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HomeMy WebLinkAbout2010 04-27Meridian City Council Meeting April 27, 2010 A Pre-Council meeting of the Meridian City Council was called to order at 7:09 p.m., Tuesday, April 27, 2010, by Council President David Zaremba. Members Present: President David Zaremba, Charlie Rountree, Keith Bird, and Brad Hoaglun. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Caleb Hood, Sonya Watters, Bill Parsons, Jeff Lavey, Mark Niemeyer, Steve Siddoway, and Clint Dolsby. Item 1: Roll-call Attendance: Roll call X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Zaremba: Good evening, everybody, and welcome. Thank you for your patience while we concluded another previous meeting. I will call this meeting to order of the City Council regular meeting for April 27, 2010. It is now about 10 minutes after 7:00 and we will begin with roll call attendance. Item 2: Pledge of Allegiance by Jack Madsen. Zaremba: Okay. Next item on our agenda is the Pledge of Allegiance and we will be led in that tonight by Jack Madsen. (Pledge of Allegiance recited.) Rountree: Thank you, Jack. Zaremba: Thank you very much. Jack, let me have you come up. For helping us with the Pledge of Allegiance here is a City of Meridian pin. Thank you very much. Rountree: Give him a candy bar or two. Zaremba: Oh. Oh, where is the candy? Thank you. We appreciate that. Thank you. Item 3: Community Invocation by Ed Kriener with the Meridian Assembly of God. Meridian City Council April 27, 2010 Page 2 of 44 Zaremba: Next item on the agenda is the community invocation which tonight we will be led by Ed Kreiner with the Meridian Assembly of God. We invite you all to join us in this prayer or take this as an opportunity for your own silent reflection. Kreiner: Thank you, Jack. All that nervousness was worth it, wasn't it? Got some candy and a medal. Like we just said, that we are under God one nation and we are one town under you. Tonight this business is going to deal with many -- many areas of our community, but we just want to take these moments to invite your presence and your wisdom among the decisions and discussions made today. We're not proud or arrogant; we humble ourselves before you and recognize your help in the affairs of man. In Jesus' name, amen. Item 4: Adoption of the Agenda. Zaremba: Thank you. Okay. We are now on Item 4, which is adoption of the agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: A couple changes to the agenda tonight as we go through here. Under Action Items, No. 7, 7-C, D, and E, these are all related to Southridge West Commercial by Cabra Creek, LLC. There is a request to continue those to May 25th and also under 7-I, Bridgetower Crossing Subdivision No 17 by Primeland, also requested to continue to May 25. And under Item 8-B, Department Reports by the Public Works Department, Item 1, there is a request to continue that to May 4th. And with those changes, Mr. President, I move adoption of the agenda. Rountree: Second. Zaremba: All right. We have a motion and a second to adopt of the agenda as amended and all those in favor say aye. Any opposed? That motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda. A. April 6, 2010 City Council Regular Meeting Minutes B. April 6, 2010 City Council Special Joint Meeting Minutes C. Community Development Block Grant (CDBG) Subrecipient Agreement with Meridian Food Bank D. Sewer Main Easement for Diamond View Assisted Living Meridian City Council April 27, 2010 Page 3 of 44 E. Memorandum of Agreement for Work Experience and Agreement for Labor Expense Reimbursement Between the City of Meridian and Idaho Department of Labor for a Not-to-Exceed Amount of $10,000.00 F. Revised agreement with Ada County Highway District with aNot-to-Exceed Project Cost of $180,583.92 for Construction of the Eagle Road, Victory to the Ridenbaugh Canal Project with Original Agreement Dated September 8, 2006 G. Change Order #1 to the Original Task Order Dated November 13, 2008 for $20,201.00, with Hydro Logic, Inc., for Additional Professional Services Associated with the Development of a State Certified Source Water Protection Plan for aNot-to-Exceed Amount of $30,000.00 H. Task Order #10148C for Thickened Waste Activated Sludge (TWAS) Pumping and Centrate System Improvements Design with SPF Water Engineering for a not-to-exceed amount of $62,500.00. SPF Water Engineering holds a Master Agreement for Services over $25,000.00, dated April 13, 2010. I. Revised Task Order 10018C with CH2M Hill for Design and Construction Services for the Bittercreek Lift Station and Pipelines Rebid Project for aNot-to-Exceed Amount of $47,600.00 J. Beer, Wine and Liquor Transfer of Owner from Lakeview Golf Club to Raven Golf Services dba Lakeview Golf Course; Located at 4200 W. Talamore Dr. K. Beer, Wine and Liquor Transfer of Owner from Mike McGuinness to KTFun LLC dba Muggsy's; Located at 501 S. Main St. L. Beer, Wine and Liquor Transfer of Owner from Iggys Grill to Pinnacle Sports Grill; Located at 2901 N. Eagle Rd. M. Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications: Chili's / On the Border 3004 N. Eagle Rd. BeerIVlline Liquor Meridian City Council April 27, 2010 Page 4 of 44 Pier 49 Pizza 3665 E Overland Rd. Beer Harrys Meridian Grill 2032 E. Overland Rd. Beer/Wine/Liquor Ricks Press Room 130 E. Idaho St. Beer/VNine A New Vintage Wine Shop 1400 N. Eagle Rd. #104 Beer/Wine EI Tenampa 906 N. Main St. BeerlWine Qdoba Mexican Grill #473 3068 Overland Rd. BeerlWine Qdoba Mexican Grill #474 3319 N. Eagle. Rd. Beer/VVine Firehouse Group/Bulls Head Station 1441 Eagle Rd. Beer/VVine/Liquor Bill n' Lynn's Place 229 W. Franklin Rd. BeerlWine/Liquor Firehouse Pub $ Grill 1767 W. Franklin #180 BeerlWine Aid #5412 1600 N. Main St. BeerlVNine Jacksons #1 412 E. Fairview Ave. Beer/VNine Jacksons #11 1585 S. Meridian Rd. Beer/VNine Jacksons #35 522 Cherry Lane BeerlWine Jacksons #56 66 E. State St. BeerlWine Jacksons #97 3100 Magic View Dr. BeerlWine Jacksons #98 1950 E. Fairview Ave. Beer/Wine Jacksons #99 180 E. Central Dr. Beer/Wine Jacksons #105 3291 E. Pine St. BeerlWine Jacksons #1181625 W. Franklin Rd. BeerlWine Jacksons #140 3010 Goldstone Dr. BeerlVNine Red Robin 1475 N. Eagle Rd. Beer/Wine/Liquor Walgreens # 06200 1570 E. Fairview Ave. Beer/Wine Walgreens # 10197 3150 W. Cherry Ln. BeerlVlline Walgreens # 106041625 S. Meridian Rd. BeerlWine Walgreens # 11452 3263 N. Eagle Rd. Beer/Wine Walgreens # 11687 4850 N. Linder Ave. Beer/VUine Cafe Indigo/Courtyard by Marriott 1789 Eagle Rd. Beer/WinelLiquor Meridian City Council April 27, 2010 Page 5 of 44 Meridian Mulligans 601 S. Main St. BeerlVlline/Liquor Siam Thai 2951 E. Overland Rd. Beer/Wine Fusion Asian Grill 3161 E. Fairview Ave. Beer/VUine Tobacco Connection 450 S. Meridian Rd. BeerlWine Legacy Feed and Fuel 3100 S. Meridian Rd. BeerlWine Jakers of Meridian 3268 E. Pine Ave. BeerlWine/Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Lane Beer Corkscrews Wine Shop & Pub 729 N. Main St. Beer/Wine Zaremba: Next item is the Consent Agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and that the Mayor and President be authorized to sign and the Clerk to attest. Rountree: Second. Zaremba: We have a motion and a second. All those -- I'm sorry. This is a roll call. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayors Office: Mayor's Youth Advisory Council Update Zaremba: Okay. Next is Item 6, the Department Reports. We have the Mayor's Youth Advisory Council update and I believe this is Caroline Lincoln. Lincoln: Hi. I'm Caroline and I go to Meridian High School. I am a junior and I'm, actually, a member of the executive board of the Mayor's Youth Advisory Council and I am here to present our monthly update. So, this month has been a really -- really a lot of focus on government affairs. We were instrumental in the texting while driving and while it failed we are still like really glad to have the Meridian City Council April 27, 2010 Page 6 of 44 opportunity to be involved in it and support it and we hope to come back next year and be just as involved in it and we had money from the American Lung Association and we are using our remaining dollars that we have to study USB project and it's where we are making PDAs to send out to different cities, so that we can show them the ins and outs of the Mayor's council, so that maybe people can start them and be involved in their community and we had a lot going on with that and so you all probably saw Luke get his head shaved and he had his head shaved, because if we raised our ideal goal of money for the Meridian Food Bank, then, he said he would shave his head and so he did and we would like to thank you all for your support. It was really awesome that we got to run the event and go through all the planning and everything and, then, actually, see it be a success, because I know we helped out the Food Bank and a lot of families in Meridian that needed it and we just wanted to thank you for all that. And, then, another subcommittee that we have in Mayor's Youth Advisory Council is TAC and this month we had an event at Wahooz. Every month we put on an event to keep kids busy, just keep them out of trouble, and this was our most successful event. We had 60 people. So, there was a lot of people at TAC events. And we were supposed to have our elections last meeting, but it didn't work out, so next meeting we are having our elections to see who is chair and co-chair next year for Council and I was nominated for co-chair, so, hopefully, I will see you as the co-chair next year. And just thank you for listening to me today and even though Mayor de Weerd is not here I wanted to say thank you to her, because she's just so involved and helps us out. She's taught us so much this year and next month it will be our last meeting, but I think we had a really great year and thanks for supporting us all year. Zaremba: Thank you very much. We appreciate the update. Any questions from the Council members? Hoaglun: Mr. President, I do have one quick question, Caroline. You raised 4,000 dollars for the Food Bank, which is a great sum of money, we do appreciate that and I'm sure next year the goal will be higher. Lincoln: Uh-huh. Hoaglun: Any idea what you're going to ask Luke to do next year? Lincoln: Well, yeah, not really sure what we are going to ask him to do next year. We do a different event each year. Last year was the Meth Project. This year was the Food Bank. So -- well, you know, hair grows back, so -- you know, have him maybe diet or -- Hoaglun: Or a tattoo, maybe, you know. Lincoln: Tattoo? Mayor's Youth Advisory Council? All of our names. That would be awesome. Meridian City Council April 27, 2010 Page 7 of 44 Hoaglun: We will have to think about that. We will help you out on that. Lincoln: Yes. Okay. Hoaglun: Okay. Bird: I think you ought to make Eli shave his head. Lincoln: Oh. Yeah. Nary: I like that. That's a great idea. Lincoln: I think Eli values his hair. We will see. Hoaglun: We appreciate your work in the Mayor's Youth Council. B. Parks Department: Julius M. Kleiner Memorial Park: Discussion of Response to Staff Report Received from Ada County Highway District (ACRD) Zaremba: Thank you so much. Okay. Next item is another Department Report and this is from the Parks Department. Mr. Siddoway. Siddoway: Thank you, Mr. President, Members of the Council. This is an update on the Kleiner Park and the ACRD staff report. We received the ACRD staff report for the Kleiner Park last Wednesday and you should have received a copy of that report for your packets tonight. There are a number of issues that we need to work out in that report related to acquisition of off-site right of way and -- and related issues and, therefore, we have requested continuation of the hearing. The ACRD hearing is scheduled for tomorrow night, Wednesday night, at 6:00 p.m. We have requested continuation in order to work on some of these issues. However, the -- it is an evening meeting and the neighbors have been invited to that meeting. So, I do anticipate that that hearing will be opened, that they will most likely take testimony from the neighbors who will be there. As we heard when we held a similar hearing here, about access issues to and through the park. And, then, we hope to have that item continued into May, so that we can continue to work on the -- the other items. With that I will keep you posted on design changes as they do come up and we work through them with staff. We did have a meeting this morning with Gary Inselman, who is here from ACRD. Kristy Little, who was, I think, I believe the main author of the report that we received. And others from the city and the park trust as well. Got some of those ideas out on the table and I think everyone is in agreement that we need to work on those items in the coming weeks. So, with that I will end and, then, just stand for questions and just offer to bring you forward those potential design changes as they are worked through. Any questions? Meridian City Council April 27, 2010 Page 8 of 44 Zaremba: Any questions, Councilmen? Bird: Mr. President, I do have one -- Zaremba: Mr. Bird. Bird: -- and it's not regarding this, but, Steve, I want to thank you and your staff for going out there and taking care of that water plaza last week for us. Certainly appreciate it. Thank you. Siddoway: You're welcome. Zaremba: Okay. So, it sounds like it would be important to have a presence at their commission meeting tomorrow night -- Siddoway: Yeah. Zaremba: -- if they are going to take any testimony at all. I can join you. Do you wish to have any other councilmen or am I enough? Siddoway: You know, Iwould -- certainly anyone is invited, but I think for tomorrow night, if you were able to come -- I will certainly be there. The way see this working is ACHD staff will make the presentation that they have prepared. We will make a very brief presentation stating the request for continuance of the reasons why and, then, they will open it up for public testimony, because it has been noticed to the neighbors, we anticipate several people will be there and some of them may not be able to come the night that it will be continued to, so we do anticipate taking testimony tomorrow night at the -- or having them take testimony tomorrow night at the hearing. Zaremba: Okay. Siddoway: So, we do need to be there, but we do anticipate a continuation as well. Zaremba: All right. I will join you tomorrow night. Siddoway: Okay. Thank you. Zaremba: Any further questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council April 27, 2010 Page 9 of 44 Rountree: Would you provide us just a synopsis of what transpires tomorrow evening? Zaremba: Sure will. Rountree: Thank you. Siddoway: Thank you. Item 7: Action Item. A. Public Hearing: CPA 09-007 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 6.54 Acres of Land From Commercial to Industrial; and Also Change the Land Use Designation on 1.12 Acres of Land From Industrial to Commercial B. Public Hearing: RZ 09-005 Seyam Subdivision by Ronald Van Auker Located North Side of Franklin Road, Approximately 1,200 Feet East of the Eagle/Franklin Intersection: Request for Rezone of 6.54 Acres from C-G to I-L Zone and Rezone of 1.12 Acres from I-L to C-G Zone Zaremba: Good. Okay. Now, we are going to -- it just occurred to me we don't have the item that says things moved from the Consent Agenda. Oh. There. It's way down to No. 9. We didn't have any anyhow, but I just kind of was expecting it here. All right. We are onto Item 7, which is the Action Items, and A is the public hearing on CPA 09-007 and we will begin with the staff report. Wafters: Thank you, Councilman Zaremba, Members of the Council. The next application before you is for Seyam Subdivision. The site is located on the north side of East Franklin Road, east of the Eagle-Franklin intersection, and Ashley Furniture store. Our first application is the Comprehensive Plan map amendment to change the land use designations on 6.54 acres of land from commercial to industrial. That's just directly adjacent to Franklin Road there. And 1.12 acres from industrial to commercial. And that's this part here. And a rezone of 6.54 acres from I-L, light industrial, to C-G, general retail and service commercial. And 1.12 acres from I-L to C-G, consistent with the Comp Plan amendment request. The Commission heard these items on March 4th and the 18th. At the public hearing on the 18th they moved to recommend approval of the subject Comp Plan amendment and rezone request. Summary of the Commission hearing. Brad Miller testified in favor of the application. No one testified in Meridian City Council April 27, 2010 Page 10 of 44 opposition. Key issue of discussion by the Commission was concern about the esthetics of an industrial use and buildings being located adjacent to Franklin Road, an entryway corridor into the city, and difficulty with applying commercial design standards to an industrial building that isn't really suited as such. The Commission did not make any changes to the staff recommendation. Outstanding issue for City Council is to determine if it's in the best interest of the city to approve a change to the future land use map and zoning map that would allow an industrial use to develop on this site adjacent to Franklin Road, an entryway corridor into the city. No written testimony has been received on this application. Staff is recommending approval of the applicant's request, with a development agreement, provided that no outdoor storage of materials be located between the facades of the structures adjacent to Franklin Road and a future extension of Touchmark Way and the facades of the structures and portions of the site directly adjacent to Franklin and the future extension of Touchmark, develop in accord with the design guidelines for commercial developments, rather than industrial developments. Staff will stand for any questions the Council may have at this time. Zaremba: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. Zaremba: Thank you. And we will hear from the applicant. Welcome. Miller: Thank you. Brad Miller with Van Auker Properties, 3084 East Lanark in Meridian. Thank you very much for taking time to hear our application. The -- back in 1994 when we zoned this property there was an arbitrary line that was drawn there to divide the industrial from the commercial and when we went through to subdivide this property, there is a split zoning on the -- on that first lot to the east of that new proposed road there. And so one of the requirements of the subdivision approval was that we either move a lot line to the zoning or we move the zoning to the lot line. So, what precipitated this application was to the north of that we have abuilding -- 142,000 square foot building that's primarily occupied by Scentsy and so they came to us and said that they needed a large distribution warehouse and so we came to the city to see if we could do that on this property and they said, well, we have got a problem with the split zoning. So, we went through that and it was decided the best course of action was to do -- would be to do a Comprehensive Plan amendment. So, we applied for that. Since we applied for that and since the P&Z hearing things have kind of changed a little bit with Scentsy, so they may be going another direction, but we still would like to follow through with this and go ahead and have this -- this decision made to change it to an industrial zoning. The protection -- we understand it's an entry corridor and the requirements that the staff has put in place would require us to build it to a commercial building standard, so we are willing to meet that design Meridian City Council April 27, 2010 Page 11 of 44 criteria and we will move ahead in that direction. So, we think that we can build a nice esthetically pleasing, probably a distribution warehouse building there. When you look at the -- and when you say industrial, a lot of people envision, you know, smoke stacks and all that. Well, I mean you know what our buildings are and they aren't that. And if you go to the west of there and you look at R.C. Willey and you look at Ashley Furniture, basically, those are large industrial buildings, even though they are -- they are retail buildings, you look at them, they are the same as what we would build, although I think ours would be a little bit more pleasing, because of the requirements that we have, which have been enhanced since both of those buildings were built. So, we appreciate your consideration of this. I'll stand from any questions. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Thanks, Brad. Miller: Thank you. Zaremba: All right. Thank you. I do have one question before we go on of Mr. Nary. In announcing this, I only opened the CPA 09-007. We have had some testimony on the rezone, which is RZ 09-005. Can I open that in reverse? Nary: You can open that now. That's fine. Zaremba: Okay. I -- Nary: And it is offered, Mr. President. And, then, if anyone else has additional comment, then, they can certainly come up if they want to make any additional comment about the rezone. Zaremba: Okay. So, let me clarify that both CPA 09-007 and RZ 09-005 are open. I was thinking we had to do comprehensive plans separately, but we can do them together. This is a public hearing and I don't have anybody signed up to testify, but if anybody in the audience would care to offer any testimony or comment on both of the issues, either one or both of the issues, you're welcome to do so now. Having given the opportunity and seeing nobody come forward, gentlemen, unless you have questions, I would entertain a motion to close both hearings. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we close the hearings on Items 7-A and B. Meridian City Council April 27, 2010 Page 12 of 44 Bird: Second. Zaremba: I have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we approve CPA 09-007 for Seyam Subdivision by Ron Van Auker and to include staff and applicant testimony. Rountree: Second. Zaremba: We have a motion and a second. All in favor say -- or do we need roll call. I'm sorry. Madam Clerk, may we have a roll call. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: Motion passes. MOTION CARRIED: ALL AYES. Zaremba: Next items on the agenda are three -- Bird: Mr. President -- Mr. President , I need to -- I would -- Zaremba: So, you split them and -- meant that. Bird: I would move that -- Zaremba: Okay. I'm sorry. Bird: I would move that we approve RZ 09-005, the rezone of 6.5 acres and 1.12 acres, and to include all staff and applicant testimony. Rountree: Second. Zaremba: Okay. Again, we have a motion and a second. This one on RZ 09- 005. Madam Clerk, please, call role. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Meridian City Council April 27, 2010 Page 13 of 44 Zaremba: Again that motion does carry. MOTION CARRIED: ALL AYES. C. Public Hearing: CPA 09-010 Southridge West Commercial by Cabra Creek, LLC -Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map to Change the Land Use Designation on 60.74 Acres of Land from Medium High Density Residential (MHDR), Medium Density Residential (MDR), Green Space and Park Land (PARK) and Mixed Use Commercial (MUC) to Mixed Employment (ME) D. Public Hearing: AZ 09-010 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Annexation and Zoning of 5.63 Acres from RUT in Ada County to the M-E (Mixed Employment) District E. Public Hearing: RZ 09-006 Southridge West Commercial by Cabra Creek, LLC Located at the Northeast Corner of S. Ten Mile Road and W. Overland Road: Request for Rezone of 9.33 Acres from the R-8 Zoning District to the C-C Zoning District Zaremba: So, now we are ready to move on to C, D, and E, which I will open the public hearings for CPA 09-010, AZ 09-010, and RZ 09-006. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we continue Items 7-C, D, and E until May 25th, 2010. Hoaglun: Second. Zaremba: We have a motion to continue all three of these and I will note that we have nobody signed up to speak. All in favor of the motion? Any opposed? Those three items are continued to May 25th. MOTION CARRIED: ALL AYES. F. MFP 10-001: Crossfield Subdivision No. 3 by Conger Management Group Located South of W. Ustick Road, Meridian City Council April 27, 2010 Page 14 of 44 West of Venable Lane: Request for Modification to the Fencing Materials Previously Approved for Lot 14, Block 11 and Lot 18, Block 10 Zaremba: Next is MFP 10-001. Note that this is not a public hearing. And we will begin with the staff report. Wafters: Thank you, Councilman Zaremba, Members of the Council. The next application before you is for Crossfield Subdivision No. 3. The site is located south of West Ustick Road and west of Venable Lane. The application is for a final plat modification to change the previously approved fencing material for the perimeter of Lot 14, Block 11, and the portion of the perimeter of Lot 18, Block 10, that is adjacent to the east boundary of Lot 17, Block 10, from four foot tall wrought iron to four foot tall solid vinyl. The reason for the request is that the applicant inadvertently constructed vinyl instead of wrought iron fencing, as shown on the landscape plan approved with the final plat. The applicant's requested change is consistent with the fencing standards contained in the UDC, therefore, staff is recommending approval of the application. The applicant has submitted a letter in agreement with the staff report. Staff will stand for any questions the Council may have. Zaremba: Councilmen, any questions? Bird: I have none. Rountree: I have none. Zaremba: Thank you. I would entertain a motion. Hoaglun: Mr. President, I move approval of MFP 10-001 and to allow the four foot solid vinyl fencing. Bird: Second. Zaremba: Okay. We have a motion and a second. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: The thought crosses my mind and I do now have a question. Can you give me the genesis of why the wrought iron open fencing? Was that a comment from the police? Wafters: No, Councilman Rountree. It was -- it was just what was proposed by the applicant to begin with. Meridian City Council April 27, 2010 Page 15 of 44 Rountree: Okay. Wafters: Therefore, it was a requirement that was approved on the plan. Rountree: Thank you. Zaremba: Okay. We have a motion to approve. All those in favor say aye. I'm sorry. This is a roll call again. Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: That motion does carry. MOTION CARRIED: ALL AYES. G. Public Hearing: PFP 10-001 Monica Subdivision by B2 Investments, LLC Located at 327 N. Linder Road: Request for Approval of a Combined Preliminary /Final Plat consisting of 3 Building Lots on 3.62 Acres of Land in an I-L Zoning District Zaremba: Next is Item G and this, again, is a public hearing. I will open the public hearing for PFP 10-001 and we will begin with a staff report. Parsons: Thank you, Mr. President, Members of the Council. The site before you is on the west side of North Linder Road and approximately a quarter mile north of Franklin Road. The application before you is fora combined preliminary/final plat of three industrial zoned lots. You can see here in the zoning in the aerial that most of the property surrounding the site is zoned I-L and there are some properties to the east that are currently in the county and are planned for a mix of uses in the future. So, here, again, is the preliminary plat. Lot 1 is currently developed with an existing A-1 Heating business and so the current owner of the property just wants to subdivide the property and create two additional lots. Access to those two vacant lots will be served by across-access, which is noted on the plat. You also recall that this project came before you back in 2005. The applicant thought he had satisfied all of the city's requirements and failed to record the subdivision. So, it's, basically, a redo before you tonight. So, here is the final plat again. You can see all the easements that are depicted on that. The applicant is in agreement with the staff report. There was one -- not really an outstanding issue, but there was one comment in a staff report that I wanted to bring to your attention. The site currently uses domestic water for its irrigation and we did receive that letter late this afternoon from the irrigation district stating that the nearest facility is roughly 750 feet away and it would just be very expensive for that -- for that -- for them to get water to them. So, at this point they didn't feel like it was necessary -- they felt it was unserviceable at this Meridian City Council April 27, 2010 Page 16 of 44 time. So, you did receive that letter in your packet tonight. And, again, there aren't any outstanding issues. We did not receive any written testimony since the last hearing. Commenting at the Commission meeting was Pat Minegar, which is the property owner. Key issues of discussion by the Commission. There were none. With that I will stand for any questions Council may have. Zaremba: Questions? Rountree: I have none. Bird: I have none. Zaremba: All right. Thank you. Is the applicant here? Please come forward. Thank you. Minegar: Thank you, Mr. President, Members of the Council. Zaremba: Please state your name and address for the record. Minegar: I'm sorry. Pat Minegar. My address? Zaremba: Yes. Minegar: Is 3327 North Linder Road is my business. In Meridian. Zaremba: Thank you. Minegar: This application did come before you in 2005. Due to some career changes that the civil engineer made, three of them, during the course of the project, the final plat didn't get recorded and so I'm back before you and I stand for any questions. Zaremba: Great. Any questions from the Council? Hoaglun: Mr. President? Just a -quick question. Zaremba: Mr. Hoaglun. Hoaglun: If I recall a driving -- I drive that road. Your landscaping requirements for water is pretty minimal, if I recall. Minegar: Uh-huh. Hoaglun: Should be served well with that domestic water and -- yeah. So -- okay. That's all I have. Meridian City Council April 27, 2010 Page 17 of 44 Zaremba: And I would guess that you have all the recorded backflow inhibitors or -- Minegar: Yes. Zaremba: -- whenever they are called in place? Great. Thank you. Any other questions? Bird: I have none. Minegar: Thank you. Zaremba: Thank you. He was the only one that was signed up to testify. But, again, this is a public hearing, if anybody would like to make further comments on the subject? Having given the opportunity and seeing nobody coming forward, Council? Bird: I move we close the public hearing on PFP 10-001. Rountree: Second. Zaremba: We have a motion and a second to close the public hearing. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Bird: Mr. President? Zaremba: Mr. Bird. Bird: I move we approve PFP 10-001, Monica Subdivision, by B2 Investments and to include staff and applicant testimony. Rountree: Second. Zaremba: I have a motion and a second to approve PFP 10-001. Madam Clerk, will you, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All eyes. Motion carries. MOTION CARRIED: ALL AYES. H. Public Hearing: MDA 10-004 The Tree Farm by Spurwing Greens, LLP Located North Side of Chinden Boulevard Meridian City Council April 27, 2010 Page 18 of 44 on Both Sides of Black Cat Road, West of Spurwing Subdivision: Request to Remove a Provision From the Recorded Development Agreements (Inst. #106151218, #107025555, #107141993) and Include a New Provision to Allow the Construction of a Tennis Court Facility and Related Site Improvements Zaremba: All right. Next we will do Item H. I will open this public hearing for MDA 10-004 and we will begin with the staff testimony. Parsons: Thank you, Mr. President, Members of the. Council. The subject site is located on the north side of Chinden Boulevard, just east of the Spurwing Subdivision. This property was annexed in 2006, known as the Tree Farm annexation. Since, then, a portion of it has been platted and the applicant is coming before you tonight to modify some of those provisions in the DA and also comply with the recent time extension that staff took action on to tie some elevations to the plat, too. Here is the aerial of the site. I have -- like I said, the purpose of this request is for two. One to tie elevations and the other is to construct a tennis facility on unplatted portion of the property. And so this graphic before you shows you a close up on where they are proposing to locate that facility in relation to the Spurwing Subdivision to the east. Before I get into the specifics of the amenity, I did want to allow you to take an opportunity to look at the elevations that we are -- our staff has recommended approval of in the DA staff report. You can see on the left-hand side those are some of the homes that are scheduled for the R-8 portion, R-15 portion of the subdivision, and, then, the larger estate homes on the right-hand side will be slated for this portion of the subdivision that we will be talking about tonight or the unplatted portion that we are talking about tonight. Here is the concept plan that the applicant has proposed with the application. You can see here that there is three tennis court facilities and, then, of course, the biggest issue is the connection with the Spurwing Subdivision, which is an Ada -- unincorporated Ada County. The applicant, again, is proposing to have this constructed on unplatted property. The current DA on the site says that a building permit will not be issued until the property is subdivided. Right now if you look in the left-hand corner you will see a dashed line and if you can follow this arrow, that's the approximate location of where the property is final platted. So, anything north of that boundary, public streets are in, services are in, and that's ready to move forward with houses to be constructed. So, really, we are talking about everything to the south of that platted line, if you will. That portion has been preliminary platted, it just has not been approved for final plat. Looking at the approved preliminary plat for that site, the location of this facility pretty much will displace the micropath lot and two buildable lots. So, that's the biggest change from this -- from this amenity to the previously approved preliminary plat. To get into more specifics, what I've done on this graphic is try to show you that, because the applicant wants to tie the two subdivisions together, you can see that some of the tennis court facilities -- or the tennis facility is going to overlap onto some of the Spurwing Subdivision. So, this Meridian City Council April 27, 2010 Page 19 of 44 graphic with the red dotted -- dashed line shows you what improvements will be occurring on the Spurwing Subdivision and what improvements will be occurring on the unplatted portion within the city. The applicant has received administrative approval through Ada County Development Services to move forward with the Spurwing Subdivision improvement. We have not received any testimony or any calls from any of the adjoining neighbors. I did speak with a couple folks over the counter this morning and they were -- just wanted to make sure that the driveway was going to be gated and that was their biggest concern out there. I did put some analysis in the staff report for you. Typically, our private street standards do prohibit gates from been located on them, but due to the fact that this is a drive, I want to stress that this is not the public road or a private, it will be a common access drive. So, there really is no conflict in the ordinance that would prohibit it from being gated at this time. So, I did want to go on record and inform you guys that that's what the code -- how the code is written. The applicant's in agreement with the staff report and, like I said, the only outstanding issue is if you want the gates along that common drive or not. With that I will stand for any questions you may have. Zaremba: Council, any questions? Bird: I have none. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Would you point out the locations of the gates? Parsons: Mr. Rountree, I would be happy to. It will be here at the west entrance on the Jaker site and, then, over here in the southeast corner off of Balta Court in the Spurwing Subdivision site. So, it will be gated on both ends. And, then, up in the right-hand corner you will see the depiction of what they are proposing as far as those gated entries. Rountree: And what access is provided from the road that's in the middle of that graphic going north? Parsons: Councilman Rountree, are you referring to this? Rountree: Yes. Parsons: Currently right now that is a golf course. Path for golf carts. Rountree: Okay. Meridian City Council April 27, 2010 Page 20 of 44 Zaremba: On that same subject, even though the gates will physically be on private property, I guess, do our police and fire still have a way to get through them, access to open them, or do we feel that's necessary? Niemeyer: President Zaremba, I talked to Deputy Chief Silva on this today and he said there was not an issue for the fire department. We do have access through those gates. So, we are -- we are good with this. Zaremba: Okay. Thank you. Another question, if I may. You mentioned a micropath. I didn't understand. It was either being removed or rerouted. Was that a required pathway, by any chance, and, if so, was it rerouted? Parsons: President Zaremba, there is a couple mircopaths and I will elaborate on it a little bit more. One is already platted with phase one of Jaker sub and that's to the north and, currently, that stubs to nowhere. It doesn't provide any connection, it's just there. The applicant is seeking some relief from that lot. They want to remove that. I called it out in the analysis section of the staff report that the appropriate mechanism for that is to go through the final plat modification process to remove that requirement and do a property boundary adjustment to include that as part of a buildable lot. So, that was approved under a separate process. It wasn't a requirement of the DA, so that, therefore, I wanted to at least put that in there for you. However, the concept plan for the Tree Farm does show a pedestrian connection in this location. That was approved with that concept plan. So, with this connection, even though it is vehicular, it still provides pedestrian connection, so we can support that there is still somewhat -- they are still meeting the intent of their concept plan, so they are providing both vehicular connection with both subdivisions -- just for subdivision -- folks that live in that subdivision and also a pathway for folks to get in between one other. So, it's a dual purpose drive, if you will. Zaremba: Okay. Thank you. Any other questions for staff? Rountree: Mr. President. Without a plat do we have legals that would identify which portion or the entire parcel would ultimately be annexed into the city or will any of it be annexed into the city? Parsons: Councilman Rountree, the property is already annexed. They will be required to go through certificate of zoning compliance and design review approval for that amenity. They had stated in their DA provisions -- one of the proposals was to plat this property within two years. So, we can anticipate that that open space will become part of a final plat in the future, but to have some specific legals, maybe something they could do with their CZC application to call out what that area would be, but at this point we would only be looking at the entire property -- size of that property as it is now. So, basically, it's one lot. Rountree: But isn't that portion to the east in the county? Meridian City Council April 27, 2010 Page 21 of 44 Parsons: That is correct. Councilman Rountree, that is correct. Rountree: And don't we kind of create a nightmare in terms of permitting and building inspection and those kinds of things as this facility develops a major portion in either jurisdiction? Parsons: Councilman Rountree, the applicant has spoke with Brent Bjornson and they have been informed that they won't -- the only permit they would need would be for a fencing permit for the construction of the tennis court facility. But because it is an amenity we would require a CZC and design review approval per our requirement. So, yeah, that was one of the issues that we had is their straddling right -- the tennis court facility is actually on a portion of Ada County property. Rountree: So, the -- what appears to be a clubhouse will have United Water and they will connect to Meridian sewer? Parsons: Councilman Rountree, to my knowledge I had not been told that they would hook up to city services at this time. Maybe the applicant can clarify on that issue for you. Rountree: Okay. Thank you. Zaremba: Any other questions at this point? All right. Thank you. In that case I would like to call the applicant forward for anything you wish to contribute and, please, start with your name and address for the record. Did you hand one to the clerk? Thank you. Blackstead: Good evening, Mr. President and Councilmen. My name is Rod Blackstead, I represent the Sundance Company, the new owners of Jaker Subdivision, which is currently marketed as the Tree Farm Subdivision. My address is 11760 West Executive Drive, Boise. For the record, I would also like to note one thing. We are in the process of changing the name of this project to Spurwing Greens Subdivision and we do have approval from the board of directors from Spurwing Country Club to do that. So, hopefully, in the future that's how I'm going to be referring to this project. I'd like to thank Bill, he did a great job. He's pretty much did my whole presentation, but what I would like to do is clarify a few things and, then, stand for any questions that you have. I also have Cornell Larsen in the audience with me, the architect that drew these renderings and such. If you can direct yourself to page one, that's kind of an overview of the entire project that we have under ownership. The white lots are the recorded lots, the yellow lots are the preliminary platted lots that we are asking for you to extend our time frame on those due to the current market conditions and to the fact the new ownership. Of course, the green areas, the common area, the tan area are additional properties that we are vested in. On Meridian City Council April 27, 2010 Page 22 of 44 the right side of that plat is the tennis courts that we are proposing to build in the unplatted -- in the preliminary platted land. What I would also like to comment on is -- clarify that road that runs to the north, that pathway, that is actually an emergency vehicle access drive that connects the two cul-de-sacs on -- in Spurwing Subdivision, the north cul-de-sac and the south cul-de-sac and what we are proposing to do is continue that access point to the west and come out onto Silver Maple -- or Sunset Maple Way to provide, you know, connectivity through there and, yes, we did get with the fire department, got their approvals on it, have all the necessary safety requirements for them to gain access through there. Let's see. As far as -- on the Ada County side we have been through their process and got all the necessary approvals to build the monuments, the gates, construct that portion of the driveway and we have received all the permits to remodel the comfort station into a tennis center. That's all complete, ready to -- to start. For the record, I believe that tennis court is under United Water service, along with that subdivision, along with the Spurwing Greens Subdivision, it's all United Water. As far as sewer goes, the bathroom located there on the golf course is -- is currently served by a septic system and when we remodel that septic -- or remodel that comfort station into the tennis center we will probably destroy the septic system and either have to move it, but what we are asking in our packet was approval to hook to city sewer. So, if you guys approve this, that's part of the condition that I believe is in our application. Okay? We can provide you legal documents, easements, or whenever that -- for the location of the tennis courts and the -- and the driveway. Is there any questions on any of that to this point or -- Zaremba: Councilmen, any questions yet? Proceed. Blackstead: So, again, for the record, we are in -- in agreement with the staffs report. What I'd like to do now, if I could, is just take a quick moment and maybe have you refer -- turn to page nine and what I would like to do is just give you a quick overview of the project on some of our vision on the future. What we present so far is what we are asking for approval on. What I would like to just kind of touch on is the fact that we will be coming back in the next few months, making some additional changes to the project, but I would like to kind of present those to you a little bit this evening to give you an idea of how the entire project will look. On page nine you'll notice that's the main entrance coming in off of Chinden and what -- what's going on there is on the west side the previous developer never landscaped it, so we will be coming back and asking for permission to go ahead and landscape the west side, build some new monuments, change the signage, make some covered entries over the sidewalks, similar to how these drawings are shown. On page ten is an aerial view of conceptual drawings that we are planning to bring forth for a new entrance into the estate's area of the subdivision. On page 11 is a little bit more detail of that. What we will be doing is adding the waterfalls on the left side of the drawings, we will be building the sandstone fences, the new entry signage, and we would like to build a covered entryway into this phase of the project. What we Meridian City Council April 27, 2010 Page 23 of 44 have got off -- off to the right side of this drawing is a little loop driveway, if you will, that will allow the neighbors that live in this section of the subdivision to drive into this area underneath the covered entry and that's where they are going to pick up their mail. In this project there is cluster mailboxes that -- what have been approved on the sidewalks. What we would like to do is kind of cluster all those into a building with a covered drive through area where people can come, stop, get their mail and, then, continue on home. So, that's some items that will be coming back to show you and we will be making a few other plat changes and et cetera, but we will continue working with your staff over the next few months on those -- those items. In conclusion, again, what we are asking for this evening is to extend our preliminary plat to modify our development agreement to include the elevations as shown and we are asking your approval to build the tennis courts. This concludes my presentation. Again, myself and Cornell Larsen are here to answer any questions that you may have. Zaremba: Thank you. Council, any questions? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I have a question on the request. This public hearing only addresses -- at least it's only advertised, the modification of the development agreement. It has nothing about the extension of the preliminary plat. Are we -- we are not advertising that? Parsons: President Zaremba, Members of the Council, Councilman Rountree, the condition of the plot being extended was that they get -- they amend the DA and tie elevations to the plat. So, if you approve those elevations tonight as proposed and that staff has recommended, the plat will be extended 18 months. That was an administrative approval already. Rountree: Administrative approval? Parsons: Yes. Rountree: Okay. Canning: President Zaremba, I did want to clarify one thing. We looked at the application and it does not include a request to extend sewer to the restroom facility. So, that was not evaluated as part of this development agreement. Blackstead: I stand corrected. Canning: Wanted to make sure we all were on the same page. That was all. Meridian City Council April 27, 2010 Page 24 of 44 Zaremba: Okay. I know we have had a general policy that we do water and sewer. Let me ask. Does this cause any problem if we were to approve sewer only? Canning: President Zaremba, Members of the Council, the property to which you would be extending it is not in the City of Meridian, so that's generally of concern to the Council. Water in this area -- we do not provide water, it's a United Water service area. So, we are not providing any water. But it would be unusual for us to extend it without an annexation agreement or application. If the -- the applicant -- if they do -- if their septic tank is destroyed, then, Central District Health probably won't let you build another one, because sewer is available now. So, this may be an issue of the future, I suspect. Blackstead: That's why I was asking for -- Zaremba: But it's something that just gets resolved in the process? Do we need to express an opinion on it? Canning: You will have an opportunity. It will be a public hearing -- Zaremba: At another time. Canning: -- an annexation public hearing probably is what it will be. But we can figure out that when we come to it. You don't have the tools before you tonight to approve it, I don't believe. Zaremba: Thank you. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun: Hoaglun: Anna or Rod, that -- where that system would be located is in the Spurwing side of things, not -- not the part that's been platted already, so that -- that's an issue we will have to resolve, if that's what you want to do with that little -- that building there; is that right? Blackstead: Understood. Yeah. Zaremba: Okay. Anything you wish to add? Blackstead: I think I'm good. Zaremba: Okay. Thank you. Blackstead: Okay. Thank you. Meridian City Council April 27, 2010 Page 25 of 44 Zaremba: Again, this is a public hearing. He was the only one signed up to speak, but if anybody else would care to add anything? It doesn't look like Cornell needs to add anything. I don't see anybody else coming forward. Gentlemen? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we close the public hearing on Item 7-H Bird: Second. Zaremba: We have a motion and a second to close the public hearing. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we approve the request to modify the development agreement in Item 7-H, MDA 10-004. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk, please, call roll. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. Rountree: And, Mr. President, just for the applicant and Cornell that we had not been receptive to extending our services to non-city areas, so keep that in mind. I. FP 10-003 Bridgetower Crossing Subdivsion No. 17 by Primeland Investment Group, LLC Located 1/4 Mile West of N. Linder Road and 1/4 North of W. Ustick Road: Request for Final Plat Approval for 3 Residential Building Lots on Approximately 1 Acre in an R-4 Zoning District Meridian City Council April 27, 2010 Page 26 of 44 Zaremba: Thank you. Okay. Next item is FP 10-003, which is also not a public hearing, but there is a request to continue it. Hoaglun: Mr. President. I move -- Zaremba: Mr. Hoaglun. Go ahead. Hoaglun: -- FP 10-003 be continued to May 25th, 2010. Bird: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. Thank you. That one is continued. MOTION CARRIED: ALL AYES. J. Public Hearing: CPA 09-008 by City of Meridian Planning Department: Request for Comprehensive Plan Map Amendment to Modify the Future Land Use Map by Replacing the Public /Quasi- Public Designation with a New Civic Designation; Changing the Future Land Use Designations for Current and Former Churches and Hospitals That Are Designated Public /Quasi-Public; Adding New Symbols to the Legend for Future Facilities (i.e., Schools, Parks, Fire Stations, Transit Stations); Incorporating the Land Use Designations of the Ten Mile Interchange Specific Area Plan; Removing the Water and Sewer Line Designations; Updating the Roadways Designated as Entry Way Corridors; and Removing the Roadway Classifications by City of Meridian Planning Department K. Public Hearing: CPA 09-009 by City of Meridian Planning Department Request for Comprehensive Plan Text Amendment Incorporating the Changes Associated with the Concurrent Map Amendment; Add Text to Clarify and Define Fire Station and School Sites; Update Old Text in the Recreation and Park Section of the Plan (Chapter VI and VII) and Incorporate Language Regarding the East 3rd Street Alignment Study by City of Meridian Planning Department Zaremba: We are now up to item J, which is a public hearing and, let's see, do we want to do J and K separately or together? Anybody have an opinion? Rountree: I would do them together, Mr. President. Meridian City Council April 27, 2010 Page 27 of 44 Zaremba: Okay. I will also open the public hearing for CPA 09-009. So, we have 008 and 009 are open. And begin with the staff report. Hood: Thank you, Mr. President, Members of the Council. These items go together, so thank you for opening them up concurrently. The subject applications are intended to clean up the future land use map and the text of the Comprehensive Plan. So, those are the two applications before you. There are also some proposed changes that reflect a shift in the way the map will function. All the changes are intended to make the map and text, again, of the Comprehensive Plan more user friendly and provide a better guide for development. We are planning to delete the public/quasi-public designation on the map. On the overhead I have got pointed out the current map and the public/quasi-public designation. We are proposing to replace that with civic. This definition is also amended in the text of the plan to reflect that this civic designation will be used for public schools, fire stations, libraries, post offices, utilities, cemeteries, and other government owned property. I'm going to go to the next slide. So, that's the current map and I can certainly come back to that if we need to. Existing public parks, schools, and fire stations will all be designated civic and colored green on the map and be given a symbol to designate the use. Future public park sites, fire stations, and school cites currently owned by the city will also be designated civic, so colored green, but will be given a different symbol in the legend to designate the facility as planned, but is not yet constructed. And general locations where future public parks, schools, and fire stations are envisioned and needed, but where property has not yet been acquired, they will be designated with a future symbol only. So, let me run through those examples. I know this scale isn't the greatest and, in fact, I brought the full size map if you all want to -- want to look at those a little bit closer, but the three different variations -- this would be an existing facility or they are pointed out here, an existing park are green and they don't have that halo around them, so the halo designates a future facility. Those show up a little bit better here. You can kind of see the halo around this facility. There is a future fire station. So, if they -- and, then, a good example of a future facility where the city has acquired property would be the future park site where they are -- it's colored green, because it's under public ownership, but a facility does not yet exist. So, that one, actually, has a halo around it. It's hard to see there is a halo, because it doesn't exist, but it's colored green, because it's under the ownership. The Borup property would be another -- and, in fact, that's the one that's called out. It's colored green, but it has a halo around it, because it's not currently developed as a park. Rountree: Caleb? Hood: Yes. Rountree: Mr. President, if I might. Meridian City Council April 27, 2010 Page 28 of 44 Zaremba: Mr. Rountree. Rountree: In your definition of civic, is that just related to local government? Does it help us put some teeth in trying to deal with say the state when they come to town and decide they are going to do something? Case in point is the state police facility where they, essentially, don't comply with any of our rules or regulations, because they don't have to, because the state made the rules and exempted them. Can we not have a definition in civic that it applies to them as well and at least things like impact fees and design review apply to them? Hood: Mr. President, Councilman Rountree, we certainly could do that in the definition of the Comp Plan. I don't know that it gets us the tool we need, though, to have them comply with design review or pulling any other type of permits where we want them to comply with other standards. Currently in the Comp Plan, anyway, this -- they are lumped in there and, in fact, you can see on the map -- I have tried to kind of highlight it. ISP site is colored green in civic, like all the other government facilities. I would think something in the UDC or some other mechanism would probably be the right place if we are looking for them to comply with some standards. I'm not quite sure or well versed in when they have to comply with things and when they don't. Anna may know or, again, our -- I don't think that the Comp Plan, though, is probably the correct place to do that. We could put some language in there that says we want to work towards those things or wherever, but, again, really, the tool for enforcement is going to be in a different document. I don't know if that fully answers your question. I know it didn't fully answer your question, but I don't know if that helps at all or -- we could certainly explore that some more. Rountree: I would like to do that, but this is not the item, apparently, to do that. Hood: That's what I would believe anyways. I don't think this is the correct vehicle for that. Canning: President Zaremba, Mr. Rountree, I think Caleb is working on the rewrite of the Comprehensive Plan, though, and I think he will make sure to make note that we could add that working on those tools be part of the -- what we want to achieve as part of the Comprehensive Plan. So, we can work on that. Get the ball rolling. How is that, sir? Rountree: However you want to describe it. Let's just take a look at it and see if we can make them better -- better neighbors. Zaremba: Thank you. Good point. Hood: So, aside from changing some of the symbology in the legend, we also took this opportunity to work with the school district, the fire department, and the Meridian City Council April 27, 2010 Page 29 of 44 parks department to update their existing facilities on the map. So, the map now more accurately reflects, again, the park and school sites. The parks commission did comment on their desire to designate a couple of new parks on the map, so these -- when I say new, they would be parks that aren't either in the park's action plan currently or designated on the future land use map. That was not the intent of this. We aren't trying to designate, quote, unquote, new parks. To the extent -- this exercise deals with parks. We are trying to, again, designate where parks actually were constructed, because our document is about eight or nine years old now and we thought a park was going to go here and it was actually constructed over there. So -- and, then, to kind of clean up some of those that are called for in the action plan, so this more closely represents what the action plan calls for. I do want to make one change -- or recommend one change to you tonight, that the parks commission did recommend, but the Planning and Zoning Commission did not make, because staff really didn't carry the torch on that, making the recommendation to the Planning and Zoning Commission. But there is a park called for in the action plan south of Overland Road and we have typically looked at that as being in the South Ridge project. All signs point to that park being a private park. So, what the parks commission asked us to do was to move that outside of the boundaries of the Ten Mile specific area plan, which, basically, is at the half mile location and move it somewhere closer to the intersection of Victory and Ten Mile. So I would propose that we -- again, I use add as -- in parenthesis. We are not really adding the park, we are really moving that park location from there to approximately this northeast corner of this intersection or somewhere in this general vicinity. So, that would be one -- the one change I would recommend tonight or ask you to approve of tonight for the map amendment. Associated with updating the text, the definitions of the parks in Chapter 7 and -- yeah. Chapter 7. Have also been updated. So, in 2002 when the Comp Plan was adopted, the parks department didn't even have an action plan at that point, they were still in the process of developing an action plan. So, all of the language in there is terribly outdated. So, we have given the nod to saying instead of, you know, parks is drafting this action plan, of saying go see that action plan, because it actually does exist now. do want to point out, as Anna already did, that we are beginning the process of overhauling the Comprehensive Plan as a whole document. Generally, we will be a reformatting it -- I mean it's bigger -- under the bigger umbrella of reformatting, but certainly some sections are going to have to be -- have some serious overhauls, as well as we are proposing a couple of new sections to the Comprehensive Plan. I tell you all that, because it's related to this in that, you know, the map -- we don't anticipate too many changes to the map, but certainly the text will change. We are hoping to get the text closer, though, to what it needs to be, so we can, basically, talk to you here at the end of the year about just a reformat and how it all kind of works together with this existing conditions report. I will just plug real quick, too, since I'm on this, May 11th joint workshop we will go more into details about what that is looking like for the rest of the year. So, hopefully, you all have that on your calendar. Meridian City Council April 27, 2010 Page 30 of 44 Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Caleb, just before I forget, you need to update your base map, too. All of them exclude Ten Mile interchange, so that's going to be real when you do this. Hood: Okay. So, in conjunction with the public/quasi-public specific name change that I mentioned earlier, staff is proposing to change the designation for all current and former church sites and hospitals that are currently designated public/quasi-public. The individual church slash religious institution and hospital sites, once did carry a future land use designation that most clearly -- closely represents their current zoning and is compatible with the adjoining land uses. Mr. Nary, myself, had a neighborhood meeting on December 7th. We notified all the property owners that you see on this map here. We met in this room, had some -- took some questions and everyone Ithink -- I think it was well received by most of the folks. As you can see, most of those -- we had St. Luke's as public/quasi-public, their office, which most closely represents, really, what they do out there. You can see a lot of the other -- I mean you have some churches, Capital Christian, that are office, but, again, a lot of church sites are already office. What we are running into is we had about half, if I had to guess -- half of the churches were public/quasi-public and the other half were designated either residential or office or some other zone. We are trying to be consistent in this and when somebody looks at the map they can say, okay, this isn't some type of civic or public/quasi-public use, this is something else. Is it office, maybe, maybe not, but it -- but office more closely represents -- or residential more closely represents some of those uses and the existing character of the neighborhood. So, that's what we were going after with this proposal and, again, when -- well, here is a good example, too. The frontage represents C-G, so the zoning is C-G and the backside is residential as the zoning represents. So, again, we haven't heard from any of those neighbors, so I'm assuming they are all still okay with the proposal to change their future land use map designation. I do want to clarify. It doesn't change anybody's zonings -- or the zoning of anyone's property, it just changes their future land use map designation. So, if they were to redevelop there could be some implications there for redevelopment potential. But it doesn't change zoning. We are also proposing to add the adopted land uses in the Ten Mile interchange area on the legend of the map. As you can see here in this slide -- I know it's a very busy. Before we had it graded out and you would have to go to some other document to see what the land uses were and we just decided that it would be more user friendly to just put them right on the face and you can see that they have their own legend. We thought this was the most intuitive way to kind of lay out all of the land use designations that we currently have in our toolbox in one place. So, I know it's a lot and, again, it's pretty busy, but it's all right there. So, some of the other things that have -- changes to the map that have occurred, we have taken off the sewer main line designations and Meridian City Council April 27, 2010 Page 31 of 44 the domestic well designations. I think that's on the next slide. So, here is the current way that the legend looks like. So, we are losing a lot of these things in the legend. Domestic wells. Sewer lines. All of our roadway classifications, principal, minor arterial, major collector, section line roads and interstate roadway designations, we are proposing to yank all those off for the same reason, really, that we propose to take off the sewer mainlines and the well designations. Those change and we don't keep up with those changes as well in the planning department for the future land use map. Certainly we track them, but we don't submit map amendments every time COMPASS changes an arterial roadway classification or every time our Public Works Department does a new sewer master plan. There are other documents and other maps for those, so we wanted to simplify the future land use map and really stick to the land uses and most -- those things -- those elements most directly tied to the land use. I do want to point out that the future interchange and future overpasses, though, will remain on the legend, so that base map will be changing to reflect State Highway 16, a new interchange there, as well as an over -- the overpass at Linder -- Linder Road. So, we are cleaning up the ones at Locust Grove, because that one was still in there as a future overpass. And, then, the other thing that's on this slide is over the past few years the city's area of impact has expanded out to the north and northwest, as well as to the south. So, we are proposing to extend or modify in some cases our entryway corridor designations before the city boundary was anticipated somewhere about a quarter mile south of Amity, so Meridian Road picks up a new designation. We are removing a portion where you used to be coming into Meridian generally at Eagle Road and Amity and now we're changing some of those locations, so -- again, to reflect the farthest reaches of the city limits in the future. I think I'm going to jump to the next slide, unless there is any questions on those couple of points. So, here is the proposed map. What doesn't show up on this map very well, but is proposed in the amendment to the text, is you did give a nod to the East 3rd Street extension and alignment study. That was approved this last year by resolution by the Council, so we have some text in the plan as well about that study and implementing and getting that extension through development as it comes online through downtown. I mentioned the neighborhood meeting we had on December 7th. And, again, to staffs knowledge, no opposition to removing the public/quasi- public designations for churches and hospitals or in any of the other proposed changes for the current Comp Plan amendments. If you have any questions I would be happy to answer them. Zaremba: Council, questions for staff? Bird: I have none. Rountree: Not at this time. Zaremba: Okay. I guess not. This is a public hearing. Nobody was signed up to speak, but if anybody would care to, you may come forward. I don't know if Meridian City Council April 27, 2010 Page 32 of 44 any of the other departments want to comment on this, they are welcome to. Mr. Siddoway. Siddoway: Mr. President, Members of the Council, I would just state that the Parks and Rec Commission did spend quite a bit of time going through the -- their recommendations and all but three of those recommendations have made it in. I do understand why two of them did not, but that third one that Caleb pointed out, which was relocating that park star near the intersection of Ten Mile and -- or -- yeah, Ten Mile and Victory, we would simply ask that that be added back in and we would support the proposed changes. Thank you. Any questions? Bird: I have none. Thank you. Zaremba: Okay. All right. Any other comments anybody wishes to make? Okay. Do we have any other questions or a motion to close the public hearing? Rountree: Mr. President, I move that we close the public hearing on Items 7-J and K. Bird: Second. Zaremba: We have a motion and a second to close these two public hearings. All in favor say aye. Any opposed? Motion carries unanimously. MOTION CARRIED: ALL AYES. Bird: Ready to make a motion Zaremba: Any discussion? My own personal comment is I would be in favor of including the park move to Ten Mile and Victory area. Rountree: Mr. President, I move that we approve the amendment and modification of the future land use map as presented here this evening by staff and approve the recommended relocation of the park in the Ten Mile-Overland area and incorporating the changes associated with the concurrent map amendment and adding text and other clarification as necessary. Bird: Second. Zaremba: We have a motion and a second. Madam Clerk, would you call roll. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. MOTION CARRIED: ALL AYES. Bird: Mr. President? Meridian City Council April 27, 2010 Page 33 of 44 Zaremba: Mr. Bird. Bird: Anna, you and your group did a great job. I appreciate it. Thank you. Canning: Thank you. Caleb really deserves most of the credit on this one. He worked hard to suffer through all those little details. They were very detailed. Zaremba: It clearly was a lot of work. Bird: It was one of the finest presentations that I have seen regarding comprehensive plans and stuff. Very clear. Very, very good job for your staff, Caleb, thank you. Item 8: Continued Department Reports. A. Clerks Office -Approval of 2010-2011 Beer, Wine, Liquor Renewal Applications Pending Ada County License Submittal: Whitewater Pizza and Pasta 1510 N. Eagle Rd. Beer/VUine Cottage Expressions/Miss Tami's 1031 N. Main St. BeerlVUine Rudy's Pub 8~ Grill 2310 Overland Rd. Beer/Wine St. Lukes Regional 520 S. Eagle Rd. Beer/VVine Chronic Tacos 3240 E Louise Beer Smash Burger 3223 E Louise BeerlWine (Also Pending State Approval on 4/26/2010) Zaremba: Okay. Are we ready for continued department reports? Clerk's office. Holman: President Rountree, Members of the Council, we have our annual renewal of beer, wine, and liquor applications. Most of these come through on the Consent Agenda. These are being approved on the regular agenda. We are asking for conditional approval on these, because these ones are still waiting to be approved at the county commission meeting. Their county commissioners moved their meeting to tomorrow, so had we made these folks wait another week they would have been unable to serve for a few days next week, so we are just asking that you do a conditional approval of these and -- and allow me to sign them after we receive proof of county and I think there is one that's still pending state. Bird: Mr. President? Zaremba: Mr. Bird. Meridian City Council April 27, 2010 Page 34 of 44 Bird: I would move that we approve the 2010-2011 beer, wine, and liquor renewals for Whitewater Pizza and Pasta, Cottage Expressions/Miss Tami's, Rudy's Pub and Grill, St. Luke's regional, Chronic Tacos, Smash Burger upon the approval of the license from Ada County or the state of Idaho and to allow the City Clerk to sign off. Rountree: Second. Zaremba: I have a motion and a second. I believe this is a roll call. Nary: Mr. President? Mr. President, it is a roll call vote. But, Mr. Bird, if I could clarify. You said the state or the county and they need both. Bird: No. State and county. Nary: State and county. Nary: State and county. Bird: But only one is waiting for state. Nary: Correct. I just wanted to make sure that was what you intended. Bird: Yeah. Oh, yeah, they have to have both of them. Zaremba: With that clarification, Madam Clerk, roll call. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All ayes. That motion carries. MOTION CARRIED: ALL AYES. B: Public Works Department 1. Verbal Request from Ron Carroll, at 1822 E. Bluetick Street, to Connect a Private Well to his house as an Alternative Water Source Zaremba: All right. Now, we are to the Public Works Department and Item 1 has been requested to continue to May 4. 2. Budget Amendment for $400,000.00 for Sludge Piping and Centrate Tank Improvements Meridian City Council April 27, 2010 Page 35 of 44 3. Budget Amendment for $400,000.00 for Reallocation of Funds from Capital Outlay -Land to Sewer Line for Extensions 4. Budget Amendment for $150,000.00, Reallocation of Funds from Waste Water Treatment Plant (WWTP) Clarifier to Turbo Blowers and Aeration Basin Air Efficiency Improvements 5. Line Item Reallocation of Funds from Sewer Line Extensions to Downtown Urban Renewal in the amount of $260,000.00 Zaremba: So, we will proceed right on to Item 2. Dolsby: President Zaremba, Members of the Council, I have four separate budget amendments to present to you. I wanted to let you know, first of all, that all four amendments will result in no net increase to the FY-2010 budget. So, I'm going to go through and describe each of the amendments in a little bit of detail and, then, I will take any questions you have on them after I'm through. So, the first one is a budget amendment for 400,000 dollars for the sludge piping and centrate tank improvements project at the wastewater plant. This one is an amendment to transfer funds from the bio augmentation project that was approved in the FY-10 budget, to this other project and the other project is more of a high priority project that we wanted to get done this fiscal year and we have done that through the postponement of the bio augmentation project to fiscal year '12 and fiscal '13. The second budget amendment is fora 400,000 dollar reallocation of funds from the capital outlay land, which was for the ground water reservoir to sewer line extensions. This one is accomplished through a cost savings that we realized when we were acquiring land for the reservoir a few months ago, we didn't spend nearly as much as we had budgeted, so we saw this as an opportunity to construct the trunk sewer that will connect the Black Cat lift station to the remainder of south Meridian or much of south Meridian and it will eliminate the need for optic lift stations and alleviate the capacity requirements -- or the capacity restrictions that we have been under down in south Meridian for the past couple of years. We expected development to build this sewer, but since the economy has slowed, it hasn't happened, but we will recoup much of the funds that we are putting out for the sewer in reimbursement and -- as development does come in. So, the third budget amendment is -- is for a transfer of 150,000 from a primary clarifier and fermentation project to turbo blowers or aeration basin efficiency improvements at the wastewater treatment plant. The planning department acquired a 175,000 dollar grant through Department of Energy that was approved a few months ago at City Council and also Public Works has worked with Idaho Power and we have estimated about a 110,000 dollar grant for this project and that, coupled with the funding that we are requesting today, will fund the project that will install turbo blowers and make Meridian City Council April 27, 2010 Page 36 of 44 some other improvements at the wastewater plant that are estimated to save in excess of 400 -- 4,000 dollars a month, which equates to pay back in just a couple years for this project. The last one is a line item reallocation of funds from sewer line extensions to downtown urban renewal. Public Works Department has a project to replace water line on Broadway Avenue. Also, the downtown sewer study identified a project on Broadway as well that we can work in conjunction with the waterline project, save quite a bit of money if we do these projects together and a pavement replacements and pavement restorations, so we wanted to have the opportunity to do that project this year in conjunction with the Broadway water line project. So, with that I would stand for any questions. Zaremba: Council, any questions? Bird: I have none. Zaremba: I believe we -- Rountree: Mr. President, just -- on the first one, the transfer of money from the project to the sludge piping, if we are letting that project slip a couple years, is it really something that we want to pursue or -- Dolsby: It's something that we are going to want to pursue to reduce the nutrient loadings at the wastewater plant, but right now we don't specifically have a need for that reduction, but we are going to need it in the future. Like, for instance, it will cut down some of the nitrogen loading, which could allow us to go -- it will take one of the steps in order for us to go like use reclaimed water on a golf course or -- Rountree: Okay. Dolsby: But as part of that program we are also going to have to do some other improvements at the plant to -- to finish getting to the level that we need to on those nutrients, such as nitrogen and phosphorus. It will also bump up the capacity of the wastewater plant, which we have enough capacity right at the moment, but in a few years it will be nice to get a little bump on that as well. Rountree: Thank you. Zaremba: Mr. Bird? Bird: Mr. President, seeing how you are the liaison and you're running the meeting, I will make the motion for you. Zaremba: Thank you. Meridian City Council April 27, 2010 Page 37 of 44 Bird: I would move that we approve the budget amendment as stated in two, three, four and five, by Kyle -- or not Kyle. Clint. And that's it. Rountree: Second. Zaremba: All right. We have a motion and a second to approve these four amendments. I believe that's also a roll call. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All ayes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. C. Planning Department: Discussion of Dirt Removal vs. Mining Zaremba: Item C is a discussion from the Planning Department. Canning: Thank you, Mr. President, Members of the Council. I realize there was not a brief on this item in your packet. I did want to let you know it's a fairly simple concept and I'm not asking for any final approvals tonight, just some idea on where to go. The issue tonight -- well, just as background, you know we have this recurring problem with temporary uses that we haven't anticipated that our code doesn't deal with very well. We have dealt with them on a number of occasions and, for the most part, we have got them under control with the stuff that the -- we have done for the clerks. The outdoor vendors and temporary uses. But every once in a while one still comes up. The UDC still allows for construction activities of temporary uses and school activities as temporary uses. So, under the latter category, under construction, we have allowed folks to move dirt around as they please on their site. We affectionately call it recreational dirt moving and we have always allowed that without a grading permit within the city. We had one instance where that has gone beyond the typical earthmoving and is really a mining operation. So, it came to me to interpret the UDC as to what activity was going on there and my conclusion was that it's, indeed, a mining operation and mining operations are not allowed in the city. So, that we requested that this individual stop those activities and they have. The last I heard they have, so -- but as -- after I made that interpretation I was informed that this happens all the time, not to the scale in any certainty, but that folks move dirt around town without really thinking about it. They have got a little extra dirt at Gramercy, they move it over to Tuscany, because it's the same owner and he's just moving his resources from one place to another. So, now I'm kind of in this area where I have to make a decision on what to do with this knowledge now that I have it. So, I see that there is kind of four options for me and I would like some direction from you all on to which one or which ones you would like me to pursue. So, the first option would be to not change the code and just -- and to Meridian City Council April 27, 2010 Page 38 of 44 enforce incidental removal of material throughout the city. So, every time we see a truck full of dirt leaving a site to -- if enforcement catches them, they cite them for an illegal operation. Personally, I don't really favor this -- going toward this activity. I don't believe it's in the best interest of the city to start enforcement proceedings, if they are just hauling one load of top soil from one to another, but it is an option. Second option, we could not change the code and not enforce the incidental movement of material from one place to another, just kind of let it operate the same as it has. Again, we have really never had a problem, except for this one activity. However, as we go further south, especially in the Ten Mile area, we are getting into some terrain where there is a lot of dips and valleys and there may be more people wanting to move vast quantities of dirt around. So, as we -- we get into that area it may be more of a problem in the future. This may be an acceptable alternative. Like I said, it hasn't been a problem, except for this one occurring today. The third option would be to require a grading permit and, then, grant approval based on that grading permit. Right now we don't require grading permits. If we did we could tie the extraction activity to that permit. We could also set some different thresholds or set a threshold for when it exceeds just a grading permit and becomes a mining activity. So, we could -- the easiest way to do that would be time. If you're going to take more than six months to grade this site it's a mining operation and you need a Conditional Use Permit to collect it. Something along that line. We could also do based on how much materials you're moving off. We should know that from the grading permit. So, those would be a couple options under that third one. And, then, the fourth is just to change our code to require condition use approval to move any material off the site. This is very similar to Item No. 1. And, again, I don't necessarily think it's in the best interest of the city. So, there is four fairly simple options. If you have thoughts on what -- where you might want me to proceed, I would appreciate anything you can let me know at this point. Zaremba: Council? Hoaglun: Mr. President, question for Anna. Zaremba: Mr. Hoaglun. Hoaglun: What -- we know that removal of topsoil and moving it from site to site is a normal occurrence for many and I guess I want to find out from you what -- what made you realize what was going on was not normal, to help me kind of see what is it that -- how long, how much -- I mean what was the tipping point to also realize that's not a normal movement of material from one site to another? Canning: The activity has been going on for several months, to say the least. It's probably -- since construction of Ten Mile began, if not before. There was scales at the site. There were trucks from multiple haul companies -- well, there was only one hauling company coming to this particular site. There was others just going to the other side of the street. Enforcement followed some of those haul Meridian City Council April 27, 2010 Page 39 of 44 trucks and they did -- they actually went into Canyon county and came back and came back around to the north side of the freeway. So, it was, obviously, much more than just hauling one load of top soil somewhere. Hoaglun: So, Mr. President, to follow up, it sounds like a length of time and actual setup as a commercial operation it sounds like, so -- Canning: We were informed that it wasn't being sold, it was -- it was being moved -- instead of having to pay someone to level the site, they were exchanging the material that were being removed for the work for the bartering. Hoaglun: But it wasn't to another one of their sites like we commonly see. Canning: No. Hoaglun: Or the example you gave, so -- Canning: Yeah. Hoaglun: Okay. Thank you. Zaremba: I would comment that options one and two aren't very attractive to me. Two, I think you said, was don't change the rules, just ignore when somebody is violating them and that's -- Canning: I don't think I used the word ignore, sir, but, yes. Zaremba: Perhaps you didn't. That's kind of the way I heard it. That never appeals to me. If the rule doesn't fit, I'm up to changing rules. Some combination of three and four sounds more right to me and in thinking about this, when we see plats they don't generally have any kind of terrain information on them and in the consideration of the Planning and Zoning Commission or to the Council, we may not be aware when we approve something that it's going to mean moving a great deal of dirt around just to accomplish what we thought we were looking at. I think I would like to see, in addition to some combination of your options three and four, also a redefinition of mining. To me as a layman mining is the extraction of some precious material that may involve moving other stuff around to get at it, but -- and depending on your definition of precious, it could be diamonds or it could be stones that people want or it could be coal or something. But to me if -- if the original purpose is grading in order to change the contour of the land, I -- I don't think that should fall under mining and if it does, then, I would try and change the definition of mining. But I -- your third option was the most appealing to me in resolving the issue that we're talking about. The other question I would have is if it's a project where they need to move a lot of dirt in order to get to their eventual grading, do we have -- what would it be, soil engineers or geological engineers that -- that would go out -- before we would Meridian City Council April 27, 2010 Page 40 of 44 give a permit for it, somebody has to go say is this even possible or what are you going to run into or are you going to breach an aquifer, depending on how deep you go? Do we have ways to check any of those things before we would give an approval? Canning: I will have many discussions, I'm sure, with Bruce's group and with Warren's group on how to go about this grading permit and who we have that could evaluate it. So, I will certainly find that detail for you. Again, tonight was just -- tell me which way to go and I will come back with the details, so -- but that's great. Thank you for giving me a couple great things to follow up on. Zaremba: I don't want to be the only one that suggests, but -- Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I struggle with the concept of a permit, because, then, you start getting into enforcement and plan review and that sort of thing. I think our intent here is not have random material sources crop up in the city and become a nuisance and become a hazard to neighbors and to me that boils down to timing and volume and hours of work and those kinds of things that could be part of the -- could be an ordinance as it relates to general grading. Any project that is of any consequence needs a stormwater pollution plan. That's another requirement, it's not a city requirement, but it's a requirement imposed on anybody that going to move dirt or disturb the ground. Also, if you're going to be extracting material and to Councilman Zaremba's point, in this valley gravel is a huge commodity and good gravel is hard to find. So, when you find good material people will find a use for it. So, if that's the case and it gets hauled off site, I think that falls under the definition of mining, whether it's bartered or sold or whenever, and the Department of Lands gets involved and a permit has to be provided by Department of Lands and a reclamation plan has to be in place. So, there is a lot of things there that the city could incorporate into this process that is not an extra burden on the developer, but will be pointing out to the developer that you ought to .get this stuff done or somebody else is going to cite you and fine you fairly heavily, particularly the EPA, if you don't have your stormwater taken care of, as opposed to the city creating yet another permitting process that you provide us this information based on timing, based on volumes of material you anticipate moving, and maybe have it set up in ranges of how many acres and how many anticipated tons of material you might be moving around and if you're going to be moving material off site. So, to me it's a tough nut to crack, but there is a lot of stuff that these folks have to do anyway that I think would -- could be reviewed by the city and said, yeah, administrative approval is, but you -- you don't work before 7:00 and you don't work after 8:00 and you -- you haul your loads covered and you have in place a state permit and you have in place Meridian City Council April 27, 2010 Page 41 of 44 your stormwater stuff and, oh, by the way, you're going to be done in three months or four months or whenever it is. Canning: President Zaremba, can Task afollow-up for Mr. Rountree? Zaremba: Yes. Canning: So -- and if they can't -- I'm liking that idea and I'll run with that one also. I'm hearing a couple different avenues here right now, so -- but on that one if they can't meet the standards, say they need to work for 12 months, do you object to conditional use approval or would you like for a permit to kick in there? What's -- what's the alternative that they can't meet or do they just need to meet it? Rountree: Mr. President, I wouldn't mind the conditional use process, because to me, again, the issue we will be addressing is public comment and public concern. You know, if this is -- this is out in the middle of nowhere it's not an issue, but we know the site we are talking about and we have had neighbors in here a number of times saying we were promised this and this is .going on. And, really, we have -- we have no -- as you say, we, basically, have no authority over this .activity, because we don't have anything that addresses grading, particularly in massive quantities. Canning: Those are great comments. Thank you. Anything else? Zaremba: Mr. Hoaglun. Hoaglun: I wanted to add something, Mr. President and Anna. I guess we may have to define what is normal. You know, earlier tonight we talked -- a gentleman went over the proposal of what they're looking at and we know that when they start going to put in the roads they are going to be pulling out that dirt and that's a normal part of the operation and that particular site, that's great farmland, there is great top soil there, they're not going to be just dumping that, that has a value to them. But that's all within the normal course of their operations of building those roads and doing what needs to be done to -- to build that development and that is normal and, then, that's when I questioned you earlier, okay, what goes beyond normal and once we hit that part, then, I would like Councilman Rountree's idea about tying it to other things. That's where we kind of have to design the rules and say, okay, this is outside the bounds of a normal removal to put in a development and it might be as we go into more hilly terrain there is going to be more significant grading, but, again, there is an area of normal grading versus resource extraction and it can be a fine line, but I'm sure you'll find it. Canning: I will endeavor. Meridian City Council April 27, 2010 Page 42 of 44 Zaremba: Well -- and I might suggest -- I agree with everything that's been said. But there may be a way to suggest a line, whether you call that the normal or not, up to which it would be director approval, beyond which it would be a CUP or some other Council approval. Whether that's based on size or volume or whenever, I would be open to whatever suggestion comes out. Canning: Great. Thank you, again. You guys have given me a lot of good ideas on where to head. I really appreciate it. D. Police Department: Budget Amendment for Spending Authority of Grant Funds for aNot-to-Exceed Amount of $38,320.00 Zaremba: Thank you. Appreciate your work on it. Okay. Next is Item D. Police Department budget amendment. How did you end up being last? Lavey: Mr. President, Council, I didn't even know it was on the agenda, but it's a good thing I know what it's about. I am told by Finance that this is merely a paper trail formality and that it is grant funds that we have already received to the city, giving us the spending authority to move those grand funds into our budget and that no city funds will be used on that and, then, the cap at 38,320 is the dollar amount that we have in grant funds and that's for the antidrug campaigns that we do. Zaremba: Council, any questions? Bird: I have none. Rountree: I have none. Mr. Zaremba. Mr. President. Zaremba: Mr. Rountree. Rountree: Kudos to the police department. It went through the appropriate process. I've already approved it as the liaison and I would make a motion that the Council approve his budget amendment. Bird: Second. Zaremba: I have a motion and a second. I believe this is also a roll call. Madam Clerk. Roll-Call: Bird, aye; Rountree, aye; Zaremba, aye; Hoaglun, aye. Zaremba: All eyes. Motion carries. Thank you. MOTION CARRIED: ALL AYES. Meridian City Council April 27, 2010 Page 43 of 44 Bird: Mr. President, before we adjourn -- and I see we are done with our deal. We got a young lady sitting out there that was the recipient of one of our first scholarships, I believe. Am I right? And has used it very well. I believe -- Ms. Ingersoll, do you want to come up and explain what you have done since you got that? Zaremba: I'm sorry we didn't know that sooner, we would have had you speak when there was more audience here. Ingersoll: No. That's just fine. Zaremba: Please introduce yourself. Ingersoll: Oh. I'm Jessica Ingersoll. Zaremba: Thank you. Ingersoll: Do I need to say my address as well? Rountree: No. Ingersoll: I, actually, attend Brigham Young University and I'm in -- just finished my junior year and I'm doing political science. So, I'm, hopefully, going to be putting it to good use. So, I appreciate it very much. Thank you. Bird: She also was a member of the Meridian Youth -- Ingersoll: The Mayor's Youth Advisor Council. Yes. Bird: Very good. Rountree: Thanks for staying the evening. Ingersoll: Thank you. It's been great. Bird: Thank you, Jessica. Ingersoll: Thanks. Zaremba: Great. Thank you. Hoaglun: Only a political science major would say one of these meetings was great. I like that. Canning: That or a planning student. Meridian City Council April 27, 2010 Page 44 of 44 Item 9: Items Moved From Consent Agenda. Zaremba: Okay. Item 9. We had no item moved from the Consent Agenda and there is no Item 10. So, gentlemen? Bird: I move we adjourn. Rountree: Second. Zaremba: We have a motion and a second. All in favor say aye. That motion carries. MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MEETING ADJOURNED AT 8:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~ ~ ~ 5 ~a~ ~~o TAMM D WEERD, MAYOR DATE APPROVED JAYCEE HOLMAN, CITY CLERK REAL o~ e ,,~ ,,,, ~oQ ~,,, q ~''~~,,~UNT ~ `; `~~~~~`~