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HomeMy WebLinkAbout2011-11-01E IDIAN.--- ~D~Ha CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 01, 2011 at 7:00 PM UPDATED AGENDA 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 and Posting of Colors by Scout Troop 104 with the LDS Church Sherbrook Ward 3. Community Invocation by Pastor Tim Pusey of Valley Shepherd of the Nazarene Vacated 4. Adoption of the Agenda 5. Proclamation A. Proclamation Declaring November Pancreatic Cancer Awareness Month (Pg. 2-3) 6. Consent Agenda Approved (Pg. 3-5) A. Approve Minutes of October 18, 2011 City Council Regular Meeting B. Sole Source Approval for Sensus Brand Water Meters for FY12-FY16 C. New World Records Billing Agreement with the Ada County Sheriffs Office for Fiscal Year 2011-2012 for aNot-to-Exceed Amount of $17,379.18 D. Award of Task Order 10045 "City of Meridian Wastewater Treatment Plant Fermentation Design Project" to CH2M Hill for the Not-To-Exceed Amount of $255,194.00 and Authorize the Mayor to Sign the Task Order and City Clerk to Attest Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 1 of 4 ~' 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. E. Final Order for Approval: PFP 11-002 VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District F. Findings of Fact, Conclusions of Law for Approval: PFP 11-002 VanAukenSubdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District G. Findings of Fact, Conclusions of Law for Approval: RZ 11-002 Southridge Apartments by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R- 15Zoning Districts H. Final Order for Approval: FP 11-009 Zebulon Heights Subdivision No.4 by Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval of 12 Single-Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres I. Final Order for Approval: TEC 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 W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat J. Final Order for Approval: TEC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat K. Resolution No. 11-813: CPAM 11-001 Southridge Apartments by The Farran Group, LLC Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 26.38 Acres of Land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 2 of 4 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. 7. Items Moved From Consent Agenda 8. Items 9A-9F were moved from Department Reports A. (9A) Mayor's Office: Resolution No. 11-814: A Resolution Appointing Sharon Borton to the Seat 5 of the Meridian Parks and.Recreation Commission Approved (Pg. 5-6) B. (9B) Mayor's Office: Resolution No. 11-815: A Resolution Appointing Devon Pogue as the Youth Commissioner of the Traffic Safety Commission Approved (Pg. 5-6) C. (9C) Mayor's Office: Resolution No. 11-816: A Resolution Appointing Matt Zeller as the Youth Commissioner of the Historical Preservation Commission Approved (Pg. 5-6) D. (9D} Mayor's Office: Resolution No. 11-817: A Resolution Appointing Koryne Miller as the Youth Commissioner of the Solid Waste Advisory Commission Approved (Pg. 5-6) E. (9E} Mayor's Office: Resolution No. 11-818: A Resolution Appointing Kevin Fowers as the Youth Commissioner of the Parks and Recreation Commission Approved (Pg. 5-6) F. (9F} Mayor's Office: Resolution No. 11-819: A Resolution Appointing Megan Murphy as the Youth Commissioner of the Meridian Arts Commission Approved (Pg. 5-6) 9. Action Items A. Continued from October 18, 2011 -Public Hearing: RZ 11-003 Kingsbridge by BHH Kingsbridge, LLC Generally Located East Side of S. Eagle. Road; Midway Between ~E. Victory Road and E. Amity Road Request: Rezone of 38.31 Acres of Land from the R-2 Zoning District to the R-4 Zoning District Approved (Pg. 6-15) B. Public Hearing: MDA 11-006 Kingsbridge.by BHH Kingsbridge, LLC Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Amend the Draft Development Agreement Approved with the Previous Kingsbridge Development Agreement Modification Application (File #MDA 11-004) Approved (Pg. 6-15) Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 3 of 4 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. C. Findings of Fact, Conclusions of Law for Approval: RZ 11-003 and MDA 11-006 Kingsbridge by BHH Kingsbridge, LLC Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Amend the Draft Development Agreement Approved with the Previous Kingsbridge Development Agreement Modification Application (File #MDA 11-004) Approved (Pg. 6-15) D. Fee Waiver Request from Daniel Quibbel of Talon Silk Screen and Graphic Arts, LLC Vacated (Pg. 15) 10. Department Reports Items 9A-9F were moved to after Item 7 A. Police Department: Donation of Assets to Payette County Sheriffs Office (Pg. 15-17) B. Police Department: Donation of Assets to Nyssa Police Department (Pg. 15-17) C. Police Department: Resolution No. 11-820: A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Equipment to the Payette County Sherrill Department Approved (Pg.15-17) D. Police Department: Resolution No. 11-821: A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Equipment to the Nyssa Police Department, Oregon Approved (Pg. 15-17) 11. Future Meeting Topics A. Council Decided to Cancel the December 27, 2011 City Council Meeting due to the Holiday Season Meeting Adjourned at 7:37 PM Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 4 of 4 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. E IDIAl~T:-- IDAHC3 CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 01, 2011 at 7:0.0 PM UPDATED AGENDA 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 and Posting of Colors by Scout Troop 104 with the LDS Church Sherbrook Ward 3. Community Invocation by Pastor Tim Pusey of Valley Shepherd of the Nazarene Vacated 4. Adoption of the Agenda 5. Proclamation A. Proclamation Declaring November Pancreatic Cancer Awareness Month (Pg. 2-3) 6. Consent Agenda Approved (Pg. 3-5) A. Approve Minutes of October 18, 2011 City Council Regular Meeting B. Sole Source Approval for Sensus Brand Water Meters for FY12-FY16 C. New World Records Billing Agreement with the Ada County Sheriff's Office for Fiscal Year 2011-2012 for aNot-to-Exceed Amount of $17,379.18 D. Award of Task Order 10045 "City of. Meridian Wastewater Treatment Plant Fermentation Design Project" to CH2M Hill for the Not-To-Exceed Amount of $255,194.00 and Authorize the Mayor to Sign the Task Order and City Clerk to Attest Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 1 of 4 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. E. Final Order for Approval: PFP 11-002 VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District F. Findings of Fact, Conclusions of Law for Approval: PFP 11-002 VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District G. Findings of Fact, Conclusions of Law for Approval: RZ 11-002 Southridge Apartments by The Farran .Group, LLC Generally Located South Side of W. Overland .Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R- 15Zoning Districts H. Final Order for Approval: FP 11-009 Zebulon Heights Subdivision No.4 by Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval of 12 Single-Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres I. Final Order for Approval: TEC 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 W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat J. Final Order for Approval: TEC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat K. Resolution No. 11-813: CPAM 11-001 Southridge Apartments by The Farran Group, LLC Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 26.38 Acres of Land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 2 of 4 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. 7. Items Moved From Consent Agenda 8. Items 9A-9F were moved from Department Reports A. (9Aj Mayor's Office: Resolution No. 11-814: A Resolution Appointing Sharon Borton to the Seat 5 of the Meridian Parks and Recreation Commission Approved (Pg. 5-6) B. (9B) Mayor's Office: Resolution No. 11-815: A Resolution Appointing Devon Pogue as the Youth Commissioner of the Traffic Safety Commission Approved (Pg. 5-6) C. (9C) Mayor's Office: Resolution No. 11-816: A Resolution Appointing Matt Zeller as the Youth Commissioner of the Historical Preservation Commission Approved (Pg. 5-6) D. (9D) Mayor's Office: Resolution No. 11-817: A Resolution Appointing Koryne Miller as the Youth Commissioner of the Solid Waste Advisory Commission Approved (Pg. 5-6) E. (9E) Mayor's Office: Resolution. No. 11-818: A Resolution Appointing Kevin Fowers as the Youth Commissioner of the Parks and Recreation Commission Approved (Pg. 5-6) F. (9F) Mayor's Office: Resolution No. 11-819: A Resolution Appointing Megan Murphy as the Youth Commissioner of the Meridian Arts Commission Approved (Pg. 5-6) 9. Action Items A. Continued from October 18, 2011 -Public Hearing: RZ 11-003 Kingsbridge by BHH Kingsbridge, LLC Generally Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Rezone of 38.31 Acres of Land from the R-2 Zoning District to the R-4 Zoning District Approved (Pg. 6-15) B. Public Hearing: MDA 11-006 Kingsbridge by BHH Kingsbridge, LLC Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Amend the Draft Development Agreement Approved with the Previous Kingsbridge Development Agreement Modification Application (File #MDA 11-004) Approved (Pg. 6-15) Meridian City Council .Meeting Agenda -Tuesday, November 01, 2011 Page 3 of 4 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. C. Findings of Fact, Conclusions of Law for Approval: RZ 11-003 and MDA 11-006 Kingsbridge by BHH Kingsbridge, LLC Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Amend the Draft Development Agreement Approved with the Previous Kingsbridge Development Agreement Modification Application (File #MDA 11-004) Approved (Pg. 6-15) D. Fee Waiver Request from Daniel Quibbel of Talon Silk Screen and Graphic Arts, LLC Vacated (Pg. 15) 10. Department Reports Items 9A-9F were moved to after Item 7 A. Police Department: Donation of Assets to Payette County Sheriff s Office (Pg. 15-17) B. Police Department: Donation of Assets to Nyssa Police Department (Pg. 15-17) C. Police Department: Resolution No. 11-820: A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Equipment to the Payette County Sherrill Department Approved (Pg. 15-17) D. Police Department: Resolution No. 11-821: A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Equipment to the Nyssa Police Department, Oregon Approved (Pg. 15-17) 11. Future Meeting Topics A. Council Decided to Cancel the December 27, 2011 City Council Meeting due to the Holiday Season Meeting Adjourned at 7:37 PM Meridian City Council Meeting Agenda -Tuesday, November 01, 2011 Page 4 of 4 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 Citv Council Meeting November 1.2011 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, November 1, 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, Jacy Jones, Pete Friedman, Bill Parson, Rich Dees, Scott Colaianni, Parry Palmer, 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: Well, welcome and thank you for joining us at our regular City Council meeting. For the record it is Tuesday, November 1st. It's 7:00 o'clock. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance and Posting of Colors by Scout Troop 104 with the LDS Church Sherbrook Ward De Weerd: Item No. 2. Tonight we are going to be instructed and led by the Boy Scout -- or Scout Troop 104. They are with the LDS ward, Sherbrook Ward, and I will ask them to give us our instructions this evening. (Pledge of Allegiance recited.) De Weerd: If I could have the scouts please join me in the front, I'd like to give you a City of Meridian pin for leading us. Item 3: Community Invocation by Pastor Tim Pusey of Valley Shepherd of the Nazarene De Weerd: Okay. Item No. 3 we will skip, because I don't see Pastor Pusey. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council November 1, 2011 Page 2 of 18 Hoaglun: On tonight's agenda we need to note a couple of things. Under the Consent Agenda, Item 6-K is resolution number 11-813. We would also like to move an item after Item 7. Under Department Reports we have appointments -- a number of different appointments 9-A, B, C, D, E and F and we will be moving those to between Item 7 and 8 and take action on those. And, then, we have under Item 8, Action Items, 8-D, the applicant wishes to withdraw his request. Under those items 9-A, B, C, D, E and F, 9-A, which will be moved, is resolution number 11-814. 9-B is resolution number 11-815. 9- C is resolution number 11-816. 9-D is resolution number 11-817. 9-E is resolution number 11-818. 9-F is resolution number 11-819. Under the remaining items, 9-I, that resolution number is 11-820 and 9-J is resolution number 11-821. So, Madam Mayor, with all those changes I move adoption of the agenda. Rountree: Second. Bird: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation Declaring November Pancreatic Cancer Awareness Month De Weerd: Tonight I have the honor of reading a proclamation. This is about pancreatic cancer. It is that month that we all need to be aware of it. I will ask Dwight Tovey to come forward and I will join you at the podium. I'm going to read this proclamation and, then, I will see if Mr. Tovey would like to make any remarks. Whereas in 2011 an estimated 44,030 people will be diagnosed with pancreatic cancer in the United States and 37,660 will die from the disease and whereas pancreatic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in the United States and whereas when symptoms of pancreatic cancer present themselves it is usually too late for optimistic prognosis and 74 percent of pancreatic cancer patients die within the first year of their diagnosis, while 94 percent of pancreatic cancer patients die within the first five years. And whereas approximately 200 deaths will occur in Idaho in 2011 and whereas there is no cure for pancreatic cancer and there have been no significant improvements in the survival rates in the last 40 years and whereas the Pancreatic Cancer Action Network is the first and only national patient advocacy organization that serves the pancreatic cancer community in Meridian and nationwide by focusing its efforts on public policy, research, funding, patient services and public awareness and education related to developing effective treatments and a cure for this cancer. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do Meridian City Council November 1, 2011 Page 3 of 18 hereby proclaim Pancreatic Cancer Awareness Month in the City of Meridian, Idaho, and urge all citizens to be aware of the disease and communicate with healthcare professionals regarding screening and treatment. I would like to present this to you and thank you for all of your efforts to raise the level of awareness and search for ways that we can help turn the survival rate into a more positive story to tell in years to come. Thank you for being here. Tovey: I lost my wife to cancer -- pancreatic cancer last year three months after she was diagnosed and so we are hoping with proclamations and like to encourage congress and senate to pass the Pancreatic Education Reform Act. Currently the Idaho senators have not signed onto it yet, but we are hopeful they will sign onto it soon. Thank you. De Weerd: Thank you. I'm sorry for your loss. Item 6: Consent Agenda A. Approve Minutes of October 18, 2011 City Council Regular Meeting B. Sole Source Approval for Sensus Brand Water Meters for FY12-FY16 C. New World Records Billing Agreement with the Ada County Sheriff s Office for Fiscal Year 2011-2012 for aNot-to-Exceed Amount of $17,379.18 D. Award of Task Order 10045 "City of Meridian Wastewater Treatment Plant Fermentation Design Project" to CH2M Hill for the Not-To-Exceed Amount of $255,194.00 and Authorize the Mayor to Sign the Task Order and City Clerk to Attest E. Final Order for Approval: PFP 11-002 VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District F. Findings of Fact, Conclusions of Law for Approval: PFP 11-002 VanAuken Subdivision by Mason & Stanfield Inc. Located at 34 E. Fairview Avenue Request: Combined Preliminary/Final Plat Approval Consisting of Two (2) Building Lots on 5.20 Acres of Land in a C-C Zoning District G. Findings of Fact, Conclusions of Law for Approval: RZ 11-002 Meridian City Council November 1, 2011 Page 4 of 18 Southridge Apartments by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R- 15 Zoning Districts H. Final Order for Approval: FP 11-009 Zebulon Heights Subdivision No.4 by Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval of 12 Single-Family Residential Building Lots and Two (2) Common Area Lots on 7.22 Acres Final Order for Approval: TEC 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 W. Amity Road Request: Two (2) Year Time Extension on the Preliminary Plat J. Final Order for Approval: TEC 11-008 Woodland Springs by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision to Obtain the City Engineer's Signature on the Phase 2 Final Plat K. Resolution No. : CPAM 11-001 Southridge Apartments by The Farran Group, LLC Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Amend the Comprehensive Plan Future Land Use Map Designation on 26.38 Acres of Land from Medium Density Residential (MDR) to Medium High Density Residential (MHDR) De Weerd: Okay. Item No. 6, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under 6-K, that resolution number is 11-813, and with that noted, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. Meridian City Council November 1, 2011 Page 5 of 18 De Weerd: I have a motion and a second to approve the Consent Agenda. 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 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Department Reports A. Mayor's Office: Resolution No. : A Resolution Appointing Sharon Borton to the Seat 5 of the Meridian Parks and Recreation Commission B. Mayor's Office: Resolution No. : A Resolution Appointing Devon Pogue as the Youth Commissioner of the Traffic Safety Commission C. Mayor's Office: Resolution No. : A Resolution Appointing Matt Zeller as the Youth Commissioner of the Historical Preservation Commission D. Mayor's Office: Resolution No. : A Resolution Appointing Koryne Miller as the Youth Commissioner of the Solid Waste Advisory Commission E. Mayor's Office: Resolution No. : A Resolution Appointing Kevin Fowers as the Youth Commissioner of the Parks and Recreation Commission F. Mayor's Office: Resolution No. : A Resolution Appointing Megan Murphy as the Youth Commissioner of the Meridian Arts Commission De Weerd: We did make a slight change to our printed agenda by moving the Department Reports for the Mayor's office at this point. Council, you do have resolutions number 11-814, 11-815, 11-816, 11-817, 11-818 and 11-819. I have interviewed each of these youth members to serve on the commissions that they are in front of you to be appointed to as well. I guess Sharon Borton would like the thought that I called her a youth member. But these are students that are very interested in Meridian City Council November 1, 2011 Page 6 of 18 becoming involved and being the youth voice on these adult commissions and they are very excited for the opportunity to serve. So, Council, I would entertain any questions you have regarding appointments to these city commissions. Rountree: I have none. Bird: I have none. Hoaglun: I have none. De Weerd: Okay. I would entertain a motion to approve. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve resolution numbers 11-814, 11-815, 11-816, 11-817, 11-818 and 11-819. Zaremba: Second. De Weerd: I have a motion and a second to approve the agenda Items 9-A through F. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Action Items A. Continued from October 18, 2011 -Public Hearing: RZ 11-003 Kingsbridge by BHH Kingsbridge, LLC Generally Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Rezone of 38.31 Acres of Land from the R-2 Zoning District to the R-4 Zoning District B. Public Hearing: MDA 11-006 Kingsbridge by BHH Kingsbridge, LLC Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Amend the Draft Development Agreement Approved with the Previous Kingsbridge Development Agreement Modification Application (File #MDA 11-004) Meridian City Council November 1, 2011 Page 7 of 18 C. Findings of Fact, Conclusions of Law for Approval: RZ 11-003 and MDA 11-006 Kingsbridge by BHH Kingsbridge, LLC Located East Side of S. Eagle Road; Midway Between E. Victory Road and E. Amity Road Request: Amend the Draft Development Agreement Approved with the Previous Kingsbridge Development Agreement Modification Application (File #MDA 11-004) De Weerd: Okay. We will move back to our Action Items. Under Item 8-A, this continued public hearing from October 18th on public hearing RZ 11-003 and I guess, staff, I would ask would you like me to open B and C at this time as well? Okay. I will open the public hearings on MDA 11-006 and RZ 11-003 for comment as well. Parsons: Thank you, Madam Mayor, Members of the Council. The applications before you are a rezone and a development agreement modification for the Kingsbridge Subdivision. The exhibit before you shows the area that is proposed for the rezone area. If you recall, you have acted on several applications on this site, so right now the property is situated on the east side of South Eagle Road midway between East Victory Road or East Amity Road. The applicant is proposing to rezone 38.31 acres of land from R-2 zoning designation to the R-4 zoning .designation. On the right-hand side you can see the comparison between zones and, then, on the left-hand side is an exhibit that staff is proposing be attached to the modified development agreement. Initially -- oh. Excuse me. The approved preliminary plat is consistent to the exhibit that you see on the left-hand side, which shows 72 buildable lots. The applicant did originally seek a variance to deviate from the R-2 dimensional standards. During that hearing Council did deny that request and felt it was more appropriate to seek a rezone and that's why the applicant has delayed signing the previous DA modifications that you acted on back in six -- four, five months ago. So, we are hoping with moving forward tonight they can move forward with the DA and, then, hopefully, get their plat signed for phase two. Here are the elevations that were, again, approved with that development agreement modification and I have attached those to give you a quick memory -- refresh your memory on what types of homes they are proposing to construct out there and also these types of homes with the deviation in the side yard setbacks, as the applicant is proposing, it will give them the flexibility to construct similar type homes that you see here. So, before you I have the proposed DA provisions that staff is recommending. The first six are the ones that were before you with the previous DA modification. If you look at item number -- or DA provision number three, I have asked that Council strike that provision out of the amended DA only because the applicant has complied with that requirement. Staff has written confirmation from both the Dartmoor HOA president and Boise Project Board of Control that they approved the construction drawings and to my knowledge those improvements are underway and almost already have been constructed. And, then, also at the bottom of the page you will see DA provision number seven and number eight. Those are new DA provisions recommended with the DA modification and simply put number seven is, basically, tying the applicant to the requirements highlighted in that rezone exhibit that you just previously saw. So, if I can Meridian Cily Council November 1, 2011 Page 8 of 18 go back to that. So, basically, if you look at that exhibit on the right-hand side you can see that there are three lots that have a 15 foot side yard setback and that's located in the northwest corner and highlighted in yellow and there is three lots that are slated for single family homes that were, again, part of the original settlement agreement and, then, also staff has included that they have a maximum of 72 buildable lots, so -- and, then, also number eight we are proposing to add minimum square footages for future homes. Single story will be minimal at 2,000 square feet and two story homes will be a minimum of 2,400 square feet. And those are pretty similar approvals that were tied to the original project back in 2005. So, the applicant wanted to add these provisions to give those perimeter lot owners adjacent county residents a comfort that some of those approvals are staying in place with the new project and so I have a written verbal from the applicant that he's in agreement with all the stated DA provisions that you see before you this evening. Planning and Zoning Commission recommended approval at the September 15th, 2011, hearing. Testifying at that hearing was Matt Schultz, the applicant's representative, and also Scott Fleming. There were two folks there in opposition of the project that was Phillip and Lori Allen and no one else commented on the application. Since the Planning and Zoning Commission staff has not received any additional testimony on the application. So, to staffs knowledge there are no outstanding issues before you and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions for staff at this time? Bird: I have none. Rountree: None right now. De Weerd: Okay. Would the applicant like to comment? Welcome. If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Council. Matt Schultz with the Schultz Company, 5463 South Acheron in Boise, here on behalf of BHH Kingsbridge, LLC, who I started working with in the middle of the summer with the task of getting the first 36 lots within this area called phrase two under construction, but at the same time need to go back and revisit a previous issue that needed to get addressed about some side yard setbacks and I do concur that the appropriate way to deal with dimensional standards is -- is through the zoning process and not the variance process. So, what I want to reiterate for staff -- add to what staff has said that what we are trying to do here is -- is ask for an R-4 only for side yard setbacks. The development agreement will tie all the other dimensional standards of an R-2, such as 12,000 square foot minimum lots, 80 foot wide minimum lots. The rear yard setback for R-2 and R-4 are the same at 15 feet. If you can go to that one exhibit, please. There is three lots. The code really doesn't address -- oops -- the code doesn't really address in terms of where a rear backs up to aside. We want to make sure that those lots had that extra -- you know, instead of going to the five foot that they had the 15, which is the same as a rear, even though it's Meridian City Council November 1, 2011 Page 9 of 18 a side yard there where a rear butts up to a side. So, we wanted to make sure those homeowners had the extra width. Other than that we are asking for the R-4 setbacks throughout. These are extra wide lots. They are some of the biggest lots I have developed. They are very expensive, they are very high end, and there is an interesting quirk in the R-2 that requires extra side yard setbacks, so even though we have a very ample 12,000 square foot lot that's 85 feet wide, 145 feet deep, with a two story home we are stuck with a 55 foot wide house. That's not a bad house, but we'd rather do something wider than 55 feet. We would like to do some side entry. We would like to do something that really -- really has some street appeal and, fortunately, Boise Hunter Homes, who is the developer of this, has those products, has built those products in other parts of the valley and would like to do them here. So, for that I think it's pretty straight forward. I do appreciate staff helping facilitate, to streamline, wrap up a lot of loose ends, maybe from some previous approvals, bringing forward some things that were in this legal settlement agreement amongst -- a potential lawsuit amongst neighbors from six years ago and bringing those forward into this development agreement, such as that minimum home size that an R-2 only allows -- or only requires a 1,500 square foot minimum. So, we are bringing forward that 2,000 and 2,400 that was previously required and that's -- that's not a problem. I'm happy to say that we are -- it's kind of better late than never. We are almost done with construction on phase two, based on the final plat approval earlier this summer we should be paving here in the next couple days if the weather cooperates and it's getting down to the wire, but it should be green, the street lights are up, concrete's down. There was abig -- a big drama about irrigation for Dartmoor that we have since figured out and they are all very happy with what we are building for them out there as we speak. So, I think we are kind of just trying to wrap up some loose ends and we appreciate you acting on all three of these items tonight concurrently hopefully get a plat signed in a couple weeks and get it recorded. So, thank you. De Weerd: Council, any questions? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment that I remember when this first came before Planning and Zoning Commission when I was there before I was on the City Council, there was a great deal of ranker from the neighbors and it was a difficult subject and that subject seemed to follow it along for awhile. I really appreciate that you have taken the steps to work with the neighbors. The Mayor will ask for other testimony, but it appears to me that we may or may not have very many people here that would be opposed and I think that's a testament to the work that you have done to help the neighbors be involved and to understand what it is you're doing and to accept what you're doing. So, appreciate your work in that effort. Meridian City Council November 1, 2011 Page 10 of 18 Schultz: Thank you. De Weerd: Well, I think ultimately, as you have been in here before, the bottom line is when people purchased in there they expected a certain quality and as I recall the last time this was in front of Council there was continued concern about some of the outstanding issues with the sub -- the county sub and I understand from your testimony that those have been addressed. Schultz: Absolutely. De Weerd: Okay. Schultz: Yes. We met with the Dartmoor HOA president and tried to figure out what was this nebulous irrigation issue that nobody could quite pin down at your previous hearing and we went through a couple of iterations and she was very happy to -- we actually put in an irrigation box right up there between phase one and phase two that eliminates about 1,500 feet of ditch for them to have to maintain every year and about a 10,000 dollar box. It helps us. It helps them. They were just tickled pink to have it and that addressed that whole condition. So, actually, they are pouring -- they have it all formed up right now, they are pouring tomorrow. So, that was the big -- who knows -- whateverthey want, we figured it out and it wasn't as bad as we thought once we talked to them. De Weerd: Okay. Well, good. Anything else from Council? Bird: I have none. Rountree: Nothing. De Weerd: Thank you, Matt. Schultz: Thanks. De Weerd: Okay. I do have two people that have signed up against this application and when I read your name if you'd like to come up and provide testimony at that time. Lee Moncarr. Good evening. If you will, please, state your name and address for the record. Moncarr: Lee Moncarr at 3415 South Terri Drive. De Weerd: Thank you. Meridian City Council November 1, 2011 Page 11 of 18 Moncarr: I'm not so sure I'm totally against this, but is this mark right here is where your box is now? Is this mark -- is this street right here the dead end of the existing street that's there? De Weerd: I think what -- what we will ask is if you can ask your questions and, then, we will ask the applicant to answer them in his -- Moncarr: All right. Where we have kind of set a precedence on this and changed the interior of these lots and stuff, my concern is a year and a half or two years down the road how much of these perimeter lots are going to change and get shrunk down for more houses and stuff or is it going to be -- is this locked in what we have right now? De Weerd: I guess, Pete, would you like to answer that? Friedman: Yes, Madam Mayor, Members of the Council. Those are pretty well locked in. There is actually two methods by which we are locked in, as Bill had stated. We are actually making this plat map an attachment to the development agreement, so that will lock it in there and also the actual plat itself, the recorded plat, will -- the recorded document will have lots of that size. They cannot come back and try to reduce the size of those lots without going through a whole lot of public hearings on top of that. Moncarr: Okay. That was my concern, since we have changed this, is coming back in the future. Now, my other question is that blue line for phase two, is that -- that dead end street that's there behind -- De Weerd: Sir, I need you to speak into the microphone, so we know what -- Moncarr: In there behind Kruzinski's, is that the dead end street that's backing up to their property right there? Because, actually, this box is going in pretty much be right behind my house, but that doesn't matter, you know. I don't care about that. As long as it helps Dartmoor. De Weerd: So, your question is about the irrigation box and where a street will end? Moncarr: Well, the street that's -- I don't know what the name of the streets are over there, but that box -- it seems like a little far off. I don't know how many houses their lots back up to Allen's in the future. It seems like when we first started I would have like three houses behind mine and now it looks like there is five or six. Five anyway. De Weerd: And whereabouts is your -- Moncarr: Well, I'm not sure where Terri Drive comes in here. If that box was right here, then, Terri Drive must be like right there. I don't know if that's completely true, because Allen's take it clear back to the big lots at Salizar. I don't know what I'm doing here. Meridian City Council November 1, 2011 Page 12 of 18 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Is part of your question how will anybody that needs to do maintenance on that box access it? How will they get there? Is that what we are trying to figure out? Moncarr: No. I'm just kind of wondering how many lots there are actually behind our place and I see where three of them are staying single level, so -- like I said, I'm not really sure if I oppose this, as long as these lots here -- those lots right there is the ones I'm concerned about just staying the same in the future. That's all I wanted to see. De Weerd: Okay. Well, the proposal's in front of Council and what they vote on this evening will stay that way, unless the applicant wants to file another -- another plan and go through another series of public hearings. You would be noticed and that is of great expense. So, for now it's what you have in front of you. Moncarr: Okay. Yeah. I remember this first meeting. We were here until like 1:30 that night. Half the group left and three-fourth of the people stayed right here for this. De Weerd: We do have our marathons at times. Moncarr: That was five years ago, four years ago? De Weerd: Yes. Moncarr: All right. Thank you. Zaremba: And Madam Mayor. I would also thank you for participating in the process, because we -- we do listen to the public input and it does make changes. De Weerd: Okay. I also had Sandy Moncarr sign up against or -- okay. Okay. Thank you. We appreciate you being here. Any other testimony on this item? Okay. Mr. Schultz, would you like to come up and address the question and wrap up your remarks. Schultz: Thank you, Mayor and Council. To the gentleman's questions, the stub street here at phase one, I believe his property goes from that line to that line. You can kind of see those little marks on the top. Those lots there are at least I believe 150 something feet deep, 120 feet wide. They are very large half acre. Some are bigger lots. There is an additional 30 foot buffer on the top there that's -- that the ditch is in and we have fencing and a nice buffer there built into it. As far as his questions about his concerns about us replatting that, we have phase two locked in. It's built. Phase three there is not a lot of wiggle room. It would be a real -- I think everybody's very sensitive to the neighborhood out here and wouldn't want to revisit that it would be my opinion. But the Meridian City Council November 1, 2011 Page 13 of 18 owner has every right to submit an application if he wanted to go through that process again. I wouldn't recommend it. He's prepared to build -- I have done cost estimates to build phase three -- you know, hopefully we would build it next year. Hopefully, the market responds to phase two very quick. You know, that would be ideal. However, it will probably be the following year if all goes well. It will probably be 2013. We will build it per this plan. Don't necessarily like those -- those three acre lots that are there on the east side, but that's what's there unless the applicant wants to come back. So, as you can see, phase two went all the way back to those acre --all the way back to those acre lots and, you know, we are kind of hemmed in on what we can do with the road and the utilities that are there and that's what it's going to be, unless the owner really gets crazy. So, I'm happy to talk to the gentlemen afterwards about irrigation and those things. I have talked to some other neighbors out there already one on one over the last few months and I'm happy to talk to another one about it and answer any questions or concerns that he has. De Weerd: Thank you. Council, any final questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. If there is no further questions for the applicant, resident, or our staff, I would entertain a motion to close. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings on Item 8-A and 8-B. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings on Item 8-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Council, Item 8-A. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council November 1, 2011 Page 14 of 18 Rountree: I move that we approve the rezone, RZ 11-003, for the Kingsbridge Subdivision, subject to the staff's comments and their modifications to the development agreement. Hoaglun: Second. De Weerd: I have a motion and a second to approve item 8-A. Seeing no discussion, 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 8-B. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-B, MDA 11-006 for Kingsbridge. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-B. 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. De Weerd: Item 8-C under the Findings of Facts. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve item 8-C, the Findings of Facts and Conclusions for the previous two items. Hoaglun: Second. Meridian City Council November 1, 2011 Page 15 of 18 De Weerd: I have a motion and a second to approve Item 8-C. 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. D. Fee Waiver Request from Daniel Quibbel of Talon Silk Screen and Graphic Arts, LLC De Weerd: Item 8-D has been requested to withdraw. I would entertain a motion to approve this request. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we accept the withdrawal of the fee waiver request from Daniel Quibbel. Rountree: Second. De Weerd: I have a motion and a second to withdraw this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports G. Police Department: Donation of Assets to Payette County SherifFs Office H. Police Department: Donation of Assets to Nyssa Police Department Police Department: Resolution No. : A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Equipment to the Payette County Sherrill Department J. Police Department: Resolution No. : A Resolution Setting Forth Certain Findings and Purposes to Meridian City Council November 1, 2011 Page 16 of 1 B Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Donate Equipment to the Nyssa Police Department, Oregon De Weerd: I will turn this meeting over Councilman Zaremba for Department Reports, beginning Item 9-G. Zaremba: Thank you, Madam Mayor. We are ready for Item 9-G. This is the police department. Are you the speaker, Scott? Colaianni: Council Members, what you have in front of you tonight is we are wanting to donate some outdated, obsolete, old technology equipment to the Payette County Sheriff's Department. This is equipment, looking through it, that's a minimum of eight years old, up to about 15 years old, and, quite honestly, it would cost us more to try and dispose of it than it would be to do anything else with it and because of the nature of the equipment we just can't discard it, there has to be a process, you know, lights and such like that and be in proper hands and so we just ask that Council accept this donation from the Meridian Police Department to the Payette County Sheriff's Department. Zaremba: Council, any questions or discussion? Bird: I have none. Zaremba: Would entertain a motion of approval. Hoaglun: Mr. Chairman -- or Mr. President. Zaremba: Mr. Hoaglun. Hoaglun: I move we approve resolution number 11-820 and resolution number 11-821, declaring surplus property and authorizing the donation of equipment to the noted entities. Public entities. Bird: Second. Zaremba: For discussion, 820 referred to the Payette County office and 821 refers to the Nyssa police, which -- Colaianni: Correct. It's the same type of equipment. We split it between the two agencies. Zaremba: You didn't expand on that one, but it's the same subject. Colaianni: It's the same subject matter, same equipment. Meridian City Council November 1, 2011 Page 17 of 1 B Zaremba: All right. Thank you. We do have a motion to approve both and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All four ayes. Both of those motions carry. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics Zaremba: That pretty much comes to the end of our agenda, except for future meeting topics, Item 10. I would bring up one and that would be to discuss whether we would like to cancel the meeting of December 27th. Anybody have an opinion on that? Rountree: Fine by me. Bird: Fine with me. Hoaglun: Yes, Mr. President, I have family coming from out of town and that would be a great time to -- Zaremba: I think many of us do and that would be convenient for us and staff not to have that meeting. So, a consensus is that we will cancel the meeting of December 27th. Bird: Mr. President? Zaremba: Mr. Bird. Bird: Don't forget that next week we will meet on Wednesday at 3:00 p.m., instead of Tuesday. Zaremba: Yes. Because of the voting. Bird: Everybody get out and vote. And you young people 18, make sure you get out and vote. Zaremba: Thank you, Mr. Bird. And the other reminder is that meeting is a workshop meeting, so it begins at 3:00 o'clock on the Wednesday and that will be our next meeting. Hoaglun: Mr. President, just one more item -- Zaremba: Mr. Hoaglun. Sure. Meridian City Council November 1, 2011 Page 18 of 18 Hoaglun: -- to note. On Friday Keith and Margie Bird will celebrate their 50th wedding anniversary, so that's -- Zaremba: Congratulations. Hoaglun: -- very commendable. Zaremba: Congratulations. That's wonderful. Rountree: He's a saint. Zaremba: All right. Rountree: Mr. President? Zaremba: If there are no other items -- Mr. Rountree. Rountree: I move we adjourn. Hoaglun: Second. Zaremba: We have a motion and a second. All in favor say aye. That motion carries. MOTION CARRIED: ALL AYES. Zaremba: We are adjourned. MEETING ADJOURNED AT 7:37 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) r ~c~l~~l Oll r~ MAYO MY D D G~~~ DATE APPROVED 4 tip City of ~ YCEE r~, ,~ °~ SEAL 4 y r~~P ~~ S~~`~ ~ Abe t~EA . HOLMAN, CITY CLERK