies. One of them was the records management software and the other one was some Scout alarms. I'm in front of Council today just to inform you that we have purchased those Scout alarms in the amount of 20,801 dollars and the reason why I am bringing this in front of Council is just to let you know that although I have monies to cover this purchase in the -- in the current police department budget, we have to front the money until we are reimbursed back to us and in this particular case Ada County was the agency that actually takes the money, so we will front the money, make the purchase, get reimbursed and, then, we will get those monies back and I just want to make sure that I'm able to get that money transferred back from revenue back into that line item to make sure I don't have to come before you and ask for additional monies at the end of the year. So, finance assures me that everything is taken care of, but I just want you folks to be aware of it when that comes in front of you. Questions? Rountree: Any questions for the chief? Bird: None. Rountree: I think heads are nodding that we have heard you and that's going to happen. Lavey: Okay. Thank you very much. C. Fire Department 1. All Hazards Mitigation Plan Participation Rountree: Thank you. Next update and department report, fire department. Chief. Niemeyer: Mr. President, Members of the Council, I'm actually here before you representing the city's emergency management committee. That's the committee that I'm fortunate enough to chair and I think Chief Lavey will tell you he had something to do with that position acquisition that I obtained. We received a request from Ada County city emergency management, that's Doug Hardman's office. They are currently in the process of updating their all hazard mitigation plan, which is a plan that outlines how we would respond in an earthquake, flood, anything that's a natural disaster Meridian is a part of that plan. As part of the update there has been a change in which they are asking cities and jurisdictions to sign off as planning partners. What this does is achieves compliance with the Disaster Mitigation Act. Essentially, what that means is that it makes us eligible for federal funding for any mitigation efforts and I did ask Doug Hardman if mitigation is widening Eagle Road and he wasn't sure. So, we will have to keep looking at that one. I have sent this request to the Mayor for her to sign, indicating Meridian City Council December 22, 2009 Page 9 of 33 that we will be a planning partner. What that means is that we assign somebody from the city and I'm thinking it's probably going to be an assigned task that I will take on as the chairman of that committee. The time needed to participate in this is minimal, probably looking at about eight hours over the next 12 months, as we update that plan. Rountree: Any questions for the chief? Will we see the plan in draft form? Niemeyer: You will. Prior to it being activated or signed off on by all agencies everybody will have a chance to review it. Rountree: Very good. Thank you, Mark. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Do we need to authorize the Mayor to sign the letter you're referring to? Niemeyer: That one I'm not sure on. Maybe Bill could answer that. Nary: Mr. President, Members of the Council, since this is just a cooperative agreement you don't need to do that. Part of the reason I suggested it to the chief to bring this in front of you is because at some point in the planning process it may have budgetary impact, but at the moment it really is just a cooperative arrangement, so it's not necessary to have -- to authorize the Mayor to sign that. Hoaglun: Mr. President, question for Mark. This is amulti-jurisdictional approach -- Niemeyer: It is. Hoaglun: -- you mentioned. Is there good cooperation among the other entities in the area? Niemeyer: Yeah. I think talking to Doug he's had good buy into it. He's getting a lot of jurisdictions. There is a lot of districts that hadn't participated in the previous efforts that are now going to be participating, school districts being one, and if we do have a flood or something big like that we are going to have to rely on some of those agencies. So, from what I'm hearing there is good buy in so far in getting folks to sign off on that. Rountree: Any other questions, comments? Thank you. Item 7: Items Moved From Consent Agenda Rountree: There were no items moved from the Consent Agenda. Item 8: Action Items Meridian City Council December 22, 2009 Page 10 of 33 A. Public Hearing: RZ 09-004 Cabella Creek by Coleman Homes, LLC Located at East Victory Road, West of South Mesa Way and East of South Bailey Way: Request for Rezone of 5.41 Acres From R-4 (Medium-Low Density Residential) to an R-8 Zoning District for Cabella Creek Rountree: We are on Item 8, public hearing. Public hearing for Cabella Creek. I will open that public hearing and Bill or Pete. Friedman: Mr. President, Bill will start off the presentation tonight on that. Parsons: Thank you, Mr. Friedman. Council President Rountree, Members of the Council, before you this evening is a rezone of Cabella Creek Subdivision. This project came before Council in 2006. At that time it was platted and zoned R-4 and it also required a development agreement with that approval of that site. The applicant is coming before you this evening to rezone a portion of the site, approximately 5.41 acres. It incorporates approximately -- it incorporates 17 building lots and the applicant is rezoning the property to, essentially, construct seven homes that -- in size -- that range in size at 1,270 square feet. Currently the R-4 zoning district limits living space standards to 1,400 square feet. The applicant -- or this project is located on the north side of Victory Road in between Locust Grove and -- excuse me. Approximately a quarter of a mile west of Locust Grove. Again, here is an aerial of the site. You can see a lot of the property around it is either in the county or currently developed in Meridian and currently zoned R-4. The site is a little bit more developed than what you see here in the aerial. Here is the current land use map and the zoning map that we have in place today. On the left-hand side you have the zoning map that shows where Cabella Creek falls in relation to the surrounding properties and, then, on the left-hand side you have the comprehensive map and, again, you can see this is designated R-4 or low density residential, and this property is consistent with that zoning district. The applicant is not proposing to change any of the lot sizes or density of the project, merely to, one, get out of the requirement of constructing the 1,400 square foot home. Summary of the hearing for you. Planning and Zoning Commission recommended denial at their hearing on December 3rd. Their reason for denial was the fact that it may set a precedent for other properties that may want to come in or developers may want to rezone their properties to construct smaller homes to get out of those R-4 standards. So, we thought this wasn't the appropriate avenue to follow to construct more homes. Staff did work -- talk with the applicant during the pre-application meeting, informed them that the variance probably couldn't meet those findings to support a variance as well and we thought maybe a possibility, given the direction of possibly rezoning the entire subdivision to an R-8, they were unable to get consent from adjoining property owners or homeowners that are currently in the subdivision, so that wasn't feasible, and so their option was to, again, rezone a portion internal to the site, that way they still keep those lots transitioned along the surrounding subdivisions, but that way they would only impact a small portion of the subdivision. Speaking in favor during that hearing was Becky McKay and Thomas Coleman, who is the applicant's representative, and the applicant, as part of the rezone application. Matt Dinfer was at the hearing, did not Meridian City Council December 22, 2009 Page 11 of 33 testify, signed up as -- in opposition of the rezone. Rose Crandall and Aneke Binford testified at the hearing in opposition of the rezone. Mike Bell also submitted written testimony in opposition of the rezone. Rose Crandall also submitted written testimony and also provided at the hearing a petition from 11 homeowners that were also in opposition of the rezone. Key changes from staff from the Commission none. So, really, the outstanding issues for Council tonight is -- is this the appropriate avenue for rezoning the property to construct smaller homes. The other issue is the applicant has provided written comments regarding some possible DA provisions, if you so choose to recommend approval. Staff finds it difficult -the other issue is that the Council really wants staff to track required CZCs for single family homes just to track seven 1,270 square foot homes in the subdivision. The applicant does have a brief presentation for you tonight that she wants to kind of get you an overview of the project. Again, the only comments we did receive was from the applicant, since that hearing date, the Planning and Zoning Commission hearing date. And with that I would stand for any questions Council may have. Rountree: Questions for Bill? Bird: I have none. Rountree: None. Thank you. Is the applicant here? Yes, she is. If you would give us your name and address, please. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. Business address. Good evening, Members of the Council. I'm here this evening representing Coleman Homes. Thomas wanted to be here, but since the hearing was so close to the holidays he is out of state at the family gig. So, I will try to do the best I can kind of going through his Powerpoint presentation. What I brought before you this evening is some examples of the homes. They have already constructed some of the homes within the Cabella Creek project and that's -- that's one of the homes that -- that's before you right there. Secondly, this project was approved -- kind of give you a little history -- in 2006. The original developer constructed about 90 percent of the development and, then, ran into financial difficulties. Coleman Homes got with the owner and U.S. Bank and they, basically, bought this at the brink of foreclosure and Mr. Coleman went through and replaced letters of credit at the highway district and the City of Meridian, which were on the verge of expiring or being called and agreed to take on this task. We did a complete analysis starting about in June of this project of all the outstanding items that needed to be addressed. One, the landscaping was in extremely poor condition. The pump station had never been installed, nor the check structure within Ten Mile Creek, to supply adequate water. They did hook onto Meridian water as an alternative, but due to lack of maintenance and other problems with the system the landscaping went into disrepair. Mr. Coleman went in, repaired that landscaping, planted an additional 60 trees, went through -- the top picture you see here is what it looked like. The bottom picture is what you see after they went through and worked it over. They also, like I said, added trees, went through and added signs and flags and tried to dress the project up. The Council approved this initially with three ponds and they were to be Meridian City Council December 22, 2009 Page 12 of 33 utilized for storm drainage and for -- as an amenity. Those ponds were absolutely disgraceful. They were green. Ada County Highway District came out. We met with them. They did not meet ACHD standards. My firm redesigned the ponds and Mr. Coleman has been working on getting those repaired. Installing aerators, and getting this project back on track. The Colemans -- they are a developer, but they are also the builder within their developments. They are currently building in Middleton in the West Highlands project and they have also bought three phases of Bridgetower and they are currently building out there and, then, they have purchased this Cabella Creek. They pride themselves on the quality of their homes and providing a diverse style of home in various sizes. One of the things that -- that we talked about with the staff was the fact that just because a home is 1,600 or 2,000 square feet, does not necessarily make that home a quality home. Obviously, the example here, you can see these homes are on larger lots, they are over 1,400 square feet, but esthetically they are lacking in features and amenities. These homes that you see there are, obviously, on considerably smaller lots. They are dressed up. They have some nice architectural features. They use differing architectural textures, rock and brick and so forth, and wood siding. This is one of the homes that is constructed out in Cabella Creek. The home that you're looking at right there, to kind of give you a reference point, is 1,500 square feet. The picture below it reflects the interior and the quality that the Coleman company is putting into their homes and they want to make sure that they -- they create, obviously, the best design they can at a good value and they do not provide any vinyl siding, 30 shingles -- 30 year architectural shingles. They have a wide variety of amenities that they add. All the walls are hand textured. They use the two by six. This home is another one that they have constructed out there. This one is 1,700 square feet. And below you can see the interior with hardwood floors, nice wood cabinets, quality appliances. This -- this home shows you the rear elevation. That home in particular is about 1,800 square feet. They offer a list to their clients of different Energy Star features if they so choose and they find that right now what they are seeing in the marketplace is a need for some of these smaller homes. They are seeing that out at Cabella Creek. They are seeing that over in West Highlands. This is the home that they would like to build in Cabella Creek. It's 1,270 square feet. This is one of the models that they have just completed out at West Highlands in Middleton. And I guess when we look at these projects we are always front planning for perspective, trying to provide some diversity. It's important that we have homes for different types of families. They are finding empty nesters, seniors that are starting to down size and that's becoming a big part of this market. I did meet with the neighbors on this project. One of the -- one of the primary concems was the number of homes that we propose to build. We initially wanted ten homes out of the 47 that could be below the 1,400 square feet. They asked me could you re-reconsider and maybe possibly come down on that number. We did reduce that number to seven. One of the other concems they had was the adjoining subdivisions that wrap around us. Salmon Rapids. They said, you know, on the perimeter we'd like to see larger homes, more consistent with the sizes that we have. Could you potentially cluster those homes within the interior of the development and so that was kind of the strategy we had here for this -- this block. Oops. What we call -- song. What we call Block 2 there. So, what's before you tonight are 17 buildable lots. They are in the middle of the development. They are isolated in a block. What we are asking for is that only seven of Meridian City Council December 22, 2009 Page 13 of 33 those homes -- or those lots, I'm sorry, be allowed to have a home below 1,400 square feet. Now, the staff raised some questions about, well, how do we track that. What we suggested is that any home within that block be required to have a certificate of zoning compliance prior to submittal of the building permit -- or building permit application. Along with that certificate of zoning compliance would be an elevation of the home to~ make sure they are consistent with these homes that we have submitted as part of our application and along with that would be a Block 2 map showing the lots that have been built on or permits that have been issued and what the square footage of those homes are. We think that -- that's the easy way to track it. This particular project there were no elevations tied to this project at all and so by tying these elevations with an amended DA, we feel that that will, obviously, protect the integrity and the quality of these homes. Another thing is since the Colemans are the only builders out there, they don't have the issue with having to deal with some builder that wants one of the lots, but doesn't want to comply with the elevations, which we do face that on the developments where we have multiple builders. Initially when we met with the staff we talked about a variance, like Bill said. Pete and Bill indicated that they didn't feel a variance was really the right way to go, since it is not a site characteristic or -- or any type of impediment on the site that is creating our situation. We kicked around this idea of the rezone. We thought that that would be viable. We went away from the meeting believing that that was an option and, then, after further staff discussion they indicated that, no, they didn't feel they could support it. The staff has kicked around the idea of doing an ordinance amendment, because the R-8 zone doesn't have a minimum square footage for living area, just the R-4. I know there have been discussions about it. I guess we were just reluctant, we had already submitted our rezone application, and we were reluctant to submit an ordinance amendment and have it be, you know, site specific. I guess if the staff is thinking along those directions, it would probably make sense if that application was initiated by the staff. We feel when you look out there at that -- at the zoning, you have got Cavenaugh Subdivision, which is a complete sea of R-8. We are directly across the street. You have Tuscany Village, which is directly across the street, a sea of R-8. And as you can see with the low density residential we still have -- all these yellows are pockets of R-8 that you see throughout this section here. We are not changing the lots. We are not changing the density. We are not asking for anything, just to allow approximately seven lots to be below 1,400 square feet and we have set that at the 1,271. We are doing the best that we can with these distressed projects at this time. They are always a struggle. It seems like all we deal with is problems now days and we are trying to solve them best we can. This is a project that I think is looking very well. I have been out there myself. I have looked at the homes. It's going to have a diversity. The lots range all the-way -- or the homes range all the way up to like 2,200 square feet. They have got multiple elevations for different styles of homes and I have been very pleased with what I have seen and we think that this is a quality development and we would like Council to I guess entertain the idea of this rezone, since we can't figure out any other alternative application in order to accomplish this. Do you have any questions? Bird: Mr. President? Meridian City Council December 22, 2009 Page 14 of 33 Rountree: Mr. Bird. Bird: Becky, you're asking to rezone 17 lots, but yet we are only going to build seven 1,270 square foot buildings? McKay: Yes, sir. Bird: What are we going to do with the other ten lots if we zone an R-8? McKay: The other ten lots would be -- have to be above 1,400 square feet. Bird: Yeah. But if we go to R-8, then, the setbacks all change. McKay: The setbacks -- as far as the R-4 setbacks, they work fine for us. The setbacks work great. The lot size works great. We are agreeing to comply with everything. The only thing is that living square footage of 1,400, we are asking to deviate to 1,271. Bird: Mr. -- follow up? Rountree: Mr. Bird. Bird: A 129 square foot, what does that add to the cost of the average house, Becky, approximately? Twelve thousand? McKay: The 1,271 square foot has a base price of 144 nine. That's a payment of about 915 a month. When you jump up to the 1,500 square foot, that base price is 155 or 979 a month. Bird: What's 1,400? McKay: I don't -- he doesn't have a 1,400 model, he only has a 1,500 -- 1,500 and, then, the 1,271. As we submitted e in the elevations we submitted it's 1,271, 1,500, 1,824, and, then, it goes up to I think 2,200. So, you know, it's roughly -- we are talking, what, 10,000 dollar difference? Bird: Yeah. And also, Becky, what's to -- what's to keep Coleman Homes from selling off those other ten R-8 lots and getting R-8 buildings put in there with the setbacks and stuff? McKay: Councilman Bird, I submitted a letter of DA provisions and in those provisions we specified in detail the limitation of the seven homes, the limitation that nothing would be below that 1,270. That the certificate of zoning compliance would be required and the elevations would be tied to this project that we have submitted and that there would be no duplexes or anything like that. So, it's very specific. And we feel that the development agreement tied to the rezone could protect the community and protect the city and still accomplish this. Meridian City Council December 22, 2009 Page 15 of 33 Bird: Thank you. Rountree: Further questions? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: Becky, I was just curious, you selected the intemal part of this -- this lot. A lot of times, you know, small homes or especially apartments they put them out towards the road. What was the thinking for that and also the second part of the question is are these lots -- are they next to each other or are they interspersed within that -- within that zone? I wasn't quite clear on that. McKay: The -- I don't know. Bill, do you have a copy of the plat? All the lots in Block 2 are all contiguous to each other. They are on a cul-de-sac. Right here, as you can see, there is a -- there is a cul-de-sac comes in here and this -- oh, sorry, Bill. This is the block right here and -- and we picked that so that we had larger homes on the periphery adjoining Salmon Rapids and adjoining these other parcels to the west and to the east. As far as the ones next to the road, there is a larger home -- existing home located here and another one here and so -- and I believe there is an existing home over -- located here. So, we thought we would put them in that block and kind of isolate them here on the cul-de-sac. Hoaglun: Okay. That makes sense. Oftentimes you see -- if it's different than the rest of the neighborhood they are out against the road, as opposed to being intemal. So, that's -- it's a little bit of different -- different thought process in that. So, that makes sense what you're saying. Thank you. Rountree: Further questions? Bird: I have none. Rountree: Becky, how many homes are currently in the subdivision? McKay: They have constructed -- Colemans have constructed three homes and I believe there are -- there were -- is there six total? Including Colemans? Seven including the model. Bird: Plus the three existing? McKay: There were, I believe, a couple of existing homes and, then, the original developer sold some lots to builders who built some homes out there. Meridian City Council December 22, 2009 Page 16 of 33 Rountree: So, the CC&Rs that are in effect are in the hands of the current developer owner, Coleman? McKay: Yes, sir. Mr. Coleman has gone through those and revised them. Rountree: Okay. Any other questions? Bird: I have none. Rountree: Thank you, Becky. This is a public hearing. I have two folks that have signed up to say they are against this proposal. Rose Crandall. Do you wish to provide some testimony? If you would give us your name and address for the record. Crandall: My name is Rose Crandall and my address is 1319 East Observation Street and my home is located on the very entrance of the subdivision and what I would like to ask the city is I understand, you know -- Zaremba: Excuse me. Can you pull the microphone a little closer to your -- more towards you? Crandall: Oh. I understand Ms. Becky's presentation and while we appreciate what Mr. Thomas Coleman has done to save the subdivision, we -- the existing homeowners also have conceded to the lower size homes that he built and we know that he is building quality homes. But it is still a known fact that the -- you know, the smaller size homes affect the value of the existing homes and when -- and when we purchased our home there were CC&Rs, which I found out later was never really recorded. .I have a copy of it. Our CC&Rs that we signed for when we closed our home was a minimum of 2,400 square feet and I understand that, you know, ATM Development had fallen into the problems that we are having right now and Mr. Coleman came to the rescue and with his rescue, his line of -- his choices of homes are already diverse from 1,500 all the way to 2,055 square feet and I just feel that -- that is, you know, going down to 1,271 square feet is just going to devaluate our home value and, unfortunately, the CC&Rs that we signed -- that I signed for when -- when I purchased the home, was really not recorded with the city, because when I followed up with the city there was only one CC&Rs that was there, which is the one that was recorded in June or July, which is the current one right now, which has a minimum square footage on the CC&Rs as 1,271, which I wandered myself, because it hasn't passed yet. Why is the minimum square footage on the CC&R already, you know, written as 1,271 square feet. So, that's it. Thank you very much. Rountree: Any questions? Bird: I have none. Rountree: Just a comment about the CC&Rs. CC&Rs are between the owner and the developer. They are not a requirement of the city. Meridian City Council December 22, 2009 Page 17 of 33 Crandall: That's what I found out also. Rountree: Mike Vale. Vale: My name is Mike Vale. I live at 3022 South Bailey Way. I'm also a homeowner in this development. Beautiful presentation they have done. The photography is absolutely beautiful. There is a lot of work that still needs to be done in that development and I hope they do -- I can't understand why with the available property in that area that is zoned the way they would like to have this zoned, they didn't purchase something there, rather than purchase in this area and want to rezone it, but that's something that they have done. I'm just here to voice my opinion that I'm against it for a lot of the same reasons Bill had given, Rose had given, and that the Planning and Zoning had heard. So, that's what I have to say. Rountree: Thank you. Hoaglun: Mr. President, just a quick question. You said how many homes are -- were there before Coleman took over? Were there six? Vale: I mistakenly -- there was one more I did miss. There is a third. There is a big one that I think the original developer owned and I forgot to count that one. So, there was the Crandall's home and my home were the only two homes with that developer's home in the area also. They have since built -- the developer that built my home built a house further -- a little bit further into the subdivision, so they added that one. And, then, Colemans have built three homes that they have got I believe probably a spec home and, then, they have got one home as a model. So, there is a total of -- that would be eight. So, there were -- when we purchased, the Crandall's home was there and my home was there, and, then, the developer has another big home that's kind of set out of sight a little bit. So, those are the homes that were there. Hoaglun: And Mr. President -- Mike, if you wouldn't mind, do you know what the smallest size -- by chance what the smallest square footage home that exists right now? Vale: I'm not sure what -- what your home is. Rountree: You need to repeat -- Vale: Okay. Because my home's about 2,375 and there is another one that's 2,250. Those are the three that were developed. I don't know what the very large one is that the developer owned and, then, I'm not sure what -- I think they are about 1,500 or 1,600 square feet that the Colemans have built in there right now. Hoaglun: And, Mr. President -- Mike, so the original purchase of the -- I think Rose was mentioning something about 2,400 square feet was -- it was above 2,000 was the plan for that -- Meridian City Council December 22, 2009 Page 18 of 33 Vale: Yeah. Hoaglun: -- particular development. Vale: Yeah. I believe it was --that the CC&Rs said 2,200. Hoaglun: Okay. Thank you. Vale: You're welcome. Thank you. Rountree: This is a public hearing. Anyone else wish to provide testimony? Seeing none, the applicant has an opportunity for final say. McKay: Members of the Council, like Isaid, Idid -- I did talk with the neighbors on multiple occasions. I talked to Mrs. Crandall and -- and I do understand when they purchased their homes that they thought that -- that they were all going to be exactly within that range that their homes are on, that 2,300 square foot range. Obviously, you know, circumstances have changed. Mr. Vale indicated that there is still improvements that need to be done out there, that is correct. One of the things that has hampered our progress is their 404 permit with the Army Corps of Engineers had expired for the bridge expansion. All of their license agreements and contracts with Nampa-Meridian Irrigation District had expired, so we had to renew all those. There were no flood plain permits granted by the City of Meridian for the check structure, so we have been getting all of our necessary permits in order to finish up the last items. We feel that this is a good project. Diversity does not mean cheap as long as the quality of those homes is there and you're creating a community. I mean we pride ourselves in trying to put some -- some diversity and a mixture in these neighborhoods, so that they are a healthy, vibrant neighborhood, and, like I said, providing homes for empty nesters, seniors, first-time home buyers, that's kind of what we are seeing and -- and we are just trying to adapt in a changing market and I think we have tried set forth detailed conditions in the DA that would protect the city, protect the neighbors. I think this is reasonable. We are limited just to seven homes. That's it. And we have got an easy way to track it. I talked to Scott Steckline with Public Works, he indicated that they -- they track them there. He said Ididn't -- I don't see what the issue is as far as any difficulty in tracking. I think this is doable and I guess I'd like the Council to entertain it. Thank you. Rountree: Thank you, Becky. Any further questions? Hoaglun: I have a request for planning, if I might, Mr. President. How -- Bill or Pete, how do we get adevelopment -- I'm thinking of Bridgetower, they have got a variety of houses from -- from good size to big size, but there is some areas where they have patio homes and they are much smaller. Was that -- was that done when the whole thing was platted? Is that how that came about usually in that area and other areas? Meridian City Council December 22, 2009 Page 19 of 33 Friedman: Mr. President, Members of the Council, Councilman Hoaglun, that's correct. When projects of that sort go through most of those conditions and those areas are spelled out within the development -- initial development in and of itself and that comes in with the original zoning and the original development review and, of course, all the associated development agreements that go with it. Hoaglun: Okay. And one last question if I might, Mr. President, for staff, is what is the smallest square footage for an R-4 area? Friedman: Smallest square footage? Hoaglun: Smallest. Friedman: The minimum floor area -- living area as the code defines it, is 1,400 square feet in R-4 and 1,500 square feet in R-2. Those are the only two residential districts that have limitations on there for the minimum floor areas. Hoaglun: Okay. Thank you. Rountree: Further questions? Zaremba: Mr. President? Isn't a development agreement usually associated with an annexation? Can we do that with a rezone? Friedman: Yes, Council Members and -- Council President Rountree, Council Members, we can -- we do have the ability to attach a development agreement to a rezone. Annexations and rezones, really, are the only two vehicles that we have for the development agreement. Zaremba: Thank you. Rountree: Any discussion? If there is none, I need a motion. Zaremba: I would comment before we do a motion, if I may. I have heard the discussion before about having a variation of sizes within a single subdivision and it actually appeals to me. The reasoning is that as people's needs change, either as their family gets bigger or later gets smaller again, people want to live within the same area and be able to move from size to size within the same area and the same quality and I like that explanation. So, on the face of it I could be in favor of this happening. I understand the difficulty with rezoning the entire subdivision, could even, I suppose, impact the loans that people have on the existing properties, if the underlying zoning changes. So, I would have to say at the moment I still have some discomfort with rezoning and I don't really have discomfort with the objective of what's going on here. I guess I'm not comfortable with the method. Rountree: Any comments? Meridian City Council December 22, 2009 Page 20 of 33 Hoaglun: Mr. President. Just a comment. You know, if they were coming -- the applicant was coming in and this was a new parcel and we were looking at this and it was the surrounding area was R-4 and they wanted R-8, Councilman Zaremba's right, there are changes going on out there, asmaller -- smaller homes are becoming more popular, either economic -- because of finances or energy costs or just people getting older. There is more of us. But where I struggle is you have got people who have purchased, built within that subdivision already. They have got the larger homes. There was an expectation of larger homes and already that R-4 -- there will be homes there at 1,400 square feet, which at the time they thought were going to be different, it was going to be larger, and, then, that's quite a change right there, going from 24 to say 14 hundred square feet that they are going to have to live with and it does impact value to some degree and that's something I struggle with you, yet at the same time Mrs. McKay points out -- and it's a valid point, you could have a 2,400 square foot home that's a box take a much smaller home and make it very interesting and retain good value there. So, it's not always bigger is better, it's -- it is the quality. But, then, you have a rezone that goes forward and if this does go to someone else, what happens then? So, I'm less inclined to grant the rezone right now. I have an open mind to it, but right now I just -- the impact to the neighbors that are already there and the expectations they had when they purchased, that has already changed and another -- what was it, 129 square feet is -- I don't know if that's enough to justify it. Rountree: No more comment? I need a motion on the hearing. Hoaglun: I move to close the public hearing, Mr. President. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing. All in favor? Motion passes. MOTION CARRIED: ALL AYES. Rountree: Motion? Hoaglun: I'll give it a shot here. Mr. President, I would move to deny the request for a rezone on 09-004, Cabella Creek. Zaremba: Second. Rountree: It's been moved and seconded to deny the request for the rezone for Item 8-A, the rezone request. Roll call vote. Excuse me. Is there any discussion on the motion? Bird: I have none. Meridian Ciry Council December 22, 2009 Page 21 of 33 Rountree: Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. B. Public Hearing: ZOA 09-003 Unified Development Code Text Amendment of City of Meridian Planning Department to Amend the Text of Certain Sections of Unified Development Code as follows: Chapter 1 Article A: Definitions; Chapter 2 Article A: Residential Districts; Chapter 2 Article B: Commercial Districts; Chapter 2 Article C: Industrial Districts; Chapter 2 Article D: Traditional Neighborhood Districts; Chapter 3 Article A: Standard Regulations in all Districts; Chapter 3 Article B: Landscaping Requirements; Chapter 3 Article G: Common Open Space and Site Amenity Requirements; Chapter 3 Article H: Development along Federal and State Highways; Chapter 4: Specific Use Standards; Chapter 5 Article A: General Provisions (Administration); Chapter 5 Article B: Specific Provision (Administration); Chapter 6 Article B: Subdivision Process; and Chapter 6 Article C: Subdivision Design and Improvement Standards Rountree: Next item, public hearing on Unified Development Code Text Amendments for the City of Meridian, Item 8-B. This is a public hearing. I will open the public hearing. Pete, you want to make a presentation? Friedman: Thank you, President Rountree, Members of the Council. As the President has indicated, these are zoning text amendments that are coming to you with a recommendation for approval from the Planning and Zoning Commission. They are initiated by staff. The primary intention was to address either problems that we have in code administration or modify sections of the code or clean up sections of the code. Staff believes that implementation of these will make the UDC more understandable, as well as enforceable. The staff report contained a long long list of what those are. I believe in the interest of brevity you don't want me to go through those individually. I would be happy to if you do. But if you don't I would like to hit a couple highlights for you, just to tell you some of the things that are included in there. One would be we are removing spires on churches from the height limits. We had quite a discussion and education on the difference between a steeple and a spire and as we are beginning to see more churches come into the city, we are finding that their combined steeples and spires exceed our height limits. So, we have a code amendment that we think fixes that problem. Secondly, we have created a common definition for pathways. As you know, we have micro pathways and multi-use pathways and there was some problems with uniformly addressing landscaping and construction standards for both of those. So, basically, what we have done is while we still have those in the code definitions, we refer to them as pathways, so we can start looking at them uniformly with respect to Meridian City Council December 22, 2009 Page 22 of 33 landscaping and that sort of thing. We have also cross-referenced pathway construction standards in the UDC to the master pathway plan, so there now is that nexus between those two documents when we do have pathways that are being developed within -- and throughout our community. One of the issues, as President Rountree knows, after we implemented the design review manual, we also changed the standard for the number of -- amount of parking that can be located between the street and the building facade. It used to be 70 percent, we lowered it to 50 percent. It was becoming problematic, particularly on smaller lots and comer lots. So, what's been proposed is that on lots under two acres there will be an allowance for a single drive aisle with the parking on one or both sides to be allowed between the building and the fronting street and another major one was buffer width reduction for landscape buffers. The only way to reduce that dimensional standard was through a variance and we didn't feel that that was the .appropriate vehicle, a variance, to address it, because oftentimes while they might be unique circumstances, they weren't necessarily hardships or physical circumstances which prevented it. So, in effect, you still see them, but what we have done is made requests for buffer width reductions, a waiver by the Council, rather than a variance. That way you're not constrained to the specific variance findings. Another one was -- this is a big one. Allowing outdoor exercise areas for veterinary clinics. Currently the code just prohibits -- just says no outdoor activities whatsoever and that's what the intent was, to preclude the boarding and kenneling and that sort of thing in exercising, but the reality is when they have patients there they do need to take them outside, so there is a provision there that allows for the exercising of pet -- of veterinary -- animal care facilities. I'm sorry. Under the supervision of the staff. And another one was we changed the drive-thu requirements, so that a Conditional Use Permit is not required if the facility was -- the drive-thru is across the street from another one. Right now we required a Conditional Use Permit if it's within 300 feet, but if it's separated by an arterial there is no good point in requiring the Conditional Use Permit. And, finally, we have made some minor changes and at least we are starting with some exemptions from design review. We have thrown in a couple of those that weren't previously in the code. So, those are kind of the highlights of the recommendations and I'd be happy to answer any other questions you might have. Rountree: Okay. Any questions for Pete on the long list of amendments that we have before us? I don't see any. Thank you, Pete. This is a public hearing. Pat, do you want to testify? Okay. Seeing -- Bird: Frank's even left. Rountree: Yeah. Frank left. discussion? Bird: I move we close Item 8-B. Seeing no one to testify on this item, if there is any Zaremba: Second. Meridian City Council December 22, 2009 Page 23 of 33 Rountree: It's been moved and seconded to close Item 8-B. All those in favor. Opposed same sign? Motion passes. MOTION CARRIED: ALL AYES. Rountree: What's your pleasure on the text amendments? Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move approval of ZOA 09-003. Zaremba: Second. Rountree: It's been moved and seconded to approve the -- Item 8-B, Unified Development Code Text Amendments. Roll call vote, if there is no discussion. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. C. MFP 09-002: Challis Subdivision by Tealey's Land Surveying Located at 575 E. Franklin Road: Request to Modify a Plat Condition Requiring Cross-Access and Cross-Parking for Challis Subdivision Rountree: Next item, 8-C, is the Challis Subdivision, Item 8-C, MFP 09-002. It is a public hearing. Pete. Friedman: Mr. President, Members of the Council, this is a modification to the final plat -- or of the short plat of Challis Subdivision, which was approved by the City Council in June of this year. It created three commercial lots at the comer of Stafford and Franklin. With the approval of that short plat there was a condition that there be a blanket cross- access and cross-parking easement noted on the face of the plat. Now that the first building's been constructed and they have a better idea of how the site is going to develop, plus having done some grading they are starting to find there is some topographic differences and the -- Mr. Tealey, the applicant, was in speaking with us and said that rather than have that note on the face of the plat, they would like to replace it with a specific easement provision that grants cross-access to all three lots, but eliminates the need for cross-parking, because of the way that the whole area is going to be configured, it made since to us. He said, fine, I will just go ahead and file those easements and record those and we said, well, that's all well and good, but you can't do that, because the Council, actually, is the only body that can change those conditions. And so he did file for a plat modification to remove that note from the face of the plat and, then, just -- what he will do is he will prepare a specific easement as Meridian City Council December 22, 2009 Page 24 of 33 indicated by this exhibit, note that on the face of the final plat with an easement -- a recorded number and staff is supportive of that request. Rountree: Any questions for Pete? Comments? Testimony? Tealey: Mr. President, Members of the Council -- really, no -- Rountree: If you could give us your name, please. Tealey: Oh. Excuse me. Pat Tealey. And office address 187 East 50th in Garden City. We originally submitted a site plan similar to this with our plat, but it wasn't made a point of a discussion when it came to the Council. If this works -- does this pointer work on here? Oops. Let's see. Which way do I have to go. There is about 12 feet of difference between the eastern portion of the subdivision along Stafford and the western portion there. So, the reason we did the site plan such it is, we knew we had grade differences run in there and that that type of cross-access easement that's typically required in a commercial subdivision wasn't going to work for us. The condition that came out of -- the reason that we didn't realize that the blanket easement would be a problem is that on site specific note number nine it just says across-access, cross- parking easement agreement shall be recorded for all commercial lots within the subdivision. It didn't mention the word blanket. So, we had a lawyer prepare the cross- access and cross-parking agreement and thought we were going along pretty good until we ran into needing a signature and so that the easement is prepared and we are ready to go forth with it and agree with staffs -- what they think is the situation, basically. The reason that the easement is where it is is they don't want people going through the drive-in there on the bank, just having total access to it. They want to restrict the access to this path that you see in front of you. That will be part of the cross-access easement and they will delineate across-parking, if any, but it's going to be sort of hard to cross-park on this thing, because of the grade differences and stuff that will be spelled out in the agreement. Rountree: Any questions? Bird: I have none. Rountree: No questions? Thank you. Any further comment, staff? Friedman: No comment. Rountree: Discussion? Need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on MFP 09-002. Meridian City Council December 22, 2009 Page 25 of 33 Hoaglun: Second. Rountree: It's been moved and seconded to the close public hearing on Item 8-C. All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the changing of taking the note from the face of the plat regarding cross-access and to record an easement agreement in lieu of the blanket easement. Hoaglun: Second. Rountree: It's been moved and seconded to approve the request of Item 8-C per the motion. Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 9: Ordinances. A. Ordinance No. :Alcohol Server Training and Certification B. Ordinance No. : RZ 09-003: Request for Rezone of 5.02 Acres from R-8 (Medium Density Residential) to L-O (Limited Office) Zone for Bainbridge by Brighton Corporation Located South of Chinden Boulevard on the West Side of North Ten Mile Road Rountree: Next item is Ordinances. We have two ordinances. If you would read those by title only, Madam Clerk. Holman: Thank you, President Rountree. City of Meridian Ordinance No. 09-1437, an ordinance of the City of Meridian creating a new chapter of Meridian City Code, Chapter 7, Title 3, of the Meridian City Code relating to alcohol server certification, definitions, approved server training program, server and licensee requirements and enforcement. Holman: City of Meridian Ordinance No. 09-1438, an ordinance RZ 09-003, Bainbridge, for the rezone of a parcel of land located in the southeast one quarter of the northeast Meridian Ciry Council December 22, 2009 Page 26 of 33 one quarter of Section 27, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-8, Medium Density Residential District, to L-O, Limited Office District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading of the rules and providing an effective date. Rountree: You have heard the ordinances 9-A and B read by title only. Anyone wish to hear them in their entirety? Seeing none, I need a motion. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve ordinances 09-1437 and 09-1438 with suspension of rules. Zaremba: Second. Rountree: It's been moved and seconded to approve ordinances in Item 9-A and B. Roll call vote, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. Item 10: Other Items. A. Executive Session per Idaho State Code 67-2345(1)(fi) - to Consider and Advise its Legal Representatives in Pending Litigation Rountree: Last item. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Hoaglun: Second. Meridian City Council December 22, 2009 Page 27 of 33 Rountree: It's been moved and seconded to go into Executive Session for Item (1)(f). Roll call vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:12 p.m. to 8:35 p.m.) Amend onto the Agenda: • Roof on City Hall Approved motion to send a Notice of Rejection to Western Roofing. • Claim by Brown Construction Approved Motion to settle claim for $60,000.00 with mediation fees. • City Business for Next Two Weeks Approved motion to allow the Mayor and Council President to sign routine contracts and for those contracts to be ratified at the first meeting in January • Change to City Council Meeting Schedule Approved motion to change City Council meeting schedule to meet the first, second and fourth Tuesdays of each month with the second meeting being a workshop meeting and direct legal department to come back with amended Ordinance Rountree: We are out of Executive Session. Nary: Mr. President? Rountree: Yes. Nary: Mr. President, I was going to recommend to the Council that you amend your agenda tonight to include potentially two items, maybe three. The first item would be to -- the first item is to address the issue of the roof on City Hall and Westem Roofing's contract. The second is in relation to a claim against the city for payment of a contract with Brown Construction and the last is for the processing of business over the next three weeks until your next meeting of January 12th. Your reason for amending them at this time is up until the completion of our last Executive Session you were unaware of the necessity to add that to your agenda. Rountree: Thank you, Mr. Nary. Meridian City Council December 22, 2009 Page 28 of 33 Zaremba: Mr. President, I move the agenda be amended as stated. Hoaglun: Second. Rountree: It's been moved and seconded to amend the agenda as stated by Mr. Nary. Just a voice vote? Nary: Yes. Voice vote is okay. Rountree: All those in favor? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: For -- regarding the issue on the roof on City Hall, I would move that we direct staff to send notice to Western Roofing that the City Hall roof has failed to maintain a water tight condition and move forward from there with that issue -- situation. Rountree: And that's issuing a notice of rejection? Bird: Yes. Hoaglun: Yes. Bird: Second. Rountree: It's been moved and seconded to issue a notice of rejection on the leaky City Hall roof. Voice vote? Nary: Yes. Rountree: All in favor? Motion passes. MOTION CARRIED: ALL AYES. Hoaglun: Mr. President? Rountree: Brad. Hoaglun: I would move that we approve the settlement of the claim by Brown Construction in the amount of 60,000 dollars, also with the approval of payment of mediation fees. Meridian City Council December 22, 2009 Page 29 of 33 Bird: Second. Rountree: It's been moved and seconded to resolve the Brown Construction issue and with payment 60,000 dollars, plus the mediation fees. Voice vote. Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Hoaglun: And, Mr. President, one more. Since we are not meeting on the 29th of December, which is a fifth Tuesday and we'd lack a quorum on January 5th, Iwould -- Nary: Mr. President, Members of the Council -- Rountree: Bill. Nary: What I would recommend is your motion be that simply the Mayor and Council President approve any necessary signatures for just the routine business that needs to be done until January 12th and anything that they find be then put on your agenda for January 12th for your review for any contracts or agreements that are necessary that can't wait until the 12th. Hoaglun: Mr. President, I would move that the Mayor or Council President have the authority to sign and complete -- contract the city business on routine items and that the City Council ratify those actions at their earliest meeting. Zaremba: Second. Rountree: It's been moved and seconded. Discussion? All in favor? Motion passes. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: Before we adjourn, I --Iwould like to make a motion that we -- seeing how we don't have a third the business that we had in 1998 when I come on board, I don't know when is the last time we done a land development. I move that we go back to meeting -- until further business, we go back to meeting the first and third as land meetings. The second is a workshop. And the fourth and fifth no meeting. Rountree: And that notes the first and third Tuesday. The second Tuesday would be a workshop and no further meetings for the month and -- would the motion -- well, I guess let's get a second on that. Is there a second? Meridian City Council December 22, 2009 Page 30 of 33 Zaremba: I'll second. Rountree: Okay. It's been moved and seconded. Would the motion maker consider that the workshops go back to the intent of the workshops that they start at 6:00 o'clock, we try to hold them to two hours. We concentrate on -- on our departments and not necessarily city business, and that we -- Bird: The maker of the motion would really enjoy that. And I also think that we discuss ordinances and stuff like we used to. We don't need to be having departments justify jobs. We all know that they got enough to do anyway. Hoaglun: Mr. President, inquiry of the maker of the motion. In February I believe we won't have a quorum on the 3rd Tuesday in March -- in February. If that occurs would we, then, still have three meetings that month, we would just move business to the fourth Tuesday? Bird: I guess we will have to. Hoaglun: Is that -- Bird: That we can take care of when we get to it. Rountree: And I guess final question for the maker of the motion, it's your intent, then, that the staff would prepare a resolution as such, so we can amend our meeting ordinance as such to accommodate the motion? Bird: I would -- just a resolution, because I don't want to change the ordinance, because, hopefully, one of these days we will get busy again. Nary: Mr. President, Mr. Bird, you will have to take the ordinance. The ordinance is specific. So, if you want to change the dates of your meetings -- Bird: Okay. I'll change the ordinance. Nary: You can cancel them. Bird: And I don't know why we would ever have to not do it, but -- Nary: The only suggestion I would make, Mr. Bird, so we don't run into the same problem of the fourth and fifth Tuesday, like we are for the next two weeks, you may want to consider whether or not you want it to be the first, second and fourth Tuesdays of the month to meet and, then, where you shouldn't, unless you lack a quorum, have it anytime where you're not going to have -- you're going to have no more than one meeting you will miss or one Tuesday you will miss. But you will have about four or five times a year that you would have the fourth and fifth Tuesdays off. Meridian City Council December 22, 2009 Page 31 of 33 Bird: You will have four times when you have five Tuesdays. You're right. I have no problem with going with the first, third, and -- or first, second, and fourth. Second agrees? Zaremba: Mr. President, that was, actually, going to be a comment of mine, so that we don't run into regularly have two weeks in a row where we don't have anything. Rountree: All right. Zaremba: If I may, though, I would ask the clerk -- we really have that little business? Do you know thinking out far ahead is that going to be a struggle? Holman: President Rountree, Members of the Council, Councilman Zaremba, I don't think so, as long as you will still allow us to have a Consent Agenda on the workshop. I think it helps to move -- if we are going to be canceling a meeting, I think it's important to still be able to move things on the Consent Agenda for a workshop. Zaremba: Makes sense. Rountree: Do you want me to try and restate that motion? Bird: I don't know if I can. I'd move that we -- if the second pulls, I pull my first. I move that we change until work demands our meetings to the first, second, and fourth Tuesday of the month. The first and the fourth Tuesday will be regular land planning meetings. The second will be a workshop starting at 6:00 o'clock and being just a workshop where we go through ordinances or any department needs and we can add a Consent Agenda. Holman: President Rountree, Members of the Council, Councilman Bird, so my question on the two that you're saying are land use ones -- Bird: That's your full blown meeting. Holman: Are there any other items that are allowed on those agendas or just -- just the way they have been? Bird: Just the way they have been. Rountree: Regular business. Bird: Regular business. Nary: What -- maybe if I could help clarify. What you're talking about is, essentially, the regular order of business, any statutorily required public hearings and the like and, then, on the workshop there won't be any statutorily required public hearings, so we would never notice a public hearing for that -- for that one. If there is something the Council Meridian City Council December 22, 2009 Page 32 of 33 wants to set for that, that's up to them to set that. Otherwise, there wouldn't be any statutory public hearings. Bird: I would say that we could do it as we have done in the past of setting the agenda for the workshop, the Council President sees that he needs a public hearing that we can do it, but I don't want it to become a habit. Nary: The example I was thinking is the gentleman tonight that was asking for a fee waiver. Bird: I agree with -- Nary: Versus a final plat or the land use types or things that no statute is required. Rountree: So, you have heard the motion. You have heard some discussion. You have heard another motion. You have heard more discussion. The first motion was seconded and the second motion restated has not been seconded. Do I have a second? Zaremba: I'll second it. Rountree: Okay. It's been moved and seconded to approve the motion as stated. All those in favor? MOTION CARRIED: ALL AYES. Rountree: All right. I need one more motion. Hoaglun: Move to adjoum. Bird: Second. Rountree: It's been moved and seconded to adjoum. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:46 P.M. (AUDIO RECOR _11a1G. nN ~ OF THESE PROCEEDINGS) TAMMY E~FF~D; ~PVIA~,xOR DATE APPROVED ~~ ~~AL AY~EE . HOLMAN, CITY CLERK ~~ OM / "'~,,~ C'pUNTY , ~OPie~~