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HomeMy WebLinkAbout2011-10-04~„ E IDIAN~-- IDAHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, October 04, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for 2011 Fire Prevention Month "Protect Your Family from Fire" amended to read: Proclamation for 2011 Fire and Crime Prevention Month "Protect Your Family from Fire" (Pg. 2-3) 6. Consent Agenda Approved (Pg 3-4) A. Approve Minutes of September 20, 2011 City Council PreCouncil Meeting B. Approve Minutes of September 20, 2011 City Council Regular Meeting C. Approve Minutes of September 27, 2011 City Council PreCouncil Meeting D. Approve Minutes of September 27, 2011 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: MDA 11- 005 Walmart-Overland/Stoddard by Walmart Real Estate Meridian City Council Meeting Agenda -Tuesday, October 04, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan F. Sewer and Water Main Easement for Kingsbridge Subdivision #2 G. Professional Services Agreement with M.D. Willis for Transcription Services H. Professional Services Agreement with Powerhouse Fitness for Instructor Services I. Professional Services Agreement with Kristy Swinney for Massage Therapist Services J. Professional Services Agreement with Laurie McElroy for Instructor Services 7. Community Items/Presentations A. Check Presentation by Bob and Judy Ricketts of the Light My Fire Committee to the City of Meridian Fire Department (Pg. 4-6 ) B. Floodplain Variance Request of Building Addition at 975 E. Pine St by Ada County Operations Department Approved (Pg. 6-11) 8. Items Moved From Consent Agenda 9. Action Items A. Public Hearing from July 21, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C-G Zone Continued to November 15, 2011 (Pg. 11) B. Public Hearing: TEC 11-007 Bellingham Park Subdivision by Northside Management Located Approximately 1/4 Mile East of Meridian City Council Meeting Agenda -Tuesday, October 04, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. S. Locust Grove Road and 104 Mile North of W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat Continued to October 18, 2011 (Pg. 12) C. Public Hearing: TEC 11-006 Shops at Victory by DMG -Eagle & Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional Use Permit for the Shops at Victory Approved (Pg. 12-14) D. FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Way and W. Magic Spruce Drive Request: Final Plat Approval for 10 Residential Building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning District Approved (Pg. 14-15) 10. Department Reports A. Public Works Department: Outreach Plan for Water Conservation Plan (Pg. 15-16) B. Parks Department: Memorandum of Understanding between the Meridian Development Corporation and the City of Meridian for Downtown Trees and Tree Boxes for aNot-to- Exceed Amount of $25,000.00 Approved (Pg. 16-17) C. Parks Department: Budget Amendment for FY2012 for aNot- to-Exceed Amount of $25,000.00 for Downtown Tree Maintenance Approved (Pg. 17-18) D. Parks Department: Agreement Between the Ada County Highway District and the City of Meridian for Landscaping a Stormwater Facility Located at the Linder and Chinden Intersection, Project No. 611018 for aNot-to-exceed Amount of $25,000.00 Approved (Pg. 18-19) E. Parks Department: Budget Amendment for FY2012 for aNot- to-Exceed Amount of $25,000.00 for Landscape Installation at the Linder Road Stormwater Facility Approved (Pg. 19-20) F. Amended onto the Agenda: Mayor's Office: Discussion Regarding Redistricting Commission (Pg. 20-22) 11. Future Meeting Topics Adjourned at 7:53 p.m. Meridian City Council Meeting Agenda -Tuesday, October 04, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop ®ctober 4, 2011 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, October 4, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, John Overton, Parry Palmer, Steve Siddoway, Robert Simison, 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 and welcome to the Meridian City Council meeting. For the record it is Tuesday, October 4th. It's five minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 21 is our Pledge of Allegiance. If you will all rise and join us in our pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Stephanie Moore with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Moore: If you will pray with me. Our God, we thank you that we can count on you to be with us, that we can count on you to guide our city leaders and community members with your wisdom and we rely on you tonight, as always, for your input in what will make our community pleasing to you and what will be of help to our community. I thank you for the people who are here who are investing in that in a very concrete way this evening, in Jesus' name I pray, amen. Item 4: Adoption of the Agenda Meridian City Council October 4, 2011 Page 2 of 23 De Weerd: Thank you, Stephanie. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple things to note on tonight's agenda. Under Item 5, Proclamation, that proclamation for -- is for 2011 Fire Prevention and Crime Prevention Month, Protect Your Family. So, that was just mislabeled. I think the police department said the fire department had something to do with that, but it's both fire prevention and crime prevention month. No changes on the Consent Agenda. Under Item 9, Action Items, 9- A and 9-B, the two public hearings, there is a request to continue. 9-A the request is to continue to November 15th, 2011. 9-B is a request to continue to October 18th, 2011. And under Item 10, Department Reports, we would like to add 10-F, which is the Mayor's Office, a discussion regarding Redistricting Commission. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: Thank you. I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for 2011 Fire Prevention Month "Protect Your Family from Fire" amended to read: Proclamation for 2011 Fire and Crime Prevention Month "Protect Your Family from Fire" De Weerd: Item 5 is a proclamation and I will ask Pam Orr and Melissa Delaney to, please, come forward to the podium. Well, I -- it is with pleasure that I stand with our two crime prevention -- or crime prevention and fire prevention specialists. They do a lot in our community in being proactive in making sure that we keep our community safe. So, it's with great pleasure that I read this proclamation. Whereas the City of Meridian is committed to insuring safety and security of all those living in and visiting Meridian and whereas Meridian's first responders are dedicated to reducing the occurrence of home fires and crime through prevention education and whereas Meridian's residents are responsive to public education measures and take personal steps to increase their safety from fire and crime and whereas the 2011 Fire Prevention Month theme, Protect Your Family From Fire and the 2011 Crime Prevention Theme is Celebrating Safe Communities, effectively serves to remind us all of the simple actions we can take to stay safe from fire and crime, therefore, I, Mayor Tammy de Weerd, of the City of Meridian, do hereby proclaim the month of October 2011 Fire Prevention and Crime Prevention Month throughout the city. I urge all citizens of the City of Meridian to heed the important safety message of preventing home fires and crime in support of Meridian City Council October 4, 2011 Page 3 of 23 public safety and a safe community. And I signed this today and I would like to ask Pam or Melissa if they would like to make any comments. Delaney: Add on to celebrating our safe communities, tomorrow night is kind of an important night for -- where we will be celebrating some Neighborhood Star awards. So, it kind of goes along with this and I would encourage you to attend. But other than that just thanks for acknowledging two very important months for both Pam and myself. Orr: And I would like to just piggyback that on October 22nd we are coming together as a joint effort for Public Safety Day at Meridian Fire Station No. 1. So, that runs from 10:00 to 2:00 and it's an opportunity for the community to come out and learn all that we do, but not only that, to learn how to keep their family safe from both fire and crime. So, along with that both of us will be doing quite a few events throughout Meridian in the schools and in other public venues that -- that we have been requested at. And so it's going to be a really busy month for us and so thank you, Mayor Tammy, for supporting us in this. We appreciate it. De Weerd: I would also like to thank you, Melissa. We had a neighborhood summit last month that was well attended by some of our neighborhood association representatives and our neighborhood watch captains. A lot of good feedback on that. Lisa and I did a program that we work with through the Mayor's Anti-drug Coalition and so it was a good event that gave a lot of good tools on how to improve the safety and create community within those subdivisions in the City of Meridian. So, thank you. Item 6: Consent Agenda A. Approve Minutes of September 20, 2011 City Council PreCouncil Meeting B. Approve Minutes of September 20, 2011 City Council Regular Meeting C. Approve Minutes of September 27, 2011 City Council PreCouncil Meeting ®. Approve Minutes of September 27, 2011 City Council Regular Meeting Meridian City Council October 4, 2011 Page 4 of 23 F. Sewer and ln/ater Main Easement for Kingsbridge Subdivision #2 G. Professional Services Agreement with I~.®.ln/illis for Transcription Services H. Professional Services Agreement with Powerhouse Fitness for Instructor Services I. Professional Services Agreement with Kristy Swinney for Massage Therapist Services J. Professional Services Agreement with Laurie McElroy for Instructor Services De Weerd: Okay. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: There were no changes to the Consent Agenda, so I'd move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: 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 7: Community Items/Presentations A. Check Presentation by Sob and Judy Ricketts of the Light My Fire Committee to the City of Meridian Fire ®epartment De Weerd: As I get into this next community item I think, Melissa, I do want to note one more thing about the neighborhood summit and neighborhood watch in general and the value of these community prevention programs. If we did -- we did an overlay in the police department of crime in our communities and where there are Neighbor Watch organizations within our city there is notable lower crime and I think really helps to have that preventive program where you have an additional set of eyes on the streets and it's Meridian City Council October 4, 2011 Page 5 of 23 not only that, it's what do you do with the information when you have it. So, having partners helps us create a safer community and I think that is very well worth noting. So, hats off to you and to our next community organization as well. These folks I have had the -- the honor of being part of the banquet this last year and what an energetic and dynamic group of -- group in raising money and their passion about this next topic. So, I will ask Pam to come on up and introduce this item. And, I'm sorry, I didn't turn around that podium, but you can just shift it around if you would like. There. Thank you. Orr: Well, I have the pleasure of presenting to you or to -- I'd ask for Bob Ricketts, who happens to be our fearless leader in the Light My Fire committee. This group of dynamic volunteers, they are just an amazing group, just as Mayor Tammy already said. They have been working to help us prevent fires by doing fundraisers, so that we financially have a little bit of extra that really has helped in our community and they not only do that, but a couple of years ago they also implemented some additional funds towards our burnout fund as well. So, all proceeds that they -- that they bring in from both the banquet and an annual golf tournament now -- this is how energetic this group is -- all of it goes back to the Boise and Meridian departments in one way -- whether it's prevention or in the burnout fund. So, I have two members of the group here tonight, Bob Ricketts, who -- he just so happens to be our fearless leader, he and his wife Judy, and, then, I have Mary Calhoun, who many of you may know she was our -- she won a community volunteer for the City of Meridian a couple of years ago. So, just so busy these two. So, they would like to present, ma'am, the city with a check for the department. So, if you two would like to come up. And I would like to say also -- Parry Palmer, who is, you know, my new boss as the fire marshal, he -- prior to receiving this job he worked on our committee for many years and so -- and he still is on our committee as well. So, chief, would you like to come up as well, please. Ricketts: Madam Mayor, Council, it's my pleasure to be here this evening. De Weerd: Thank you, Bob. Ricketts: And I want to personally thank you for joining us at our February event this last year and we hope you had a good time and -- De Weerd: We did. Ricketts: We always do, so we hope those who join us do also. De Weerd: We walked away slot -- with a lot less in our pocket. Ricketts: I brought it back. De Weerd: Well, good. Thank you. Meridian City Council October 4, 2011 Page 6 of 23 Ricketts: It all comes around. But do want to encourage any of the other rest of the City Council to try and maybe join us in the future if you can. Just so you can mark your calendars, February 11th of 2012 is our next event and so if you have the opportunity to come join in our festivities, please, do so, because we guarantee you, hopefully, you will have a good time. I want to say it's been a real pleasure to have the association with the City of Meridian and for us to be able to, you know, help raise money for what we feel is an extremely important need and fire prevention is a -- is something that's really dear to our hearts and we have a bunch of passionate people on this committee and we recruit I think probably the best folks in the community here to help us on this and they do just a bang up job. They -- you know, they give me the credit, but, believe me, they do all the work, you know, so if you ever have the opportunity to mention thanks to some of those people they do a lot of hard work. I also want to thank Pam for all that she does. She was a -- when we brought Meridian into the Light My Fire organization, boy, she was a -- I don't want to say a ball of fire, but -- wrong terminology. But she -- she really lit things up. She really did. And our community just welcomed her and she fit in really well and, as you know, when -- or I'm sure you know, she's a doer and so, anyway, I want to thank Parry also for all his contributions. Parry's kind of our main man on the golf tournament and he does a wonderful job for us and so we want to thank him immensely for that. Tonight we have a couple of checks. We have two checks, actually, and one check is for the -- the fire prevention and that check for 8,880 dollars for the fire prevention. And for the Meridian burnout fund, which we have recently contributed to, we have an additional 2,200 dollars for them and that's money that goes right to the -- to the citizens of the City of Meridian from the fire department itself to help those people when they need it the most. It's before us insurance guys can get there and the Red Cross and so forth. These guys do a wonderful job and we are happy to contribute to them. De Weerd: Thank you. Ricketts: With that, again, we are -- we are still firing and ready to go. We are going to hope we come back with more checks next year. De Weerd: Well, thank you, Bob, and Mary for being here this evening and thank you to the organization for the support you give our community, to our prevention programs and our burnout fund. All of it makes a difference in our community. Thank you. Oh, Frank will probably want a photo. B. Floodplain Variance Request of Building Addition at 975 E. Pine St by Ada County Operations ®epartment De Weerd: Okay. Item 7-B is our floodplain variance request and I will turn this over to Warren. Stewart: Madam Mayor, Members of the Council, I'm actually going to turn the time over to David Miles, but before he -- or while he makes his way to the podium I want to just -- this is his first opportunity to actually appear before the Council, so many of you Meridian City Council October 4, 2011 Page 7 of 23 may know him, but some may not. He is -- David Miles has joined us as our new surface water program administrator. One of his roles is to serve as our floodplain administrator and we are very grateful to have his knowledge and experience and -- within the Public Works Department and look forward to working with him and he's going to take a few moments, maybe say a couple things about himself, but also give you some background on this issue. Miles: Thanks, Warren. Good evening, Madam Mayor and Council Members. Thanks for the opportunity tonight. As Warren said, I have been with the environmental division for about five months and I'm excited to be here with the city. It's a great organization as far as I can tell. It's been a lot of fun to work with. Tonight I'm here in support of a floodplain variance request by the Ada County Operations Department for a construction project which is 975 East Pine, which is just west of Locust Grove. This building is a unique situation for the floodplain, because it's located in a special flood hazard area in the floodplain. It's been constructed originally in 2006, but since that time our ordinance has changed and we -- and the floor height requirements under the floodplain guidance has increased. So, we have an existing building that is constructed at an elevation zero, for simplification of terms and that proposed addition would be required to be built one foot above that. This building is used for traffic flows within the building. They supply pesticides onto trucks and off of trucks and make transitions of these vehicles back and forth through the building. So, to have a one elevation change would be a difficult issue to resolve in the design aspect. In our floodplain ordinance, flood proofing is a technique that's not in our ordinance, however, is approved under FEMA techniques to be used. In our ordinance we also have the -- the section for variances, which is why we are here tonight, because they are to be heard by City Council and we worked with the applicant to discuss possibilities in variations of what would work best and determined that a variance to allow the flood proofing of the building to be constructed at the same elevation of the existing building with the techniques to flood proof the outside of the building to still protect it from flooding, was a viable solution. So, with that I will turn it over to any questions that you may have either now or after we have the applicant here, Angie Cornish from Engineering and Waste Solutions and she will provide you some more of the technical information from the building and their specific request. De Weerd: Thank you, David. Council, any questions right now? Rountree: I have none right now. Bird: Not at this time. De Weerd: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Oh, just -- David, hold on. Mr. Zaremba. Meridian City Council October 4, 2011 Page 8 of 23 Zaremba: Thank you. Sometime around when that was a new building I had the opportunity to take a tour of it, in my recollection, and as I think you mentioned, they do -- it's where they keep a whole lot of nasty chemicals. Miles: Yes. Zaremba: Even if it's flood proofed, is there -- if the new requirements -- or if the new floodplain is a foot higher, whatever is causing the new requirement to be a foot higher, is there any opportunity to asked them to put like a one foot rack underneath their storage area, so even though their floor level is equal to the other floor level and they are not tripping over stuff going up and down, at least chemicals are a foot higher by just having some kind of rack? De Weerd: Councilman Zaremba, they are already ahead of you on that. Zaremba: Okay. All right. Well, some of the things were very big. As I recall they were huge and that might be difficult, but -- Miles: Madam Mayor, Councilman Zaremba, it is a chemical pesticide storage building, but we have worked with the applicant and they have resolved that and, in fact, as part of their presentation the chemical storage will be elevated to the current ordinance requirements and will be stored in its own separate housed portion of the building. So, they have addressed that. Zaremba: Okay. Miles: You're welcome. De Weerd: Thank you. If you would, please, state your name and address for the record. Cornish: Madam Mayor and Council Members, my name is Angela Comish. My company is Engineering and Waste Solutions and I am a civil engineer on the design team for Ada County operations for this addition. You have a little drawing in front of you that just kind of shows that building. The upper left kind of corner of it is actually the existing building. So, yes, right there. That section right there is the existing one. And, then, when you see all the kind of striping it looks like diagonally, that's the addition right there for the parking and, then, just a little bit below that is a chemical storage area that he was just talking about that will be elevated the two feet above the floodplain elevation. So, that parking area you can see is proposed to still be a foot above the floodplain elevation, which meets FEMA standards and will match the rest of the building where we will be driving vehicles through and as a civil engineer trying to figure out grades, that one foot difference is pretty impossible to try and handle inside of a building. If it was a parking lot I could grade it, but I can't really do that inside of a building. So, it will make this building nonfunctional if we are not able to match that and the county's operation staff and myself have met with Dave and Tom, they were very Meridian City Council October 4, 2011 Page 9 of 23 generous to work with us to try and come to a reasonable solution that met FEMA's requirements and came as close as we possibly could to meeting the city's ordinances and the city's ordinances changed, like you said, between the time this first portion of the building was constructed in '06 and now. So, it wasn't anybody's intent to try and bypass anything when it was constructed, at the time it was done per the city's ordinances and FEMA, it's just the city's ordinance has increased to require a two foot clearance, instead of just the one foot clearance above the flood elevation. Does that make sense? De Weerd: Yes. Cornish: Okay. So, that's really it. If you have any other questions of me I'm more than happy to answer as best I can. De Weerd: Thank you, Angela. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Angela -- and we had to change our ordinance, because FEMA changed the ordinances and -- but my understanding is, basically, at the openings and whatnot you would put in some sort of flood proofing? Comish: Correct. Hoaglun: So, if there is an incident, flooding, then, the doors are closed and -- Comish: Exactly. Hoaglun: -- keep it watertight and -- Comish: Exactly. Hoaglun: -- we are all -- Comish: And not only that, but an actual written plan and a document for the staff that's in that facility so you know exactly what to do in that event, so that maybe take a proper measure at that time. So, there is a document that will describe the measures they need to take during an event like that. And also, too, if you look at this building, just -- just so you understand, it's a storage building. There is not offices in there, there is no sewer going to it. This is not a building that, you know, some day next they might change it and make it an office. We aren't trying to trick anybody, this is just truly a storage building and it just will help cover these vehicles that have the chemicals and things in the back of them, so it's just a good way to kind of contain it and protect those and protect the environment. Meridian City Council October 4, 2011 Page 10 of 23 Hoaglun: Thank you. De Weerd: Any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Thank you joining us. Cornish: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I don't see a variance number attached to this. Do we need to take an action on this and -- how would we reference it without a variance action -- a variance number? De Weerd: Mr. Nary? Nary: Madam Mayor, Members of the Council, Ithink -- let me see what's in front of you. I was looking at something else. Miles: Madam Mayor, if I may? De Weerd: Yes. Miles: This -- by ordinance a variance is requested to the City Council, so what we are recommending is to support the variance request, so that, then, the permit application -- applicant can file the permit and we can review the permit to meet the criteria of the variance and the ordinances. De Weerd: Council, his question was do we need a variance number to reference for the record. Nary: Madam Mayor, Members of the Council, if the motion of the Council is to approve the variance request we can prepare an order for your agenda next Tuesday to then move that forward, so they have some documentation to prove that it was granted. De Weerd: Okay. Very good. Zaremba: Thank you. That would work for me. Madam Mayor? Meridian City Council October 4, 2011 Page 11 of 23 De Weerd: Mr. Zaremba. Zaremba: I move that we approve the floodplain variance request for the building addition at 975 East Pine by Ada County Operations Department. Rountree: 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. Item ~: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Action Items A. Public Hearing from July 21, 2011: A 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-~4 Request: Annexation and Zoning of 116.25 Acres of Land From RtJT in Ada County to C-C Zone De Weerd: Under Item 9, Action Items. Item 9-A has been requested to continue to November 5th, for the purpose of continuing this I will officially open the public hearing on AZ 11-001. With that said do I have a motion to continue this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 9-A to November 15th, 2011. Hoaglun: Second. Rountree: I have a motion and a second to continue 9-A to November 15th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council October 4, 2011 Page 12 of 23 B. Public Hearing: TC 11®007 Bellingham Park Subdivision by Northside Management Located Approximately 1/4 Mile East of S. Locust Grove Road and 1/4 Mile North of 1IV. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat De Weerd: Item 9-B is a public hearing on TEC 11-007. Again, this item has been requested to continue to October 18th. City Council, do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 9-B until October 18th, 2011. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 9-B to October 18th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: TEC 11-006 Shops at Victory by ®MG ®Eagle ~ Victory, LLC Located at 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat and Conditional flee Permit for the Shops at Victory De Weerd: Item 9-C is a public hearing on TEC 11-006. I will open this public hearing with staff comments. Friedman: Thank you, Members of the Council. This is a time extension for the preliminary plat and Conditional Use Permit for the Shops at Victory. Those approvals were granted originally in September of 2008. They did request an extension of the director in 2010. That was granted in March of 2010. However, citing current economic conditions the developer is not ready to proceed with the actual development and under the UDC they are seeking the Council's approval for a time extension to continue both the preliminary plat and the CU for the drive-thru establishment. Council may recall that we actually modified the development agreement about a year ago to extend the life of that agreement, so that was another previous action by the Council. At this time staff does not foresee any need for additional conditions and we'd recommend approval of the time extension, subject to all the conditions that are currently in place. The applicant is here today. He has indicated he is in agreement with the staff report and recommended disposition of this. So, that's -- I'd be happy to answer any Council questions. De Weerd: Thank you, Pete. Council, any questions? Meridian City Council October 4, 2011 Page 13 of 23 Rountree: I have none. Bird: I have none. De Weerd: Does the applicant have any remarks? Good evening. Coins: Hi. De Weerd: If you will, please, state your name and address for the record. Goins: Greg Goins. DMG Real Estate Partners, 350 North 9th, Boise, Idaho. De Weerd: Thank you, Greg, for joining us. Coins: Well, thank you. My only comments are I really wish to express my appreciation and my partners' appreciation, Dave McKinney, for the city's willingness to work with us during these challenging economic times. We really believe there is going to be an opportunity to fulfill the development plan that we have for this property, but we need the additional time to kind of work through some things that continue to stand in the way of finalizing what we hope is going to be a deal with a drug store tenant one of these days. Also wish to express appreciation for Pete and the planning staff, they worked very well with us as we have tried to progress this, so thank you and we appreciate it. De Weerd: Thank you. Rountree: Thank you. De Weerd: This a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Council, seeing no further comment, do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 11-006. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on 9-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 4, 2011 Page 14 of 23 Bird: I move we approve TEC 11-006 and include staff and applicant remarks. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-C. Any discussion on this item? 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. ®. FP 11-008 Spurwing Grove No. 2 by SWG Brighton, LLC Located at Northwest Corner of N. Jayker Way and W. IVlagic Spruce ®rive Rec{uest: Final Plat Approval for 10 Residential building Lots and 2 Common Lots on 3.03 Acres in an R-8 Zoning ®istrict De Weerd: Item 9-D is FP 11-008. I will ask for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. The application before you tonight is for a final plat approval for ten residential lots and one common lot in the Spurwing Green Subdivision that was approved by Council last October -- actually, about a year ago. This is the second final plat proposed for Spurwing Green. The proposed plat is in full compliance with all the conditions of the preliminary plat and staff recommends approval. The applicant has reviewed the conditions and has indicated that they are in agreement also with the staff report and the recommended conditions of approval. De Weerd: Thank you, Pete. Any comments? Okay. Thank you, Mike. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the final plat for Item 9-D, Spurwing Grove No. 2, FP 11-008. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-D. Is there any discussion by Council? Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council October 4, 2011 Page 15 of 23 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: ®epartment Reports A. Public UVorks ®epartment: ®utreach Plan for 1Nater Conservation Plan De Weerd: Under Item 10, Department Reports, we will start with our Public Works Department. Warren. Stewart: Madam Mayor, Members of the Council, you may recall last week Kyle Radek of my office brought a water conservation plan before you and as part of that plan presentation you had requested a plan for public outreach. I believe he put together a -- along with the Mayor's office a public outreach plan and submitted that to you for your review and he was unable to be here tonight due to some family commitments that he had and so I will try and answer any questions that you may have in regards to the plan that he gave you, but I also know that Robert Simison was instrumental in working with him and putting that together, so he might be able to fill in on some of the details if -- if I don't have the answers. So, I will stand for any questions that you may have. De Weerd: Okay. Council, any questions regarding this item? Bird: I have none, Mayor. Hoaglun: Just -- Madam Mayor, just a note that -- and I think it's a good plan. It's there. It something to do. It's just -- we are getting into the holiday season, it's just always tougher for people to focus on those things as we head into Thanksgiving, but I think we are early enough that it's better now than between Thanksgiving and Christmas, so it's just one of those things that's always hard to capture people's attention, but I think we have got a plan at least then we will bring awareness to it by the public. De Weerd: Any of other comments from Council? Rountree: Madam Mayor, I'd reflect the same concern is that it is the holiday season and folks are probably not interested particularly towards the end of the schedule that's set up to participate in these kinds of events, so you might want to look at that, but in terms of plan and the outline and what is to be accomplished it looks spot on. Stewart: Thank you. De Weerd: Okay. Any other comments? Meridian City Council October 4, 2011 Page 16 of 23 Stewart: Madam Mayor, Members of the Council, maybe a little bit of direction. Would you prefer to see the initial outreach moved until after the holiday season or should we just plan to follow it up with a secondary set of events to sort of get that message out after the holiday season is over? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think while the season is coming up we are basically off the schedule we are finishing by November 22nd. I -- I don't think we want to delay it anymore. I -- you know, if not you're throwing it into next year. I would say we go ahead with it on November 22nd we can discuss steps at that time and if you want to delay it until after the holiday season, then, we do. That would be my -- that would be my preference. Rountree: That works. Hoaglun: Works forme as well. De Weerd: Okay. Stewart: Thank you. B. Parks Department: Memorandum of Understanding between the Meridian Development Corporation and the City of Meridian for Downtown Trees and Tree Boxes for aNot-to- Exceed Amount of $25,000.00 De Weerd: Item 10-B is our Parks Department. I will ask Mr. Siddoway to present this item. Siddoway: Thank you, Madam Mayor, Members of the Council. The next four items are mine. It's actually two -- two items with each with an agreement and a budget amendment associated with them and the good news on the budget amendments are that they are a net zero impact to the city's budget and I will go over that for you. So, Item B is the memorandum of understanding between MDC and the City of Meridian. As you know, we have a downtown tree well replacement program and MDC has offered to increase our budget by 25,000 dollars that they would reimburse to the city for us to be able to replace more tree wells per year than we currently do. It would give us the ability to do about four more per year, but in order for us to spend that money that they are offering we need to get it added into our budget, so Item B is the memorandum of understanding that would specifically ask us to give them a list of the trees in June of each -- prior to each fiscal year. MDC board would, then, approve that. We would, then, do those the following fiscal year and, then, we would submit our invoices and proof of payments to them for reimbursement, at which time they would reimburse the city that amount. So, then, Item C is that budget amendment for a not to exceed amount of Meridian City Council October 4, 2011 Page 17 of 23 25,000 dollars to be added to our budget, but, then, would be reimbursed by MDC and will stand for any questions. De Weerd: Thank you, Steve. Council, any questions? Okay. That leads to the next item, Item 10-C is a budget amendment to authorize revenue and expenditure. Siddoway: Madam Mayor, we do need a motion on Item B as well for the MOU. Bird: Yeah. De Weerd: Thank you, Steve. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve MOU between the City of Meridian and Meridian Development Corporation. Hoaglun: Second. De Weerd: I have a motion and a second to approve the MOU. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Parks ®epartment: Budget Amendment for FY2012 for a IVotto~ Exceed Amount of $25,000.00 for ®owntown Tree Maintenance De Weerd: Item 10-C. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-C, the budget amendment in the amount of not to exceed 25,000 dollars for downtown tree maintenance. Hoaglun: Second. De Weerd: I have a motion and a second on Item 10-C. Any discussion? Meridian City Council October 4, 2011 Page 18 of 23 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Parks Department: Agreement between the Ada County Highway District and the City of Meridian for Landscaping a Stormwater Facility Located at the Linder and Chinden Intersection, Project No. 61101 for a Not-to-exceed Amount of $25,000.00 De Weerd: Item 10-D is also Mr. Siddoway. Siddoway: Thank you, Madam Mayor, Members of the Council. These next two items are related to the project with the Ada County Highway District. As you know we maintain the landscaping at the storm drainage facilities that ACRD constructs within the city. We have an existing master agreement that covers those. The reason why this one is not simply an addendum to that existing agreement and is an accepted agreement are two fold. The main reason is, number one, it's not in the existing city limits, though it is in our area of impact and the existing agreement specifically refers to city limits and existing annexed properties. This property is on Linder Road between McMillan and Chinden. It's part of the ACHD project that's underway in that area. It is part -- adjacent to Lochsa Falls Subdivision and is an area that will be annexed to the city in the future. The -- ACRD did have a construction project underway with the road improvements that are up there. However, when we got to review the -- the construction plans they had, you know, sprinkler heads and different things that didn't match what we currently maintain. They would plug more easily, et cetera. We asked them to change them. They actually offered to pull their project and allow us to move forward and manage that project for them, so that we get what we want to maintain. So, the agreement is one for us to manage that construction project for them, it's the landscaping part of that project and, then, we would take over that with the others that we currently maintain. The ACRD would pay for and reimburse us for the cost of construction on that project, so the Item D is the agreement for us to manage that project and Item E is a budget amendment also for a not to exceed amount of 25,000 dollars that ACRD would reimburse us to do that landscape project for them. And I will stand for questions. De Weerd: Thank you, Steve. Council, questions? Bird: I have none. Rountree: None. Zaremba: Madam Mayor? Meridian City Council October 4, 2011 Page 19 of 23 De Weerd: Mr. Zaremba. Zaremba: I do have kind of a sideways question, since you mentioned that this is not at the moment annexable, but will be at sometime. The other storm water facilities where we maintain landscaping, have they all been annexed into the city and -- Siddoway: Yes. It's my understanding that they are all currently annexed sites and that's why they are part of the existing agreement. Zaremba: Good. Okay. Thank you. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agreement between Ada County Highway District and the City of Meridian for the management of a landscape project for Item 10- D. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-D. Any discussion on this item? Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Parks ®epartment: Budget Amendment for FY2012 for a Nottom Exceed Amount of X25,000.00 for Landscape Installation at the Linder Road Stormwater Facility De Weerd: Item 10-E is the budget amendment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item D-E, the budget amendment not to exceed 25,000 dollars for landscaping installation management on the storm water facility at Linder. Meridian City Council October 4, 2011 Page 20 of 23 Zaremba: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of you on Item 10-E. If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Siddoway: Thank you very much. F. Amended onto the Agenda: Mayor's ®ffice: ®iscussion Regarding Redistricting Commission De Weerd: Thank you, Steve. Item 10-F. I will ask Robert to make comments. Simison: Madam Mayor, Members of the City Council, as you may recall we came before you in June to talk about the re -- the commission for reapportionment that was meeting and at that time received direction from City Council on writing a letter regarding what we would like to see as far as legislative districts here in the City of Meridian. For those of you who haven't followed the process, the first redistricting commission didn't succeed in time and they have been replaced by six new members. They are having a public hearing on Friday in Boise from noon to 2:00 and I believe we have made arrangements before the Mayor to attend to give the city's perspective on this issue, but want to make you aware of that. And in addition lalso -- in what I have handed out to you, the first item is the final map that was submitted by the previous six commissioners, which shows the agreement that they said they would all sign off to. In this map Meridian potentially could have five legislative districts. We could also potentially have zero people that live in the City of Meridian in one of these five districts. So, I -- one of the directions I'd like to seek some guidance from you on is if we were to revise our letter that we had previously sent to the commission, making any specific comments regarding the proposed map that was agreed to, or if we should just send them our -- make sure they have our previous version and stick to those points. So, with that I'm -- I'm open to hear comments or suggestions you have about how you would like us to proceed forward. De Weerd: Thank you, Robert. Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 4, 2011 Page 21 of 23 Zaremba: The new commission is not required to accept the old commission's late submission, but there seems to be some opinion, I guess, that they may use it as a starting point and in that case I would encourage us to make a specific new letter that addresses what they are proposing. In looking at this map I am not finding enough reference points to really understand what those districts -- there is no street names or anything on here that I recognize to locate exactly what they are having, but I think it might be wise to analyze this version and submit our comments. One man's opinion. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. I would like to see us move forward and have you discuss as we did before about having to try and attempt to have Meridian as close to one single district as possible. I know it may not be possible, it's very difficult to get the numbers to work, but when you look at this map and they taking neighborhoods -- say Bridgetower where I live and they are actually splitting that neighborhood within two legislative districts, it just -- it just doesn't make sense. I know they are following some roads here, but you have got one subdivision that's being divided in half. Anyway, I'd just like to see a letter talk about keeping the core of Meridian whole if at all possible. I know they may have to be -- right now we are at three legislative districts, but to jump that to five and -- and the three we have now there is a common interest between them all, even though we are tied to Kuna and to Eagle, but there is a lot of common interest, but as we go east to west, tying this into parts of Boise -- there is some differences here and there is some things that I don't think will work quite as well, but it's just something we can make a recommendation and request and what they do with it from there remains to be seen. De Weerd: Kind of like we did before. Hoaglun: Yes. Absolutely. De Weerd: And, you know, I guess, Council, I would remind you that before we sent that letter and the accompanying map we did talk to all of our elected -- or most of them that -- the ones that are inside the city. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I agree with what David said in terms of not having enough reference points on the proposed map, other than it seems like some of these districts -- I assume 22 is one of them that would be part of Meridian and 14, which seemed to spread across the county north to Gem county and south at least almost to the Snake River. So, I'm not sure that that's consistent with trying to keep our community and our community values together, but I also agree with Councilman Hoaglun that we ought not to split up the neighborhoods if we can best do that and we present the case to the new commission Meridian City Council October 4, 2011 Page 22 of 23 along the lines of what we presented before and I would like to see that before it goes to press in terms of the map and suggested comments back to the new commission, much along the lines of our letter of June 21st. De Weerd: Okay. Simison: I would make the recommendation that we probably wouldn't update our -- the map that we sent, just resubmit that from our previous version, but to reiterate maybe focus more on the map that was -- they were presented with and the issues that we may have with that map that doesn't go with what we originally recommended. Rountree: That's fine. Zaremba: Madam Mayor, that works for me. Bird: Works for me. Item 11: Future tVleeting 'topics De Weerd: Thank you. Okay. Council, Item 11 is future meeting topics. Any items that have been brought to your attention that need to be placed on future agendas? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we adjourn. Bird: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:53 P.M. Meridian City Council October 4, 2011 Page 23 of 23 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~; d ~j ~~~ City of ~. ~ ~~~~ SEAL ~~ t}~ T~Ekgtl ~ v ~ ~~ ~ dog/ DATE APPROVED OLMAN, CITY CLERK