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HomeMy WebLinkAbout2010 12-07Meridian City Council Meeting December 7 2010 A Council meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, December 7, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President David Zaremba, Charlie Rountree, Brad Hoaglun and Keith Bird. Others Present: Jacy Jones, Bill Nary, Anna Canning, Bill Parsons, Sonya Watters, Steve Siddoway, Joe Silva, Jeff Lavey, Warren Stewart, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd de Weerd: Thank you for your patience. We will go ahead and get right into our regular meeting. It is, for the record, Tuesday, December 7th. It's a few minutes after 7:00. We will start tonight's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance de Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church de Weerd: Item No. 3 is our community invocation. Is Pastor Moore here? There he is. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor Moore, thank you for being here. Moore: Thank you. Father God, we are privileged, it's often when we pause to talk to you that we put our lives in perspective and realize that. I'm grateful to be a citizen of this community and all the blessings that go with that. Father, I pray tonight for this meeting, that it would have purpose and the purpose of meeting the needs and improving the life in our community. Father, these are folks that have to make difficult decisions and they are in public view and the decisions they make aren't even always ones they want to make and we thank you for the courage and you said ask for wisdom, so we are asking for wisdom on their parts this very night and for these specific decisions. Thank you in this season when we are awaiting the arrival of our Lord Jesus again into our lives and the ultimate sacrifice that he made. Thank you for these who Meridian City Council December 7, 2010 Page 2 of 50 follow that model and sacrifice for our community. Grateful for those public servants that serve to protect us and to make our water faucets work and our -- just all kinds of services, our parks and everything, God. There is so many dimensions to being in a community. So, we pay for all these that serve as well. God, our lives are good and we live in a humane nation that even has programs and legislation for those that have less and I pray for that to continue, for us to each do our part, in the name of Christ we pray for this meeting tonight, amen. de Weerd: Thank you for being with us tonight. Have a Merry Christmas Moore: You, too. All of you. Item 4: Adoption of the Agenda de Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under our Consent Agenda, Item 5-P, that resolution is number 10-757. Under Action Items, 7-B, that resolution number, if we move forward with the fee schedule from 7-A, under 7-B that resolution number would be 10-758. And under Item 9-A, Ordinances, that ordinance number is 10-1467. And with those, Madam Mayor, I move adoption of tonight's agenda. Zaremba: Second. de Weerd: A motion and a second to adopt the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of November 16, 2010 City Council Regular Meeting B. Approve Minutes of November 23, 2010 Pre-Council Meeting C. Approve Minutes of November 23, 2010 City Council Regular Meeting D. Approve Minutes of November 30, 2010 Pre-Council Meeting E. Approval of New Liquor License for The Limelight LLC, dba Meridian City Council December 7, 2010 Page 3 of 50 Limelight located at 3575 E. Copper Point Dr. F. Approval of Street Light Maintenance Agreement with Traditions by AMYX II for Zebulon Heights #3 Subdivision G. Award of Bid to Vermeer Rocky Mountain Inc. for Portable Vacuum Excavator Purchase for aNot-to-Exceed Amount of $51,500.00 and Approval of the Purchasing Manager to Sign the Purchasing Order H. Water Line Easements for ICON Credit Union #APP2010 - 171 - 3195 N. Linder Road I. Task Order with Keller Associates, Inc. (Master Agreement Category of Water Supply and Distribution Replacement Design Dated 5-7-2010) for the Design of a Water Line Replacement-West Carlton/N. West Washington Project for a Not-To-Exceed Amount of $54,965.00 J. Task Order #10192a for Secondary Clarifier Retrofit Design and SDC with Brown and Caldwell for aNot-To-Exceed Amount of $133,404.00 K. Task Order #10160 for the Wastewater Treatment Plant Tertiary Filters Building Design and Construction Services with CH2M Hill, Pursuant to the Master Agreement Dated April 13, 2010 for a Not-To-Exceed Amount of $175,150.00 L. Order of Conditional Approval of Final Plat TE 10-029 Bainbridge Subdivision by Brighton Investments, LLC Located West Side of N. Ten Mile Road, Approximately 1/3 Mile South of W. Chinden Boulevard Request: Two (2) Year Time Extension to Obtain the City Engineer's Signature on the Final Plat M. Findings of Fact, Conclusions of Law for Approval: RZ 10-003 Police Department Rezone by City of Meridian Planning Department Located at 1401 E. Watertower Street (Lot 8, Block 2, Murdoch Subdivision No. 2) Request: Rezone of 9.33 Acres From R-8 (Medium-Density Residential) to C-G (General Retail and Service Commercial District) Zone N. Findings of Fact, Conclusions of Law for Approval: MDA 10- 007 Police Department Rezone by City of Meridian Planning Department Located 1401 E. Watertower Street (Lot 8, Block 2 of Murdoch Subdivision No. 2) Request: Repeal the Recorded Meridian City Council December 7, 2010 Page 4 of 50 Development Agreement (Instrument #100040596) Required with the Annexation of the Stratford Business Park (aka Murdoch Subdivision No. 2) O. Development Agreement for Approval: AZ 09-008 Meridian Crossing by James Zeiter located at 1085 S. Ten Mile Road: Request for Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District P. Resolution No. 10-757:. A Resolution of the Mayor and the City Council of the City of Meridian Approving the Initial Bylaws of the Meridian Solid Waste Advisory Commission de Weerd: Item 5 is our Consent Agenda. Hoaglun: And Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: On our Consent Agenda, again, Item 5-P is resolution number 10-757 and with that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. de Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda de Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items. A. Public Hearing: Proposed Winter 2010-2011 Fee Schedule of the Meridian Parks & Recreation Department Meridian City Council December 7, 2010 Page 5 of 50 de Weerd: So, we will move into Action Items under No. 7, first with Item A, our public hearing on the proposed winter 2010 and 2011 fee schedule. I will ask Allison to come up and introduce this item. Kaptein: Good evening, Madam Mayor and Members of the Council. I -- as you mentioned, I'm here to present to you the changes to our fee schedule. I believe you all received our entire fee schedule in your agenda and if you scroll to page five with the highlighted yellow area that I will now have up on your screen -- maybe. Do I need to do something on this? There we go. Can you see that all right or would you like me to zoom in a little bit? Okay. Thank you, Steve. These are the changes that we have for the upcoming season, which will be January through mid May. You can see that there are three changes to current classes and, then, the rest are new classes that we will be having. So, I will stand for any questions. de Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor. Allison, just a quick question. We have got a lot of fees out there, lots of activities, which is wonderful for our residents, but -- and just these three, what was the reason for these three? Kaptein: Yeah. The -- Councilman Hoaglun, these are classes that are -- the price is set by the instructor and these three you see are exercise classes and so the -- our exercise classes have gained a lot of popularity and the instructors are wanting to make it so they can charge more for when there is five weeks in a month. So, if there is five Wednesdays they want to up their price of classes every Wednesday. Hoaglun: Okay. Thank you. de Weerd: Okay. Any further questions? Mr. Zaremba. Zaremba: Not a question. Just looks like a bunch of exciting activities. How cool. Kaptein: Well, you're all welcome anytime. de Weerd: Thank you. Kaptein: And so I know that the resolution is the next -- de Weerd: We will first see if there is anyone here in the public who would like to present testimony. Is there any members of our public who would like to comment on this item? Okay. Seeing none, we will go ahead and move, then, to close the public hearing if Council doesn't need any further information. Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Meridian City Council December 7, 2010 Page 6 of 50 Hoaglun: I move that we close the public hearing on the proposed 2010-2011 fee schedule for Meridian Parks and Recreation. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 10-758: A Resolution Adopting the Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing and Effective Date Hoaglun: Madam Mayor? de Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 10-758 to set the fee schedule for Meridian Parks and Recreation Department. Bird: Second. de Weerd: Okay. I have a motion and second to approve Item 7-B. Council, any questions on this item? Rountree: I have none. de Weerd: Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you, Allison. Kaptein: Thank you. C. Public Hearing: RZ 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Rezone of 16.12 Acres from the C-N (Neighborhood Business) to the C-C (Community Meridian City Council December 7, 2010 Page 7 of 50 Business) Zoning District D. Public Hearing: PP 10-006 Somerton Subdivision by Overland 16, LLC Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Preliminary Plat Approval of 5 Building Lots on 13.19 Acres E. Public Hearing: CUP 10-011 Fast Eddy's Chevron Convenience Store by ST Investments Located Southeast Corner of E. Overland Road and S. Locust Grove Road Request: Conditional Use Permit Approval of a Convenience Store, Fuel Sales Facility, Vehicle Washing Facility, Quick Lube and Drive Thru in a Proposed C-C Zoning District de Weerd: Okay. The next item under 7-C and 7-D is a public hearing on RZ 10-006 and PP 10-006. I will open these two public hearings with staff comments. Wafters: Thank you, Madam Mayor and Members of the Council. Give me just one moment here to get the presentation up. de Weerd: Council, I will also open Item 7-E under CUP 10-011 as well. Wafters: Thank you, Madam Mayor. The first application before you is a rezone of 16.12 acres of land from C-N, Neighborhood Business District, to the C-C, Community Business District. There are two separate applicants on these three applications tonight, just to note. The rezone and preliminary plat are under Overland, LLC -- excuse me -- Overland 16, LLC, and the Conditional Use Permit is under ST Investments. So, there will be two separate applicants speaking tonight. de Weerd: Okay. Wafters: The next application is a preliminary plat, consisting of five building lots on 13.19 acres of land for Summerton Subdivision and a Conditional Use Permit for the development of a convenience store, fuel sales facility with 16 pumping stations, a vehicle washing facility, quick tube, and drive-thru in a proposed C-C zoning district for Fast Eddy's on the two northern lots consisting of 3.83 acres. The overall site consists of 13.19 acres and is currently zoned C-N and located on the southeast corner of Overland and Locust Grove. All of the proposed uses are principally permitted in the proposed C-C zoning district, except for the drive-thru use, which requires Conditional Use Permit approval. The development agreement currently in effect requires conditional use approval of all future uses and development on the site. Therefore, the Conditional Use Permit is for approval of fhe entire Fast Eddy's development, not only the drive-thru. This is the proposed preliminary plat and proposed landscape plan. Access to the site is proposed via one full access to Locust Grove. Right here. In alignment with Peacock Street on the west side of Locust Grove, approximately 545 feet south of the Locust Grove-Overland intersection. One right-in, right-out access right Meridian City Council December 7, 2010 Page 8 of 50 here via Overland Road, approximately 250 feet east of the intersection with aright-turn lane, and one full access via Overland approximately 470 feet east of the intersection. And that is -- you can see it a little better on the landscape plan here. And, then, one full access via Puffin, which is right down here at the south boundary of the site. The Unified Development Code requires access to be taken from a local street where available, but allows Council to waive this requirement if they deem appropriate. Based on this requirement, staff has included a development agreement provision that access to the site be provided via Puffin. The applicant does request a waiver from Council for the proposed accesses to the site by Overland and Locust Grove Roads. The Ada County Highway District report indicates approval of the proposed access points as proposed by the applicant. And just to note, a final plat application has been submitted for the two northern lots where Fast Eddy's is proposed and is scheduled on tonight's hearing to be heard after these items. The Commission recommended approval of the subject applications at their November 4th public hearing. Summary of the Commission public hearing. Becky McKay testified in favor, along with Steve Eddy, Greg Johnson, Taylor Merrill. No one testified in opposition. Michael Wells commented. Becky McKay submitted written testimony in response to the staff report. Key issues of discussion by the Commission are the width of the drive aisle between gas pumps, traffic congestion in the general area, and future improvements to Locust Grove and access to the site via Locust Grove and Overland Roads as proposed. There were no changes to the staff recommendation by the Commission. Written testimony since the Commission hearing has been received from Bruce and Edith Waite and Eugene and Jerry Vertell. Summary just basically in opposition due to increase in traffic, decrease in home values, and three other fuel facilities located in -- within a mile of the subject property. Outstanding issues for the Council. The applicant requests a waiver to Unified Development Code 11-3A-3, which requires access to be taken from a local street, East Puffin, to allow the access points proposed on the plat. And, then, just to note if the Council approves the waiver, development agreement provision 1.1.2B needs to be modified accordingly. This is the site plan proposed for the Fast Eddy's site. The convenience store is here on the right. Fuel facility here and car wash, oil change facility, and detail shop there. This is the proposed landscape plan. And the proposed building elevations for the convenience store. Staff has already reviewed the convenience store and the fuel canopy for compliance with design standards and they have been approved for design review. Color pictures just represent the colors that will be on the canopy. And that's all staff has, if the Council has questions. de Weerd: Thank you. Council, any questions at this point? Bird: No. Rountree: Not right now. de Weerd: Okay. Would the applicant like to comment? If you will, please, state your name and address for the record. McKay: Becky McKay, Engineering Solutions, 1029 North Rosario, Meridian. Meridian City Council December 7, 2010 Page 9 of 50 de Weerd: Thank you. McKay: Thank you, Madam Mayor, Members of the Council. I'm representing the applicant for the rezone and the preliminary plat and the final plat, Overland, LLC. Tonight we are going to do kind of a two-step presentation. I will go ahead and present some of the basic information on the particular project and Mr. Eddy is here this evening and he would like to address some of the more specific issues related to his facility and the Conditional Use Permit. So, I will turn the podium over to him once I'm finished. To kind of give the Council a little background on this property, I was involved in it -- I think it's been ten years ago when I worked on Resolution Park, which part of that facility -- or that development was Mountain View High School, the offices, the multi-family portion. At the time we did not have a development plan for this corner parcel, yet we wanted it to be annexed and zoned into the city, so at that time we asked for a C-N zone, which is your neighborhood business zone. It was reasonable. Made sense. And staff agreed that at some point in time a development plan would come in on it as a Conditional Use Permit. Well, since -- since that time, obviously, a lot of things have changed out in that area. Back in 2002 Ada County Highway District came to Mr. Johnson, purchased right -- additional right of way to rebuild that -- that Locust Grove-Overland intersection to accommodate the new overpass for Locust Grove Road and during the negotiations and when the purchase agreement was written up there were two approaches to Overland Road that were agreed upon. The station points were specified in one of the documents. There was also an access identified onto Locust Grove and with the highway project ACHD installed those approaches. Then, obviously, the overpass, you know, went, everything got built up, and this whole character of this area has since changed. Ten years ago it was predominately residential. My client had in mind that when the overpass went through that this would develop as a commercial site. At that time ten years ago they thought it would be a grocery store, that it would be a perfect site for that. Well, that never transpired and, obviously, they have come up with what think is probably a superior use for that particular site and that's what's before you this evening. We have been working with the highway district for months. We submitted a traffic study. They reviewed it. We provided quite a bit of additional information above and beyond your normal traffic study. We ended up coming to an agreement that we would close the access to Locust Grove that is closest to the intersection and is no longer in compliance with ACRD policy as far as offset from that intersection. We agreed that we would relocate the right-in, right-out access further to the east, bringing it into compliance, and we would relocate the full access on Overland further west, exceeding what the policy manual dictates as far as 440 foot offset. We will be at 470 feet. We have Puffin Street along the south boundary. The primary function of that -- were involved in the -- in the negotiations of the design for that. It was, basically, done out of necessary. Meridian School District came to Mr. Johnson and said, you know, could you, please, provide us with right of way, we would work with you, participate in some of the construction costs to, obviously, create a secondary outlet to Mountain View High School and take some of the pressure off the signal at Overland Road and the cut-through problems that were around in the adjoining subdivisions. So, Mr. Johnson did work with them and, like I said, it was successful, I think it works great. We Meridian City Council December 7, 2010 Page 10 of 50 are here tonight asking for the rezone from the C-N to the C-C for the purpose of the operational hours. The neighborhood business has certain limitations on hours of operation that the community business does not. In your Comprehensive Plan this is designated as commercial, so what we are requesting is in compliance the comp plan and at the time we asked for the C-N, as I indicated, we didn't have anything specific in mind and now that we do we need to change that particular zone. The preliminary plat that's before you is five lots. The two up front will accommodate the convenience store, the quick tube, the car wash. They have provided all of the required buffers around the exterior. We have been working with the highway district on sidewalk locations and looking at them possibly accelerating their plan to add a turn lane to that particular intersection would be the -- a free right lane northbound on Locust Grove, which would add some additional capacity. Their sewer -- central sewer-water on Locust Grove and Overland will be hooking into a regional lift station or a pump station for Nampa- Meridian Irrigation District. We will be providing all kinds of cross-access through this site in between each lot. We have got a number of cross-accesses that will create the interconnectivity, that will, obviously, we think cut down on the trips along the exterior and the perimeter. There is an existing cross-access easement to the east, hooking into the offices where Corey Barton's office is. We will be reciprocating that and giving a cross-access into this particular site. We worked a long time to get everything, so that it is in compliance and we ask the Council for one thing and that is a waiver, obviously, for those approaches, the right-in, right-out, the full access to Overland and, then, we also have an access in alignment with Peacock Street, which would be a full access. The highway district has approved those locations. We have worked closely with their design staff on our decel lane that we will be creating along Overland, so as cars come through the Overland intersection we will have what we call a slot lane where they will get out of the traffic, they won't impede the intersection, and they will be able to make a free right into the site. One of the questions that came up at the Planning and Zoning Commission on the right-in, right-out, would there be some type of a median that would be installed and the answer to that question for the Council is, yes, the highway district is requiring some type of a median, so people don't cheat like they do with the pork chops on Eagle Road. Do you have any questions? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Becky, early on you made the comment that the Overland access would be moved further to the west, but you meant to the east? McKay: East. Yes, sir. East. Sorry. Rountree: Almost to the -- McKay: I meant to say the westerly access moving to the east. Rountree: Almost to the eastern property boundary. Meridian City Council December 7, 2010 Page 11 of 50 McKay: Yes, sir. Rountree: Okay. McKay: The full access will be close to the east boundary. Rountree: Yeah. McKay: And, then, we would have aright-in, right-out. Rountree: Thank you. de Weerd: Council, any other questions? Bird: I have none. de Weerd: Okay. Thank you. McKay: Thank you, Madam Mayor. Mr. Eddy will come up and -- de Weerd: If you will, please, state your name and address for the record. Eddy: Steve Eddy. 770 West Ustick, Meridian, Idaho. de Weerd: Thank you. Eddy: Thank you, Madam Mayor and Members of the Council. If Sonya could put up the site plan of the site itself. I think the biggest thing we wanted to go over is when we laid the site plan out we tried to take a lot of time and think of what the neighbors would want in the area and we moved the C store further to the east and put the car wash use more towards the corner, which I would say abuts residential and that car wash will be a use that closes at a reasonable hour and that's a fairly large building, so that will buffer any canopy lights, it will buffer any congestion from the C store I think all the time, day and night. As Becky said, the access to Locust Grove, you know, we -- when we laid this out we moved the car wash to the corner, so we could move -- or eliminate the access on Locust Grove that was too close to the intersection. ACHD, you know, has been I think pretty willing to work with us and excited about the process and how we laid the site out and agreeing to approve the access points as they are drawn and I think, you know, this site makes a lot of sense on this side of the freeway -- on the south side of the freeway there is no services like this to this capacity and I think, you know, ultimately we -- we want to be there and we think we have laid it out right, we think we followed the neighbors and we thought of everybody to do the best possible job. And I think that's all I have, other than if you have any questions. de Weerd: Mr. Hoaglun. Meridian City Council December 7, 2010 Page 12 of 50 Hoaglun: Madam Mayor, a quick question on Ustick Road -- You know, looking at -- you have the one Eddy: Correct. Hoaglun: -- as well? I was just looking at the car wash layout and it looks like along Overland Road they come in -- you show the stacking lanes and, then, you have the tunnel, which is along Locust Grove Road and, then, you have finishing and detailing. So, in my mind this is a different type of car wash than you have there, which you have the self serve where they can drive through and sit in their car and, then, you have the other ones where you get out and you have the wand and can do it if you will. So, this is a little different -- this is a -- more of a bigger type of car wash with -- and you're going to have employees and personnel there? Eddy: This is a 120 foot tunnel, so this would be more comparative to the metro type car wash. The other thing is that this would be considered what's known as a flex car wash today. So, the consumer will have the choice to come, go through and get what guess it would call the metro experience and come back in their own car or come back around in that building and we will finish your car for you, which full service car wash has kind of left Treasure Valley in the way I think it needs to be done, so we are hoping to take the way we have done our C stores and do the same thing with the car wash side and give the consumer a choice. Hoaglun: Okay. Great. I just wanted to be sure I understood the concept, because it did look different. Eddy: Yeah. It's different. Hoaglun: Okay. Thank you. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Mr. Eddy, on this South Locust Grove side, the right-in and right-out access, is there enough turning radius in there for larger vehicles into that side? It looks to me like it's pretty tight and -- Eddy: Which access are you talking about? Rountree: The right-in, right-out. Eddy: On Overland? Rountree: On Locust Grove. Or is that just a curb cut? Meridian City Council December 7, 2010 Page 13 of 50 Eddy: That's -- that's the existing curb cut that -- Rountree: That's going away? Eddy: That will be removed. Rountree: Okay. Eddy: Our access off of Locust Grove will be at Peacock. Rountree: So, it's going to be -- it's going to be below the vacuum station or -- Eddy: Yeah. If you look at the plat map -- Rountree: Okay. Eddy: -- they have the plat map now where Peacock is, that -- you know, the vacuum station is north of that property line -- there is -- or lot 3 -- yeah. Lot 3. Rountree: That's the full access? Eddy: Due to come in I think 200 feet. Rountree: Okay. Eddy: And, then, that vacuum station will be free, so you still -- it will be a one way, you won't really access that off of that. You go through the car wash and, then, go in the vacuum station. Rountree: Okay. Is that a perimeter roadway or is that landscaping? Eddy: That's landscaping. That's 25 foot of landscaping. Rountree: Adjacent to -- Eddy: The car wash. Rountree: The car wash. Okay. Eddy: Yeah. That's 25 foot of landscaping on Overland and 25 foot on Locust Grove adjacent the car wash. Rountree: Excuse my questions, but the -- there we go. That answers my question. The fine print on that particular -- Meridian City Council December 7, 2010 Page 14 of 50 Eddy: That curb cut goes away on that also. Rountree: Okay. All right. That's good. Thank you. de Weerd: Mr. Eddy, I guess I have a question that was raised by a couple of the neighbors on noise and lights. Can you address that? Eddy: Yeah. I think we can. I think from what I said before, the neighbors -- I think the lights are typically the canopy lights are the issue that the neighbors have. Number one will be installing flush mount canopy lights, we won't have the same canopy lights you see in most of town. That building is 20 plus feet tall. It's adjacent to the neighbors. So, that building is going to block those canopy lights. There will not be a visibility there in any way. de Weerd: I'm talking more the noise from the car wash. When we have car washes -- I think it was on Eagle and Pine -- Rountree: Pine. de Weerd: -- the car wash was quite a distance from the neighborhood, but there was -- there was nothing between it and I think the building across the street will be a buffer, but can you tell me what the noise level is coming out of the cash wash? Eddy: I don't know what the noise level is. I mean I know Sonya has restricted in her staff report and we have agreed that that car wash will, you know, be closed always by 10:00 p.m. in the summer and 9:00 p.m. in the winter. So, we felt that was reasonable, that, you know, before the news comes on at night that that building will be closed and will not be open or operating. de Weerd: Okay. Council, any other questions? Bird: I have none. Rountree: I have none. de Weerd: Okay. Thank you. Eddy: Thanks. de Weerd: This is a public hearing. is there members of the public who would like to provide testimony on this item? Taylor Merrill was signed up. Qid you want to provide testimony? Good evening. Merrill: My name is Taylor Merrill. I reside at 3488 South Murlo Way in Meridian. de Weerd: Thank you. Meridian City Council December 7, 2010 Page 15 of 50 Merrill: Mayor, Council, appreciate the opportunity to address the Council. I represent West Park Overland 16 and just wanted to express our appreciation with the city in allowing us this opportunity and working with staff and their willingness to not only to critique the project, but to -- to work with us. There has been a lot of work involved in this as Becky articulated -- articulated initially. This project has been -- we have been waiting many years to utilize this corner and we feel very fortunate to have had the opportunity to work with Steve Eddy's company in laying out the plat or laying out these lots to accommodate the use, rather than sticking a use in lots, some of the comments that Council made that -- in how it lays out. I live in the area and work in the area and am very enthused about the state of the art opportunity that Fast Eddy's is going to provide, for not only community, but the neighborhood as well. I think this is, you know, for lack of a better word, cutting edge type stuff for not only a convenience store and whatnot, it's -- not to criticize other ones -- this is far and above the quality of other things we see across the country, if you will, and locally. So, I am very much saw in support of it and we think we have a real opportunity to benefit not only our development, but the community as well. And I thank you. de Weerd: Thank you. Is there any additional testimony on this item? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Seeing no additional testimony, I move that we close the public hearings on Item 7A, B -- well, we have already done those. C, D, E, and F. Bird: Second. de Weerd: I have a motion and a second to close the public hearing on these three items. All those in favor say aye. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Council, any further questions for staff on any of these items, Item 7-C, D and E? Rountree: Madam Mayor? de Weerd: Yes. Rountree: I just want to verify with Sonya the receipt of approval of access from ACHD. Meridian City Council December 7, 2010 Page 16 of 50 Wafters: Madam Mayor, Councilman Rountree, Councilmen, we did receive a staff report from ACHD and they are in approval of all of the proposed access points. Rountree: Thank you. Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-C, the rezone for Summerton Subdivision. Bird: Second. de Weerd: I have a motion and a second to approve Item 7-C. Any discussion from Council? Seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Item 7-D. Canning: Madam Mayor, just -- Rountree: Question for staff. The DA should have been with that one or the next one? Canning: The rezone. Rountree: Okay. Excuse me. Madam Mayor, Iwould -- de Weerd: Mr. Rountree. Rountree: -- reframe my previous motion to approve the rezone with the modification of DA provision 1.1.26 to allow for the waiver of access. Bird: Second agrees. de Weerd: Okay. And this is in regards to the development -- Rountree: Development Agreement. de Weerd: -- agreement on 1.1.26. Rountree: Correct. de Weerd: Okay. Discussion on that? Madam Clerk. Meridian City Council December 7, 2010 Page 17 of 50 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: I guess, Anna, that took care of your question? Canning: Yes, ma'am. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I would move that we approve Item 7-D, the preliminary plat. Bird: Second. de Weerd: I have a motion and a second to approve Item 7-D. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Item 7-E. Rountree: Madam Mayor, I move that we approve Item 7-E, the Conditional Use Permit 10-011. Bird: Second. de Weerd: I have a motion and a second to approve this item. If there is no discussions, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. FP 10-009 Somerton Business Park Subdivision No. 1 by Overland 16, LLC Located on Southeast Corner of E. Overland Meridian City Council December 7, 2010 Page 18 of 50 Road and S. Locust Grove Road Request: Final Plat Approval Consisting of Two (2) Commercial Building Lots on 3.9 Acres of Land Rountree: Did you open 7-F? de Weerd: No, I didn't. Rountree: Okay. de Weerd: It wasn't a public hearing. But why isn't it a public hearing? Rountree: Because it's a final plat. de Weerd: Okay. Rountree: Madam Mayor? de Weerd: 7-E is FP 10-099. Mr. Rountree. 7-F. Rountree: Based on staffs comments, I move that we approve the final plat for Item 7-F. Bird: Second. de Weerd: I have a motion and a second to approve 7-F. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: RZ 10-005 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 58.33 Acres from R-4 (Low Density Residential) Zoning District to the R-8 (Medium Density Residential) Zoning District for Volterra Subdivision South H. Public Hearing: PP 10-004 Volterra Subdivision (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 301 Residential Lots, 1 School Lot and 38 Common Lots on Meridian City Council December 7, 2010 Page 19 of 50 Approximately 120.6 Acres in an R-4 Zone for Volterra Subdivision North I. Public Hearing: PP 10-005 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 194 Residential Lots, 10 Commercial Lots and 22 Common Lots on Approximately 80.4 Acres in a Proposed C-G, L-O and Proposed R-8 Zones for Volterra Subdivision South J. Public Hearing: MDA 10-009 Volterra Subdivisions (North and South) by Primeland Investment Group, LLC Located North Side of W. McMillan Road, Between N. Black Cat Road and N. Ten Mile Road Request: Modify the Recorded Development Agreement de Weerd: I will go ahead and open the public hearings for Items 7-G, H, I and J, on RZ 10-005, PP 100-004, PP 10-005 and MDA 10-009. Parsons: Thank you, Madam Mayor, Members of the Council. This evening I'll try to break the applications into their appropriate section, so I will start with Volterra North plat, move to Volterra South and, then, wrap up with the DA provisions -- the proposed DA provisions and elevations that are to be included with the revised DA after Council makes action on that. So, right now before you is Volterra project that's located -- the Volterra North itself is located on the north side West McMillan Road and between North Black Cat Road and North Ten Mile Road. This project came before Council in 2005 with a planned development and allowed for reduced lot setbacks, extended block lengths, reduced street frontages and also included a mix of uses, including residential, office, and commercial. Since that time those approvals have expired and so the applicant's coming before you again to get that reestablished and, essentially, keep the same flavor of that project the way it was proposed in 2005. Again, here is the Volterra North plat. As you can see I have highlighted the proposed stub streets. The previous plat had contemplated approximately 540 buildable lots. If you recall in 2008, if you look at the east side of this property you can see that there is quite a large business park that's planned to be in conjunction with this. That was done in 2008 and that was -- that portion of the property was actually removed from the original Volterra North plat and was subject to a separate DA. So, that site is governed by a different approval, so that's why we are before you with reduced lots and less acreage for this new plat. This new plat now encompasses 120.6 acres. It's approximately -- it includes 301 residential lots, all zoned R-4 and includes one school lot and 38 common lots as well. Open space planned for this subdivision, approximately 21.05 acres of open space with six amenities. That would include a club house, five percent additional open space above the ten percent required by ordinance and, then, you also have a swimming pool, public pathway, tot lot and, then, some public art that's also proposed as you enter into the subdivision off of the main spine road there that connects Black Cat to West McMillan. Meridian City Council December 7, 2010 Page 20 of 50 And as we move to Volterra South, this is where the rezone comes into play. Again, as I mentioned to you earlier, the original PD granted reduced lot sizes and -- lot sizes and lot frontage -- and street frontages. Because that PD has expired, the applicant, upon staffs recommendation, during pre-app meetings, was advised to rezone the property to an R-8 designation. That encompasses roughly 58.33 acres. Those lots -- and that way that would allow the applicant to move forward with the previous approvals or similar approvals -- or at least a similar plat that was approved back in the day in 2005. One thing to mention regarding both plats, as well as -- the applicant has provided quite a few different micro paths and pedestrian connections with these subdivisions and the main reason for that is because some of the block lengths do exceed the requirements of the ordinance, but there is a provision in there that if you provide a pedestrian connection in lieu of a street connection, Council can waive some of these street connections and allow for extended block lengths. So, that's the route that the applicant has chosen before you this evening so that they can move forward with the plats as proposed and staff was in agreement and so was the Planning and Zoning Commission. have highlighted one area for you. On Volterra South I have also highlighted the proposed stub streets. You can see there is one located along the western boundary and one along the southern boundary. Those are consistent with previous approvals. And also if you'd notice in the southeast corner, it's kind off my graphic here, but there is a pedestrian connection that's proposed to the Drawbridge Sub to the south. It was quite a topic of discussion back in 2005. Those homeowners did not want to see that stub street punched through with the Volterra South project, so Council during that hearing had a recommendation that they -- in lieu of a street connection they would provide a pedestrian connection. In keeping with the spirit of that approval, the applicant has researched those findings and, indeed, concurred with the previous approvals and provided a pedestrian connection to the Drawbridge Sub as previously approved. With the Volterra South plat they are also -- they are proposing 194 buildable lots. The previous plat contemplated a mix of attached and single family detached homes with the plat before you this evening the applicant is merely proposing single family detached dwelling units. There is still the C-G portion and L-O portion still remains in effect and that property was zoned also in 2005. However, there was a few more lots proposed at that time. The applicant's now proposing seven C-G zoned lots and that's located at the south -- excuse me -- northeast corner there, the northern portion here. It's kind of bisected with this proposed collector street here to buffer for -- the residences from the C-G here and, then, also in southeast corner they are proposing three L-O zoned lots, with, actually, quite a large green belt that segregates the L-O zoned property from the residential lots. Here is the proposed landscape plan. Again, the previous plat contemplated the green belt splitting between the residential portion. With this new plate the applicant's actually doing an 80 foot wide green belt that buffers the western boundary of the C-G zoned lots, runs southward and down to the south boundary and, then, heads eastward to North Ten Mile Road. That seems to provide a nice transition and a nice green belt for the planned commercial and the residential area. It also provides a nice transition between the proposed uses as well. So, now I will move on to the DA provisions. The main reasons for the development agreement modification was the fact that the previous DA provisions were -- and the plat boundary, if you will, back in 2005, was tied to the original development agreement. Meridian City Council December 7, 2010 Page 21 of 50 As I mentioned to you earlier, this boundary -- although Volterra South boundary has not changed, Volterra North boundary has changed quite a bit due to that large business park. And so we need to remove that exhibits and attach the proper exhibits to the DA. So, that's one of the reasons for the DA modification. The other was the timing for the amenities. The previous DA provisions contemplated the ten acre parks -- excuse me -- the park proposed for both subdivisions to happen at a certain building permit. Given the fact that those permit -- those amount of lots have decreased substantially from the previous approvals, staff felt it was appropriate that those timings for those improvements have been more consistent with the plats that they are proposing now. So, as I mentioned earlier, overall there is going to be approximately 495 residential lots between the two projects. So, what the applicant's proposed is that prior to the 200th residential lot, the 10.2 acre park that's proposed in Volterra North would be constructed and, then, with the 400th residential lot, the three acre parcel proposed for Volterra South would be constructed prior to issuance of that building permit. The other issue was to tie those amenities to the subdivision -- or to the plat as well. So, that would include those six amenities that were proposed for Volterra North and, then, also three amenities proposed for Volterra South, which is, again, the park, the pedestrian walkways and, then, again, the additional open space. So, staff felt it appropriate to have that in the DA as well. And, then, also a large portion of the DA provision was the fact that back in the day we did not have design review in place, so as the applicant came in with his PD, his development agreement required that any future development on the commercial portion go through the CUP process now that we have design review and the zoning is in place, staff feels that with the tools that we have in place now we can adequately address any bulk standards for those -- development of a C-G and L-O zoned properties, so we could handle that through whatever the schedule or use or zoning allows us and the building design and site design could be dictated by the design manual. So, that's another significant change. And, then, also given the fact that this is a large plat and there is multiple phases planned for that, the applicant -- what has happened is because that applicant was trying to track so many different approvals on the site they kind of lost track of their approvals and that's why it's expired and so what we have tried to do here is if Volterra North, phase one, gets signature, that that phase would still keep Volterra South alive and staff was amenable to that, so that's what we have tried to do with DA provision number eight is try to express that, that any successive phase that receives city engineer's signature will keep the entire project, including Volterra South alive. And they were in agreement with that. So, if I move quickly on to what was discussed at the P&Z hearing, again, Planning and Zoning Commission recommended approval at their November 4th hearing. Speaking -- commenting on the application was Chuck Christensen, Paul Poorman, and Michael Wasnia. The applicant did provide written testimony in agreement with the staff report during the P&Z hearing. Items of discussion at that hearing included some of the commission's -- commissioners were concerned with the buffering between the C-G zoned property and the future residential lots. They weren't sure of what scale of buildings would go on that C-G zoned lot, so they wanted -- they wanted to go on record that they didn't seem to be in favor of that. The other issue was increased traffic on Ten Mile Road, given the amount of homes planned and that large business park planned for this -- in the general vicinity. Key changes to the staff report, there were none. And, Meridian City Council December 7, 2010 Page 22 of 50 then, so, really, the outstanding issues before Council this evening has to do with two requests, the first being there are quite a few large water facilities, meaning the Lemp Canal and the White Drain on this site. The previous approvals -- Council waived the requirement for tiling those facilities. The applicant would like those to remain open as well with Volterra South plat, so they are requesting a waiver for tiling those facilities. And, then, also with the Volterra South plat, if I could shoot up there, if you look at this graphic here I have depicted two access points for you this evening. Staff has conditioned those to be right-in, right-out only. They do align with the existing curb cuts for developments across the street -- across the arterial streets. Staff has communicated with ACHD on those access points. They were amenable -- they were in agreement with those access points, so the applicant is also requesting Council waiver for those proposed access points to McMillan Road and North Ten Mile Road. Staff did not receive any written comments regarding the commission recs or the DA modification. Staff report. Staff has recommended approval with the DA provisions that were presented to you this evening. With that I will stand for any questions Council may have. de Weerd: Thank you, Bill. Council? Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, you identified one of the items that we need to -- one of the many, but one specifically, the exemption of tiling of the drain and the canal. Was there any discussion about incorporating those two elements as design features and amenities into the development? Parsons: Madam Mayor, Councilman Rountree, if you look at the landscape plan, my understanding is -- talking with the applicant is if you recall Bridgetower, if you look at those future phases you can see there is quite a bit of green belt there, four foot fencing, and detached sidewalk. The Meridian masters pathways plan shows that there is a ten foot pathway along this -- along Lemp Canal along McMillan Road. The applicant is providing that pathway. They intend to include that as a green belt as well. So, you will get an abundant green belt along McMillan Road with Volterra South Subdivision and that pathway does continue into that 85 foot buffer along the C-G portion as well in the L-L as it heads to North Ten Mile to the east. Rountree: Thank you. Parsons: Yes. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council December 7, 2010 Page 23 of 50 Zaremba: Would you -- I think it's in Volterra North -- indicate which one is the school lot. Parsons: Sure. Madam Mayor, Councilman Zaremba, the school -- the school property is actually bisected into two pieces. There is, actually, afive -- approximately a five acre piece north of this, but if you look at the northwest corner of the site you will see this large open space here, that is the proposed school lot and that will be joined with the other five acres to give an approximately ten acre school site for a future elementary school. Zaremba: Great. Thank you. And on the two parks, are they going to remain common area of the subdivision or are they going to be deeded to the city at some point? Parsons: Councilman Zaremba, those are amenities for the subdivision. Zaremba: Okay. Thank you. de Weerd: Any other questions from Council? Rountree: I have none. de Weerd: Would the applicant like to comment? Christensen: Madam Mayor, Members of .the Council City, my name is Chuck Christensen, I'm employed by Quadrant Consulting, whose address is 1904 West Overland in Boise and, yes, I would love to comment. Thank you. Appreciate the comments that Bill has made. Just like to clarify a couple of things. With respect to the canals that are shown in Volterra South, the intent is to incorporate the -- those canals into the project as a project amenity. At least as far as it travels -- well, through the whole length, but in particular as it follows the boundary of the L-O and the C-G zoned property. When the canal turns to the west along the side of McMillan Road, it will be landscaped, but there will be a fence that separates the canal from the residential lots to the south. It will very similar to what's out there now for Bridgetower. And the other issue that's come up is access off of both McMillan Road and Ten Mile Road right there for the C-G zoned property. The improvements that were constructed at that intersection by the current property owner incorporated the access points that are shown. So, as engineers we worked with ACHD to figure out where those accesses would be constructed and those are actually in place right now. So, unless there are any other -- and I should mention that all the other conditions of approval are acceptable to the owner. de Weerd: Okay. Council, any questions? Rountree: I have none. Meridian City Council December 7, 2010 Page 24 of 50 de Weerd: Thank you. This is a public hearing on Items 7-G through J. Is there any members of the public who would like to provide testimony? Yes. Good evening. If you will, please, state your name and address for the record. Feesons: My name is Daryl Feesons and I live at 4025 Daphne -- de Weerd: Thank you. Feesons: -- in Meridian. I just wanted to I guess get some clarification or make a comment. The Ten Mile intersection at McMillan is very well laid out. A lot of work has gone into that and it functions quite well with the businesses and that. With the north portion of this subdivision part of it empties out onto Black Cat also and so we have access in a school proposed there on Black Cat. Black Cat and McMillan is a four way stop right now and it's a two lane road. It's very rural still. I mean that's all still farmland out there and so I just have a concern that we may end up seeing additional traffic in that area from the school -- especially around the school time in that and with a four way stop there, there is really not a whole lot of traffic control there. Now, on the other side where the business park is proposed on McMillan and Ten Mile, Isee -- you know, living in that area I see it all the time and it seems to flow really well. That intersection was designed very well and it works- quite well, even with the businesses right there on the corner and all of the -- all of the subdivisions there, with Bridgetower and all that we got it works well. But I'm just concerned about the -- the McMillan and Black Cat side of things, because it is so rural and there is just not a lot of traffic there right now. We may end up seeing issues there and maybe even up onto Black Cat and Chinden and people trying to get onto Chinden Road. Again, you're looking at a stop sign situation, rather than afour -- than a stop sign -- or stop light. Excuse me. de Weerd: Thank you. And I appreciate those comments. Any other public testimony? Yes, sir. Good evening. Again if you will state your name and address. Muggleston: Merry Christmas. Darren Muggleston. 834 West Crosby Drive, Meridian. also have a concern. I do live in that -- that area off Meridian -- McMillan and I do have a concern with the traffic. I'm concerned with all of Meridian for that matter, for the development that's going on and I don't feel like Meridian is addressing the traffic problems that we are having. I think with another subdivision up in that area -- on McMillan there is a four way stop there at Locust Grove and McMillan. The traffic is preposterous to go through and adding another 450, I think, residential, it's just too congested and I didn't hear anything from the development on how they are going to address any of those issues and I'd just like to have some further clarification on that. Thank you. de Weerd: Thank you. Okay. Additional testimony? Okay. Would the applicant to like respond? Christensen: Madam Mayor, Members of the Council, Chuck Christensen. Of course the project will generate additional traffic. I don't really know right off the top of my head Meridian City Council December 7, 2010 Page 25 of 50 what the highway district has for improvements to the other intersections that are nearby, such as Black Cat and Meridian Road. I don't know where that is on their capital improvement plan. This is, obviously, a very long-term project and could go on for a couple of decades and I suspect that sometime in -- within the lifetime of this project those improvements will be constructed. We expect that the bulk of the traffic from this project will use Ten Mile Road and the new freeway interchange as their primary traffic route. de Weerd: Okay. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor, just -- was there any indication from ACHD on the desire for additional inter -- intersection improvements? And I do recognize that your client actually participated and helped make what's gone on out there happen, not ACHD, but -- like Frank. Christensen: There isn't anything in the ACHD staff report regarding some of the other intersections that have been mentioned tonight. Rountree: Okay. Christensen: Beyond the improvements that have already been built out there. Rountree: And they, basically, have improved the -- Christensen: Yes, sir. Rountree: -- the subdivision. Thank you. de Weerd: Any other questions? Mr. Zaremba. Zaremba: Madam Mayor, I would just comment that my recollection is McMillan and Locust Grove was mentioned, which is some distance from this, but I believe that's on the schedule within the next year. Full improvement. Signalized and five lanes -- five- by-five intersection I think. ACHD is certainly aware of McMillan and Black Cat and although it may be way off in the future, I believe it's also going to be five lanes by five lanes at some point. But that maybe not happen immediately, but I believe Locust Grover is on the schedule very quickly. de Weerd: I thought McMillan was three lanes. Zaremba: Well, they are still open to discussion on that, whether it should be five. believe COMPASS has it as -- as a three lane, but ACHD would support moving it to five and I certainly would. Meridian City Council December 7, 2010 Page 26 of 50 de Weerd: I guess that's a debate for another day. Zaremba:. Yes. de Weerd: Any other questions from Council for the applicant? Rountree: I have none. de Weerd: Okay. Thank you. Council, do you have questions for staff at this point? Bird: I have none. Rountree: No. de Weerd: What is your pleasure? Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: As I understand it, the outstanding issues for discussion would be tiling the White Drain and Lemp Canal, I think we have said in the past and I'm willing to repeat it, it's all right with not tiling it as far as I'm concerned. Sprucing them up a little bit and making an amenity out of them is preferred. And the right-in, right-out access to McMillan -- one on McMillan, one on Ten Mile, I don't have a problem with. Personal comments. de Weerd: Thank you. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: Seeing no more public testimony, I move we close RZ 10-005, PP 10-004, PP 10- 005 and MDA 10-009. Rountree: Second. de Weerd: I have a motion and a second to close the public hearings to Items 7-G, H, I and J. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird. Meridian City Council December 7, 2010 Page 27 of 50 Bird: A question before I make the motion. In the -- Anna, on the RZ is where we do the exemption for tiling and the right-in, right-out, is that not right or is it in the preliminary plat? Canning: I believe in this one it's in the plat. On the last one you're correct, it was on the rezone. It just has to be any public hearing by Council. So, in this one it happens to be in the plat discussion. Bird: Okay. Which plat? You got two preliminary plats. Canning: It would be Volterra South. So, that is 005. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve RZ 10-005 with all staff and public comments. Rountree: Second. de Weerd: I have a motion and a second to approve Item 7-G. Is there any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve PP 10-004, with staff and public comments. Rountree: Second. de Weerd: I have a motion and a second to approve Item 7-H. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 7, 2010 Page 28 of 50 de Weerd: I would like to comment on this preliminary plat and the next one. A lot of discussion was had on this when it came through originally and I know that the neighbors' concern of traffic out there -- certainly when the school goes in they will have to come through with the appropriate public hearing process and traffic will be certainly a consideration and a concern at that time. One of the things I will say when Volterra and -- came through is there is a huge commitment and an investment by the developer to bring transportation improvements far ahead of when they ever would have been and it was really associated with the subdivisions and it was because of that that those improvements were made. Certainly as we look further west those are going to be considerations and I certainly hope that our transportation entity does look at those kinds of partnerships again and this was really driven by the developer and the city and in getting this ahead of time. So, I appreciate your testimony and your concern. In particular, when you start bringing in those elementary schools and the associated challenges that we have getting kids across busy arterials, getting them safely to school and -- and all of the needed infrastructure with sidewalks and all of that. So, I -- in light of the economy, that is going to be a discussion down the road, but I appreciate your testimony here tonight. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve PP 10-005 with applicant and public testimony and staff. Rountree: Second. Canning: Madam Mayor, clarification? de Weerd: Yes. Canning: Would the maker of the motion mind commenting on the waiver for the access points -- Bird: Sorry. I -- Canning: And the tiling. If you could, please. Thank you. Bird: I'm sorry, Anna. And that includes the exemption of tiling the White Drain and the Lemp Canal. Also the right-in, right-out access to McMillan and Ten Mile Road allowed. Rountree: Second agrees. de Weerd: Okay. I have a motion and a second to approve Item 7-I. Is there any discussion? Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council December 7, 2010 Page 29 of 50 de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 7-J. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve MDA 10-009, with stafFs recommendation as shown and applicant's agree to incorporate that in the MDA. Rountree: Second. de Weerd: I have a motion and a second to approve Item 7-J. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Mayor's Department Report: Ad Hoc Lakeview Meridian Golf Course Focus Group de Weerd: Item 8 under. Department Reports we have item 8-A. I will turn this over to Councilman Rountree. Rountree: Thank you, Madam Mayor. Before I start, Bill, is there anything that Ted wished you provide on this discussion? Nary: Madam Mayor, Members of the Council, Council Member Rountree, I think Mr. Baird, a deputy attorney from my office, is a member of this group as well. I think -- I think there is still some finalization of an agreement that we'd like to have, but I think the -- most of the discussion has been had and I think Mr. Oaas is here to talk about that and I think we are just -- we would just like the Council, after hearing that, if the Council's direction is to, then, finalize this in agreement format of some sort, because we have -- there is the issue of the waiver of the yearly obligations and those kind of things that we can finalize all of that and bring a final agreement back in front of you after tonight's discussion. Meridian City Council December 7, 2010 Page 30 of 50 Rountree: Thank you, Bill. In August -- September I believe it was Eric Oaas came to us and requested several things from the city and we had talked about several things as well on the lease with the golf course. One is that it needed to be amended, because things have changed. Eric had come before the city and requested a waiver of the annual fee and also some modifications to some of the conditions and some of the maintenance activities that were identified in the lease. The Mayor at that point established a golf course forum, if you will, and I got the lucky straw, so I got to lead that effort, and I have got to say it was a -- it was a grand effort. I think the folks that participated -- two citizens that stepped forward and volunteered, Jim Borton and Jim Correia, both very soft spoken gentlemen if you know them -- actually, very frank and at times brutally frank with all of us and vice-versa, but the discussions were good. We started in October -- the 1st of October. We had a series of four meetings. The first meeting we kind of established ground rules and that sort of thing and started to get Eric comfortable, because he was out of his comfort zone for a good share of this process. I think tonight he can look around and see that it probably was a good thing and this is the result that we hoped would happen. Anyway, we started talking about the maintenance exhibit that was in the existing agreement -- or easement -- or lease. Excuse me. And talk about the elements that just were not applicable to the golf course and there were several and there were several things were applicable to the golf course that weren't included. So, we just refreshed those and you have those as attachment -- I believe it's attachment one in your packet tonight -- or exhibit one and that establishes the minimum ground maintenance schedule for the golf course and that's during the active golf season, which we established as May 1st through October 1st and these are minimums. They are actually doing some of these things more often, such as mowing greens more than six days a week and they have been. I believe the previous agreement was like four or five days a week, so some things have increased, some things have gone away. There were some provisions for certain kinds of mowing to take place on occasion. Well, that was applicable to greens that had grass that we didn't have on our greens. So, we struck those kinds of things. We cleaned it up. Everybody was in agreement that this is probably a very good array of minimum maintenance practices that will take place and it was agreed to on the part Mr. Oaas and his operator that we -- we would move forward with that. Next -- we next entered into a lot of discussion about rumor control and we had kind of open dialogue in every meeting that was what's going on today and what are you hearing recently and how can we address some of the rumors and we did that almost every meeting, but the next focus was the proposed capital improvements exhibit and through several meetings -- and this was not easy to try to distill this down into something that was meaningful. We asked the citizen participants to go to the folks that utilize the golf course and have them identify things that they think are really critical that need to be done out there, as well as what the leasee identified as critical for them to be able to continue doing business and to improve their business and came up with a list that is shown as Exhibit 2. Now, in the process of this four or five week meeting schedule, the men's and women's association and the friends and neighbors of the golf course did everything from holding tournaments to having rummage sales to all kinds of efforts to raise money for the golf course. Through their efforts they raised over 11,000 dollars and their desire was for that money to go towards cart path improvements. As you recall, we were asked to Meridian City Council December 7, 2010 Page 31 of 50 match that and as you recall we couldn't, but we did put forth almost half of that amount in terms of match also to be used for cart path improvements. We also dialed the folks into a material source that, essentially, was free and delivered to them on site. So, they could use the material for cart path improvement and I know they are done, they are awfully close and they are further along than we even anticipated a couple months ago in terms of improving and installing cart paths on the golf course. So, cart paths you will see on this exhibit -- the donated is actually much greater than that. This probably should be updated to reflect the almost 17,000 dollars worth of donated funds and I suspect there is probably a good three to five thousand dollars worth of effort left to remain on that. The other items, carts -- bunkers were the real issue with the folks that use the golf course. Improvement of the golf course in terms of esthetics and tree placement and replacement and addition and some of these other things that you -- that we have listed here. The upshot of that is is everybody agreed that this is a good building block, if you will, to follow -- to help guide as management of the golf course can recognize, hopefully, a profit in the near future and they can direct funds in these areas. The group also recognized that it's a dynamic operation out there, things change, and some of these items that we show here may shift in priority and need and we would simply ask that that be brought to the city and we make modifications as appropriate. The first document you have in your handout is the addendum to the lease. It's very short and that's about all we needed to do to get it current. Having done that and I thought with great success and a whole lot of dialogue and a really good exchange of emotions and facts and rumors and -- and all of that, we came to the conclusion that we now have a reasonable maintenance minimum program, we have a reasonable expectation of what kinds of capital improvements should and can be made on the golf course and having done that they are not asking for your favorable conclusion tonight, I'm asking for favorable consideration of waiving the annual fee for last year and also for accepting the changes in the provisions of both exhibits and the addendum to the lease and at this point I will turn it over to Eric if he has any comments and, then, open it up for questions. de Weerd: Good evening. Oaas: Madam Mayor, City Council. Eric Oaas. I'm with Oaas Laney, 314 South 6th in Boise and I'm here on behalf of the Lakeview Golf Course and just to add a couple of additional comments to some of the remarks that Councilman Rountree has -- has provided tonight. Just -- maybe just a couple of brief comments. One, I would have to say that Councilman Rountree was dead on accurate when he said that it was out of my comfort zone. There was a bit of a reaction or hesitation on my part, Madam Mayor, when you had recommended setting up the task force and Iwas -- you dragged me kicking and screaming a little bit, but as the process started and worked its way through, really, with a great deal of thanks and gratitude for Councilman Rountree's efforts to lead this, it -- it really did bring out some good feedback, some good input from the public and I believe at the end of the process we did end up with -- with a very good modification to the lease agreement that provides for this to be a living document and one that we can carry forward. Councilman Rountree, in addition to the -- in addition to his responsibilities as leading this task force, took a very active roll in participating in Meridian City Council December 7, 2010 Page 32 of 50 some of the action items and the activities that -- that we were all charged with in -- in this effort and -- and for that I -- you know, I sincerely appreciate your time and your efforts, because you took this seriously and, in my opinion, you did a -- you did a fabulous job. The other person that I think we need to recognize is Clint Travis with Raven Golf Services. I think Clint -- as the city knows, we engaged with Raven Golf Services in April of this year to act as the operator and bring a tremendous amount of professionalism to the golf course and its operations, its staffing, and virtually every part of the -- every part of the facility and operations and I'm here tonight to tell you that that was probably the smartest decision that we have made with regard to the golf course, you know, since we became involved in it. They are absolutely, in my opinion, top notch and they have done a fabulous job and Ithink -- I think Councilman Rountree -- Rountree: I agree. Oaas: -- would agree that -- that Clint -- Clint provided a tremendous amount of input and guidance that was invaluable. With that I -- I respectfully request that you adopt the proposed modifications as presented by Councilman Rountree and I don't believe that -- that he -- that he's requested action tonight, but at whatever point in time is appropriate, I would encourage and request your approval and, furthermore, request your approval of the waiver of the -- of the 6,000 dollar lease fee to the city this year. With that I'd stand for any questions from the Council. de Weerd: Thank you. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor, just a quick request. On Exhibit 2 it talked about the proposed capital improvements and, then, you had the priority improvements include one, two, three, four. The possible additional capital improvements include -- those are not in priority, they are just potential as money or need. comes about or were they in also priority order? Oaas: Councilman Hoaglun, the -- the list that you see -- we tried to put in somewhat of what we considered to be most important at the top and those items that I wouldn't say are least important, because at the bottom of the list there is two very, very important items, but suffice it to say that we wanted -- we really wanted to knock off the -- you know, and start from the top of the list and work our way down. Hoaglun: Okay. That's good, because from what I had heard from the neighbors and the golfers out there, bunker renovation was a priority, so I just wanted to see if that was in priority order then. Rountree: Brad, my comment to your question is we tried to prioritize the -- the items, but with the first four those were pretty much the critical issues and if you will look at the amount of money dedicated to those potentially and, essentially, in the unknown status of what the economy and what the future is going to bring in terms of profits to the golf Meridian City Council December 7, 2010 Page 33 of 50 course, one, two, three, four -- might become five, six, seven and eight, depending on what the year is. So, we stopped at those, because we knew those were critical not only for play, but for the business aspect, because without the carts folks are not playing and with the cart paths being in the condition they were in there is a lot of private carts out there on that course and there was a lot of people upset with just the bad condition they were in or nonexistence in some cases and, two, having prioritized the rest of them, then, that doesn't necessarily leave room for something that might come along, though we didn't envision to slip in there and, then, we have to start fudging with the numbers again. So, it's simply an array of things that need to be done that we know and an estimate of what it might cost and if there is more money coming in, more is going to get done. If there is less, then, they may not be able to get all of that stuff accomplished in the first three, four years. Hoaglun: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would comment that I have an interest in this, not only as a City Councilman, but as a neighbor of the golf course. I live in Ashford Greens and my subdivision either abuts or surrounds five, six, seven, eight and nine, I believe. I very much appreciate the work that you and your partners and your staff are doing. I know it's been a struggle and I appreciate you hanging in there, but the improvements that have happened just in the last couple of years since you have taken over have been well appreciated by us neighbors and I appreciate the work of the ad hoc focus group. I think you have come up with some good recommendations. I also want to thank the friends of the golf course, having taken on the task of doing the golf cart paths. So, that being said, there is a small matter that I think does need to be addressed and it is about the golf course paths. At the green for number seven I believe it is -- years ago the golf cart path went between the green and the little pond that's there, so it went around the hole counterclockwise and approached a curb cut where you can cross Talamore at a 90 degree angle. At the time the people that were operating the golf course -- the golf carts were tearing it up. It was turning to mud, so they put up some fences that directed golf carts around that green clockwise, so that they went south of it and at the time many of the golf cart people started using the sidewalk that is there parallel to Talamore on the north side and, in fact, because that side become muddy as well, some fencing was put up that actually forced the golf carts onto the sidewalk. That is an issue with a number of the people in Ashford Greens and the little senior subdivision that's within Ashford Greens, because the golf cart people driving on the sidewalk tend to intimidate the walkers and act as if it's walkers that should not be on the sidewalk and, frankly, have experienced that twice myself, not just reports from other people. So, as thrilled as I am about the progress that's been made with the golf cart path, I think it's wonderful, that one little place where they have -- the people that were installing the golf cart path now made it so that that's where it goes, onto the sidewalk, and it travels on the sidewalk for a hundred feet, something like that. But, at any rate, it doesn't cross it Meridian City Council December 7, 2010 Page 34 of 50 at a 90 angle like people's driveways and cars do, it actually uses the sidewalk and on behalf of my subdivision and myself I would like to ask that that be reconfigured. Since the time -- in this process and over the last few years the area of that green has been enlarged and now it's been bermed up so that there is no flat space between the sidewalk and -- it used to be some flat space there. There is no longer flat space there. So, I don't want to make the answer to it, but to me the only answer to stay off the sidewalk is to go back to going between the green and the -- and the pond, so that you're going around that green counterclockwise and Ijust -- I'm just putting it on record that I think it would be a good idea to have that addressed before Ashford Greens gets up in arms and I appreciate that that piece looks like it's already done, but I would like to ask that it be moved. Sorry about that. Oaas: No. Councilman Zaremba, I will most definitely look into that and we shouldn't be driving the golf carts on the sidewalk. Zaremba: Crossing at a 90 degree angle, of course, like people do to get into the driveway is fine and people expect that. It's just traversing along it is not appreciated. Oaas: We will take a look at that and get our experts to figure out a solution Bird: Great. Thank you. de Weerd: Madam Mayor, if there is no more questions I just wanted to some up and David's question or comment is just an example of there is -- there is a never ending list of these kinds of things that -- that need to be addressed and focus group talked about a good many of them and the group indicated that they would be willing to get together on occasion to talk through some of these issues as well. My final comment is that the -- the lease has been semi-administered by the legal department over the years and my recommendation, with the approval of the Mayor, is that the parks and rec folks be responsible for administering the agreement with respect to coordinating the annual reviews, making sure that the maintenance activities are, in fact, being done and the other conditions in the agreement are being met, because we have not necessarily assigned that responsibility to anyone in the past and I have to admit that we have not -- we have not gotten all of those things dealt with every year. Some years we do a real good job, some years we miss a few things, so I -- my recommendation is to have legal counsel who drafted the lease and knows the lease well work with Public Works and put together a checklist, if you will, of things that need to be done on a -- quarterly and annual basis annual and the contact people that need to be involved, through either Eric's organization or Raven or whomever and that way we can keep on top of it and it's actually an assignment for somebody to follow through on. de Weerd: And that's working with parks Rountree: With parks. de Weerd: Okay. I heard Public Works and -- Meridian City Council December 7, 2010 Page 35 of 50 Rountree: Oh, excuse me. I'm sorry. I meant parks. If I said Public Works I meant parks. Sorry, Warren. I know I rattle you enough, but -- de Weerd: I saw his ears kind of perk on that one. Okay. And certainly we -- we can do that. I guess just to add to the thanks, I would also like to thank Councilman Rountree for heading this up and also to our parks department that were at a couple of the meetings and there has been some good dialogue and relationship built from them attending those meetings and some subsequent follow up. So, I think a lot of positive things come from this and certainly as the neighbors -- the homeowners associations here at this focus group, they can take additional items to this group for vetting and to have better discussions and at least, then, the HOAs know there is a group and a citizen -- some citizen representatives that they can bring their items to and maybe we need to let Council know that we have a focus group so they can bring their items to it. Touche. Zaremba: Thank you. de Weerd: I guess, Council, any other comments or questions? If there is any issues we can certainly direct them to Councilman Rountree. Rountree: Thank you, Madam Mayor. de Weerd: You're welcome. Anything further on this? Action, Mr. Rountree? Rountree: I would say give it a week for you to look at the amendments in the exhibits and see if you have any further questions and, then, again, my recommendation is to waive the annual fee given the changes we made in the lease in the exhibits and to adopt those and to move forward. Bird: To waive the fee -- is that a motion, Mr. Rountree? Rountree: I could this evening if you wish to do that and hold off on the approval of the agreement for another week. Bird: Waiting don't have anything to do with it. Excuse me, Madam Mayor. Rountree: No. Bird: So, if that's a motion I will second it. Rountree: Well, I would prefer someone else make that motion, since I -- I led the task force. Bird: Madam Mayor? Meridian City Council December 7, 2010 Page 36 of 50 de Weerd: Mr. Bird. Bird: I make a motion that we waive the 6,000 dollar lease fee for the golf course this year. Hoaglun: Second. de Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Thank you, Eric. Oaas: Thank you, Madam Mayor, City Council. Rountree: Thanks, Eric. B. Police Department: Budget Amendment for Police Miscellaneous Grants for aNot-to-Exceed Amount of $3,600.00 de Weerd: Okay. 8-B is our police department. I will turn this over to the chief. Lavey: Madam Mayor, Council, in front of you is a budget amendment. Over the summer 2010 we obtained a lot of funds -- donated funds over National Night Out and those funds were not spent in FY-10 and we are providing the paperwork for our purposes and seeking spending authority for that amount not to exceed 3,600 for FY- 11. And that's it and I will take any questions. de Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B in the amount of 3,600 dollars. Hoaglun: Second. Meridian City Council December 7, 2010 Page 37 of 50 de Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Planning Department: 3131/3163 Lanark Development Agreement Modification Application Fee Waiver Request by Patrick McKeegan de Weerd: Item 8-C is under the Planning Department. I'll turn this over to Anna. Canning: Madam Mayor, Members of the Council, we do have a fee waiver request for the property owner or his representative -- I'm not sure which one is speaking. The property is 3131 and 3163 Lanark Development and the waiver would be for a development agreement modification and I will let the owner or applicant present their case for you. de Weerd: Okay. Thank you. Yes. If you will, please, state your name and address and also state specific to your request. McKeegan: Yes, ma'am. de Weerd: Thank you. McKeegan: Madam Mayor, Council Members, my name is Patrick McKeegan. I am the architect representing Ted Sigmont, owner of 3131 and 3163 LLCs, which own the property at 3131 and 3163 Lanark. My business address is 280 North Latah Street in Boise, Suite 100, 83706. de Weerd: Thank you. McKeegan: We are here this evening to request a -- that you waive the application fee for the development agreement modification application that we have submitted. I will be very brief. The reasons we feel that this is appropriate in this case is that staff is very familiar with this project. It was originally approved in 2007 and we have been before Planning and the Council many times with the project and with the development agreement and also we are only asking for a very narrow one -- actually one paragraph -- one section of the development to be waived and because of the familiarity and the previous work on the application we feel that it will not be a burden for -- for staff. The history of the building is -- the reason we are asking is financial hardship. The building was constructed in 2007. None of us anticipated what was going to happen. The building has been vacant since that time. We have had a number of tenants look at it. Meridian City Council December 7, 2010 Page 38 of 50 We actually came back and asked for a rezone, which was approved, which was cause for the development to broaden the net we could cast for tenants. We now have a tenant who is actively interested in the space, but the development agreement requires that we construct a ten foot path, which we have now found because of the location that the highway district -- or the ITD wants is going to be extraordinarily expensive, so we are going to ask for a -- request -- the development agreement request is going to be in regards to that ten foot pathway and I won't go into any detail, because we are going to have a public hearing on that. During this process Mr. Sigmont has spent a significant amount of money on the approvals to date. He's spent a lot of money complying with the other portions of the development agreement, soliciting tenants, maintaining the property, maintaining the mortgage. The property is actually currently in bankruptcy and heading towards foreclosure very soon. We are doing everything we can to salvage the project. Like I said, we have a tenant who is ready to move in. I have a set of working drawings I'm ready to submit for an application for a building permit, but we can't do that until we have zoning approval, which at this point we can't comply with because of the costs associated with the -- with the pathway relocation and we want to revisit that so we can determine if the project is going to go forward or not. We feel that the city could maybe view this waiver as an investment in the community in the form of -- if the -- it's just one more thing to make it easier for us to make the application. If we can get the building occupied, get people back to work, get the tax base going again, and move forward with the project. So, I'd respectfully ask that you waive the application fee for the development agreement and will answer any questions you may have. de Weerd: Thank you. Council, any questions? Okay. Thank you. McKeegan: Thank you. de Weerd: Mr. Nary, I guess I would ask -- we do have a request in front of us -- what action, if any, that the Council is being asked to consider. Nary: Madam Mayor, Members of the Council, basically under our Uniform Development Code and Mrs. Canning is the guru of all of that, you have the authority to waive fees for any application that a person has. What I would suggest, if the Council is of a mind set to do so, that you make findings as to what those grounds are or you will have a parade of people asking to waive fees for everything. So, it's your decision on whether you wish to waive fees based on what Mr. McKeegan has presented and if you wish to do so, then, I'd just ask that you clarify what your reasons are. de Weerd: Thank you. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I just would like to comment, I realize sometimes these fees are viewed by the applicant as being kind of punitive and they are not. They are designed to recover Meridian City Council December 7, 2010 Page 39 of 50 the cost of the time it takes for the staff to process and bring it through the system, which is a process, and I acknowledge some of them are maybe easier than others, but on behalf of all of our taxpayers we don't actually -- this part of the system -- this part of the finance system is not designed to burden the taxpayers to subsidize something that a developer needs to do and as Mr. Nary commented, you know, we could have a long line of people that are saying times are tough and I'm not holding this position strongly, but I could be convinced otherwise, but Ijust -- the purpose of the fees is to cover the time that it involves to process them, so that the taxpayer isn't paying for it and I certainly support the idea beyond the fees. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, I understand your comment and I have the same concern, but it -- but it seems to me we need to get into the basis of the request and the basis of our previous action, so we really can do the due diligence to justify why we would or would not waive this, based on the letter, and this is not an analysis of the previous requirements that the city placed on this particular development, but it seems to me conditions have changed with the third party involved and possibly rights of way owned by somebody else that the city was anticipating a pathway being put on and not being able to do that now and costs to meet that requirements in another location and in another way that was originally anticipated is significant. So, that's the information I have. I don't have the particulars on the original proposal, I don't have the particulars on the original requirements, nor could I have until we have a hearing on this thing. So, I'm kind of -- where do you go? To me there is some reason in that, that maybe -- maybe because of changes and increased costs due to those changes we might want to consider a waiver. Nary: Madam Mayor and Members of the Council, I'm going to guess Mrs. Canning may have something to add, but I guess what I would add is Council Member Rountree, your comments I think dovetail with what Council Member Zaremba states. I mean your costs are really meant to reflect the staffs time and these changes that Mr. McKeegan raised as part of their reason for financial hardship, to me, again, without having more information -- and, unfortunately, we can't have more information at this stage, begs the question that the staff will have to spend some time providing that level of scrutiny and analysis for you folks to be able to make a reasoned decision later, which, then, makes since as to why there is a fee. There is going to be some time that's involved in addressing those very same issues that have been raised and that's what it's for. But Mrs. Canning probably has a better perspective on that, but I think you have answered, essentially, what Councilman Zaremba has raised as a concern. Canning: Madam Mayor, Members of the Council, I -- in setting our fees we tried to anticipate an average application and they do cover our cost. It really is just Council's decision on the matter. I guess I don't have much to weigh in on that aspect, but I did want to point out, because you -- a couple of you have asked me to make sure that when there is a waiver of fees that we include any possible waiver of fees. The Meridian City Council December 7, 2010 Page 40 of 50 development agreement modification fee is 502 dollars. The standard they are seeking to modify in the DA is, actually, one that's in the access to state highways standard, so it's a standard that would require a variance and I apologize, I know I have talked to staff about this months ago and I don't remember where we came down, so it's possible they may also need a variance for this -- for this application. I'm not sure. The variance fee is 1,056. I apologize that I'm not better informed on that at this moment. The one they want to waive is having a sidewalk next to Eagle Road and I always anticipated it would be on Eagle Road. Now, that's not to say that the applicant had the same expectation at the time it went through the approval process. Sometimes we can all go along with different expectations and not find out until the end that they don't mesh, so -- de Weerd: Thank you. Hoaglun: Madam Mayor, kind of question Anna further on that. So, their request is for the fee waiver for a DA modification, but it could be if that -- whatever happens, them moving forward there is also going to be a variance, possibly in the -- Canning: It -- oh. Yes. Hoaglun: -- which is an additional fee, which is double the DA modification fee. Canning: And tonight all they are asking for is the DA modification fee, but the issue has come up before and specifically the Mayor and Councilman Rountree have asked me to notify you all when there may be another fee waiver request or possibly another fee coming up for that applicant. So, I just wanted to inform you. But they have not requested that tonight. de Weerd: Any further questions from Council? Okay. Hoaglun: Madam Mayor, just a comment. I'm kind of like Councilman Rountree a little bit where is this an issue where conditions have changed and they are in a situation that's a no win for them, but to do that, racking my brain to say, okay, how could we put it in such a narrow, tight, little box that are aren't going to have everyone else who can claim financial hardship to come forward and say, oh, you know, I have got a situation here, I want my fees waived and I don't know what that is. I'm willing to consider one, but I don't know what it is to put it in that airtight little box to say, okay, we can do it in this situation and this situation only, but I'm open to suggestions. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: Maybe this is a question for Mr. Nary. Would it be possible to say that we do require that the fee be paid, but we would reconsider that when we are actually in the discussion on the real subject? And perhaps pay it back or not. Meridian City Council December 7, 2010 Page 41 of 50 Nary: Madam Mayor, Members of the Council, Council Member Zaremba, I can tell you this -- and Mrs. Kilchenmann hates when I tell you this, but you always have the ability to refund the fees if you choose and it's not -- it's not unprecedented, it's certainly not common. But there have been occasions -- very, very limited that a decision was made to refund the fees based on circumstances that you find out later -- and, again, I recognize you folks are at a disadvantage at the moment, because some of the things that you might consider for that purpose you can't hear, because a hearing is pending or to be pending on this very matter. But you do have the ability later, if you choose -- and Mr. McKeegan renews that request, to refund the fees, because you believe there is a hardship or to waive a separate fee that may be necessary, like Mrs. Canning raised, that another fee that may be necessary because of changed circumstances, you may consider waiving that fee. So, you do have the ability. It's certainly not -- it's a done deal today if you choose to not waive the fee, but it's not a done deal forever in the sense that you could choose later to refund them for whatever purpose you direct. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: In that case I would propose a motion and my motion would be to deny the fee waiver request, but to notify the applicant that at the time we are considering the real subject, we would reconsider a reimbursement of it -- a refund of it. de Weerd: I have a motion. Do I have a second? Hoaglun: Second. de Weerd: Okay. Any discuss? Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I mean if you're going to waive it, waive it now. What you're doing is -- is -- you know, we should be getting to process things through the finance deal, but you're asking our financial to do it, administration fees of about 20 percent. So, I -- I either -- either pass it now or -- this refund thing is -- reimbursement is a pain for our staff and for keeping track of it and my thought right now is they either pass it or deny it. I don't want -- I'm not for looking down the road. de Weerd: Okay. This is a motion -- Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Meridian City Council December 7, 2010 Page 42 of 50 Zaremba: I would be unwilling to modify the motion to truncate it and say I move that we deny the fee waiver request, with no additional comment. de Weerd: Okay. Does second agree with that? I guess we still have an active motion on the table. Hoaglun: No, Madam Mayor, I do not. de Weerd: Okay. Well, Iwill -- Rountree: So, did you withdraw your motion? Zaremba: I would be pleased to withdraw my motion and bow to someone who wants to make an alternate one. de Weerd: Okay. I guess, Council, we -- every time we have a fee request for a waiver in front of us, you will have this very same situation and I guess if this is considered to -- that staff time in these reconsiderations or should -- in these cases should not be covered, then, I guess we have a policy issue here and I guess that's really what it comes down to. If you look at waiving this, it's -- you might as well look at waiving all of them that come in front of you. So -- because I did not hear and you cannot hear a lot of the details. So, it is a chicken and the egg thing, but I guess this does have some precedence -- ramifications on it as well. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Just because we have talked about everything, but approving the request, I'm going to throw this out on the table. An option might be to approve the request and waive the fee if they are successful in getting the development agreement modification change that they are ultimately wanting and that they would pay the fee if that's denied. de Weerd: I guess that's kind of just another way of looking at Councilman Zaremba's motion. Rountree: Well, at least that gives them -- if I'm successful I don't pay, if I'm unsuccessful I pay. In his it's just, you know, whatever we decide. Other than that, my motion would be the same as Mr. Zaremba's last motion to deny. de Weerd: Okay. Hoaglun: Was that a motion or was that a -- you were talking about -- Rountree: That was just for discussion. Meridian City Council December 7, 2010 Page 43 of 50 Hoaglun: Okay. And what I'm thinking is -- and here is where I'm coming from, why I'm looking at those types of options. It's because if a situation has changed that we would not as a Council originally put that condition on, then, they wouldn't be here asking for this waiver and that's -- and that's why I'm kind of -- we can't get into the situation and we won't know until that point in time we have it before us and it could be we look at it and go, well, we never would have done that if that was the situation that existed at that time they brought this forward and -- but at the same time there is a part of me that goes -- but how many others out there are like that as well and that's -- that's a concern have. But that's what I want to -- and that's why I'm looking at, you know, Councilman Zaremba's motion that he made earlier or Councilman Rountree, is the fact that do we have an option where they come in and they show it to us and we discuss it and go, well, of course, we wouldn't have done that and they wouldn't have been here if this had been done that way to begin with. But we don't know that right now. And that's why I want to preserve that option saying, okay, they move forward and we either refund or they don't pay if they win, just because I want to hear the situation that they are in. But won't know that until that future and at the same time I much prefer them to pay afterwards, because I'd hate to take their money now up front, create more cash flow difficulty, and if they convince us that we are in a situation here that we just can't deal with, then, they don't have that cash outlay that sounds like they could use for the time being, but that's -- that's just my view of it. Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I like to -- I wish there was a simple way that we could -- and personally -- me personally I'd like to waive their fees, but, you know, we went down Eagle Road and we have required that sidewalk at every place and so I think after -- what I'm afraid of -- and I think Bill and David hit it, I mean we are setting a precedence that -- and I'd like -- I'd like to have a couple of real good reasons that I could waive it, that would not set a precedence, but my little pea brain can't find one or two. Maybe you guys can. If you can find a precedence, I'm for waiving it, but I don't want to start something that is going to snowball on us, because I'm telling you there is -- there is a lot of -- a lot of buildings, developers and stuff out there that are hurting bad. We got to take into consideration on this deal. But if anybody can come up with a couple of good, solid reasons -- man, I'm for it, because what Ican't -- I can't really truthfully think of one. And eliminating the sidewalk I don't think is an option to me. de Weerd: Well -- and that can't be discussed anyway. Bird_ I know it. Canning: Madam Mayor, may I make one comment? de Weerd: Yes. Meridian City Council December 7, 2010 Page 44 of 50 Canning: Based on Councilman Hoaglun's comments. What I heard you say, Councilman, was that they would not pay if they prevail in the -- what they are requesting for the development agreement modification. So, the flip side of that would be they do pay if they lose. There is no mechanism for -- de Weerd: Collecting. Canning: Yeah. Collecting. Not that -- I'm not trying to disparage on the applicant, but that would be an unusual precedent to set in and of itself. Hoaglun: That's a good point to consider. Thank you, Anna. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I'm going to reintroduce my original motion, which is I move that we deny the fee waiver request- and suggest that we would reconsider a refund when we actually discussion the real subject. Hoaglun: I would second that. de Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Legal Department: Williams Pipeline Contract Discussion de Weerd: Okay. Item 8-D is our legal department. I will ask for comment from Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. This is, hopefully, a little simpler than the last discussion. The fire department and Public Works are also here. Basically, you have on your packet an agreement with the Williams pipeline and the information that we are requesting from Williams pipeline that is the basis of this agreement -- and this is, essentially, a confidentiality agreement that they are asking from the city -- is to provide GIS information to be used in our GIS system. This has some significance to the city in mapping and Ms. Jack is here from the Public Works Department, if you have specific questions about what the information is and Deputy Chief Silva is here as well from the fire department to explain what the value of this information is. The reason we asked to put this on -- and I'm going to raise this, along Meridian City Council December 7, 2010 Page 45 of 50 with a larger issue that relates to the same question -- in this agreement Northwest Pipeline has requested -- or required -- and we actually had this requested to be taken out and they returned it, so it is -- it is of significance to them -- that the agreement be governed by Utah law if there is a dispute between the city and Williams pipeline. The larger question is that we have a current agreement with another company that would like the disputes resolved in the state of New York if there is a dispute. Now, my opinion in this particular case of Williams pipeline, although that may seem cumbersome and troubling, there are occasions where we as a city may want to agree to these types of things and I will give you the easiest example. If the city is going to enter into a contract with Microsoft they are going to require that they resolve their disputes in the state of Washington and we say, no, we are going to require it in the state of Idaho, they are going to say go buy your .computers somewhere else, we don't care. So, there are circumstances where it is business practical to accept those terms and conditions and the evaluation that you as the City Council need to know is staffs recommendation on whether or not we feel it's a huge risk to the city to agree to something like that. In my opinion this agreement -- the information that we are seeking is of value to the city, will be of value to our department, and the risk to us to be in the dispute that we would have to resolve it using laws from the state of Utah is pretty small. Obviously I can never say never, you know how lawyers are, but generally the likelihood of us having a problem of significance that would require that is pretty small. So, the impact to the city -- the value of the information is greater than the potential impact to the city. So, we have no objection and would recommend you approve this agreement, but we didn't feel we have ever had this discussion with the Council to feel comfortable to simply waive that requirement or approve that requirement without your -- without your condoning it. And like I said, the larger question is how would you like these in the future. Would you like us to bring them to you individually? Would you like -- would you like to -- us to raise that to you when we feel it is a significant concern -- whatever your direction is is fine. How you want us to make that analysis at the staff level to bring it to you is whatever we will do, but this particular one that's in front of you is with Northwest Pipeline -- again, Ms. Jack could explain what the information is and how we are going to use it. She can tell you why it's of value to the city if you have any specific questions about it. de Weerd: Thank you. Would you like to comment? Jack: Madam Mayor and Council -- hi. de Weerd: Hi. Jack: So, this -- this information has been requested from the fire department in particular because of the fire hazard that is associated with -- with the natural gas pipeline and this is one of the first confidentiality agreements that we have really worked on associated with GIS data. We in house have sensitive GIS data that we currently protect and limit access and this data would fall in that same category, that we would -- we would protect it and we would not allow people to have access to it that don't need it -- that don't need access, other than the fire department, of course, who would need Meridian City Council December 7, 2010 Page 46 of 50 access. Other personnel would not have access and it would not be allowed to be shared with anyone. So, I feel comfortable with what we have in place, keeping our -- oursensitive data protected. de Weerd: Okay. Joe. Silva: Madam Mayor, Members of the Council, the fire department would find this information very useful and the pipeline corridor, obviously, goes at about a 45 degree angle across our jurisdiction and sometimes, though it has physical signs above ground that indicate kind of where that corridor exists, it's important as a planning tool to evaluate life hazards as the development's proposed along that pipeline corridor, so we have a -- in essence a consultation zone where we would take a look at the map and so we didn't inadvertently have high life hazard occupancies too close -- located too close to the pipeline corridor that might pose an unusual risk to the lives of the people in and around that pipeline and that's why it would be important for us in terms of just evaluating that level of hazard or risk. Zaremba: Madam Mayor? de Weerd: Mr. Zaremba. Zaremba: I would add that there are also some above-ground facilities. I know we have discussed with one project -- I think it was Meridian and Eagle Road, that there is an above ground presence there -- I don't know whether it's pressure regulation or pumps or something like that. That is useful information to our fire department and the GIS decision. I can understand why the Williams pipeline people would not want that to become public knowledge and I think the issue is if there were ever a dispute between them and us, if that knowledge got out -- and I think for safety reasons we should safeguard it -- I can understand why we need it, I can understand why we should not make it just a GIS layer that anybody can access and safeguard it. That being said, don't believe we are ever going to breach that agreement and I would be comfortable with it being adjudicated in Utah if it needs to be. The other bigger question -- my personal preference is I think I might prefer that when these instances come up that it is brought to the Council, as it was in this case, with a recommendation of which way to go on it. I think we probably should know. Rountree: Madam Mayor? de Weerd: Mr. Rountree. Rountree: Bill, to that particular question I agree that there ought to be notification if there is one of these that might be somewhat difficult for us to deal with. And I, too, agree that this is critical information that we just have to have access to for emergency response, for emergency situations, and for development. With respect to the eighth point in this -- about the confidentiality agreement shall be governed by -- you know, we all work with a general understanding of the laws of the state and ordinances and our Meridian City Council December 7, 2010 Page 47 of 50 rules. Is there some way to identify this particular data layer with maybe a spreadsheet or a listing of those things that -- in Utah statute that might be peculiar to Utah and something that we wouldn't be thinking about since we are used to dealing with Idaho's laws. If not, fine. But if there are I think it would be good to include that with the data layer, so when staffs looking at it they don't think, well, I'm in Idaho and it's confidential with this respect, but this is actually governed by Utah. Nary: Madam Mayor, Members of the Council, Council Member Rountree, one thing to make clear -- and there is a difference between how these conflict of law provisions work and this particular one says that the parties are agreeing to be governed by the laws of the state of Utah. Idaho courts can address that and use the law of the state of Utah to make that. So, there is -- there is not as likely a potential of us having to go to Salt Lake to resolve that. We have a different one with our benefits consultant that requires that we submit to the laws of the state of New York and the jurisdiction of the courts of the state of New York. So, that may mean you would have to go to New York to actually settle that. Again, most of the times we are not going to deal with that. We will work with Ms. Jack and the fire department to make sure if there is things that would be helpful to identify. Normally, if we -- if we want to consider it confidential for Idaho public records purposes, we won't give it out to anybody anyway, no matter what it is. So, we would probably be as protective as Utah, but we will verify that to make sure if there is something different that we need to label or identify it, we can certainly work with Public Works and the fire to make sure that's clear, so -- Silva: Madam Mayor, Members of the Council, just afollow-up comment with respect to Councilman Rountree's comment about that emergency response. That was one thing in the San Bruno incident that occurred just a few months ago that not sharing that information was critical to trying to mitigate that incident and I feel we have an opportunity to be pro active in terms of having that data layer available to us in terms of mitigating an incident should the need arise. de Weerd: I think that very same situation -- there was a lot of things that weren't paid attention to in that particular scenario, so --from the sounds of it. Hoaglun: Madam Mayor, I just wanted to weigh in on Mr. Nary's question about bringing in future waivers and what laws we are going to go by and I think it should come to the Council, unless it's absolutely just really routine, but to get your recommendation and -- but I think, you know, it's up to the Council to -- to get you off the hook when we point at you later if something goes wrong and say why did you do -- recommend this, but I think it's our decision and that way if something goes wrong it's -- the blame is ours, because maybe we didn't ask the right questions, that sort of thing, so that's where I think it rests. Nary: Great. Bird: Madam Mayor? Meridian City Council December 7, 2010 Page 48 of 50 de Weerd: Mr. Bird. Bird: What do you want, a motion to -- to go ahead with this? They haven't signed it, have they? Nary: No, I don't believe they have. I don't think that -- I don't think they have signed it here. Bird: You will bring it back when you get their signature and everything for the Mayor to sign? Nary: Well, Madam Mayor, Members of the Council, Council Member Bird, I'm looking at this particular agreement -- there is some that we -- that basically they want us to sign first and I think this may be one of them. I don't know -- I haven't talked to them directly. I don't know of either of you have. When we want it we usually have to sign it first. When we want them to provide it, we usually make them sign it first. So, here we want it, I think we are going to have to sign it before they will -- Bird: It's okay the way it's worded for you? Nary: Yes. Other than that, that was the only issue we have. Bird: Okay. Madam Mayor? de Weerd: Mr. Bird. Bird: I unless there is anymore discussion, I move that we approve the Williams pipeline contractor and for the Mayor to sign and the Clerk to attest. Rountree: Second. de Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Ordinance No. 10-1467: An Ordinance of the City of Meridian for Annexation of a Parcel of Land Being a Portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho: Located at 1085 S. Ten Mile Road: Request for Meridian City Council December 7, 2010 Page 49 of 50 Annexation and Zoning of a total of 115.26 Acres Consisting of 48.59 Acres to the C-C (Community Business) Zoning District; 27.27 Acres to the H-E Zoning District; 22.57 Acres to the M-E Zoning District; and 16.83 Acres to the R-40 Zoning District de Weerd: Item 9-A is ordinance 10-1467. Madam Clerk, will you, please, read this ordinance by title only. Jones: Thank you, Madam Mayor. An Ordinance AZ 09-008, Meridian Crossing for annexation of a parcel of land being a portion of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-C, Community Business District, H-E, High Density Employment District, M-E, Mixed Employment District, R-40, High Density Residential District, in the Meridian City Code, providing that copies of the ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. de Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Council, seeing no one jump up -- Bird: Madam Mayor? de Weerd: Mr. Bird. Bird: I move we approve Ordinance 10-1467 with suspension of rules. Rountree: Second. de Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. de Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. de Weerd: Could I have a motion to adjourn? Bird: So moved. Rountree: So moved. Meridian City Council December 7, 2010 Page 50 of 50 Hoaglun: Second. de Weerd: All those in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:20 P.M. (AUDIO RECORDING ON FILE OF THESE ,, MAYOR ,~y'~E~ ~ ~ 9 ''~ ~'` ~,oRPO~ar ti ''-~ Fo PROCEEDINGS) is /ai / ~c~ DATE APPROVED SEAL AT ESQ 9 ~~ 9 ~ ~ \; Ocf,_ T~s'~~ \\\, JAYCE . HOL AN, CITY CLERK