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HomeMy WebLinkAbout2011-12-20~~E IDIAN~-- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, December 20, 2011 at 7:00 PM Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Pastor Troy Drake of Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Contract Amendment No.2 to Centra Consulting, Inc. for "QLPE Plan Check Services" for the Not-To-Exceed Amount of $50,000.00 B. Findings of Fact, Conclusions of Law for Approval: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District C. Findings of Fact, Conclusions of Law for Approval: PP 11-007 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-15 Zone 6. Community Items/Presentations A. Police Officer Commendation for RV Fire (Pg 4-5) Meridian City Council Meeting Agenda -Tuesday, December 20, 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. 7. Items Moved From Consent Agenda 8. Department Reports (Councilman Bird left at 7:13 p.m.) A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update (Pg 5-6) 9. Action Items A. Continued Public Hearing from November 15, 2011: CPAM 11- 002 Millennium Retail Center by Jeffrey Hall Located Generally at the Southwest Corner of W. Overland Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map Designation on 2.54 Acres of Land from High Density Residential (HDR) to Commercial (Pg 6-9) Application remanded back to the Planning and Zoning Commission and approved a wavier of the Conditional Use Permit (CUP) Modification Fee B. Public Hearing Continued from December 6, 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 (Pg 9-13) Continued to January 17, 2012 C. Public Hearing: AZ 11-003 King Property by Dexter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District (Pg 13-14) Continued to March 27, 2012 D. Public Hearing: PP 11-010 Ten Mile Crossing (fka Meridian Crossing) by Meridian 118, LLC Located at 1085 S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 105 Building Lots (52 Residential and 53 Non-Residential) and 4 Common/Other Lots on 115.26 Acres of Land in the R-40, M-E, C-C and H-E Zoning Districts (Pg 14-19) Approved 10. Department Reports A. Police and Prosecutor's Office Report: Open Container City Code Updates (Pg 19-21) Bring back Ordinance for 1St Reading on January 3, 2012 Meridian City Council Meeting Agenda -Tuesday, December 20, 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. B. Public Works: Budget Amendment for FY2012 in the Amount of $50,000.00 for the Reclaimed Water Facility Corrections and Modifications with JC Constructors, Inc. (Pg 21-24) Approved C. Public Works: Request for Sole Source and Award of Agreement to JC Constructors for "Reclaimed Water Facility Corrections and Modifications" for the Not-To-Exceed Amount of $56,000.00 (Pg 21-24) Approved with Conditions D. Planning Department: Discussion of Residential Design Guidelines for Southridge (Pg 24-26) E. Planning Department: Paramount Elementary Portable Classroom Structure (Pg 26-29) F. Legal Department: Discussion and Update Regarding Varsity Kitchen Alcohol License Application Process (Pg 29-31) G. Clerk's Office: Approval of New Beer and Wine License Application for Red Star Hospitality dba Varsity Kitchen Located at 1441 N. Eagle Rd. Suite 200. (Pg 29-31) Approved H. Clerk's Office: Approval of Beer/V11ine/Liquor from Sea Swiper LLC to J & D Industries Located at 501 S. Main St. (Pg 31-32) Approved with Conditions 11. Future Meeting Topics (Pg 32-33) Adjourned at 8:24 p.m. Owner Transfer dba MUGGSYS; Meridian City Council Meeting Agenda -Tuesday, December 20, 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 December 20, 2011 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 20, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Sonya Watters, Warren Stewart, Clint Dolsby, Jeff Lavey, Chris Amenn, Luke Cavener 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 Zaremba: Good evening, ladies and gentlemen. I will call to order this regular meeting of the Meridian City Council. It is Tuesday, December 20th, 2011. It is 7:00 p.m. and we will begin our meeting with roll call attendance. Zaremba: All right. Thank you. I would like to acknowledge a couple special guests in the audience. We had with us tonight the Mayor of Eagle Jim Reynolds and City Councilman Elect Butler is also here from Eagle. So, thank you both very much for joining us. Item 2: Pledge of Allegiance Zaremba: First item of business is the Pledge of Allegiance. Would you, please, join me. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Troy Drake of Calvary Chapel Zaremba: Next item on our agenda is the community invocation. Tonight we will be led by Pastor Troy Drake of the Calvary Chapel. I invite you to join us in this invocation or take this as a moment for silent reflection. Drake: Father God, we thank you for the freedom that we have in this country, Lord, to seek you and to pray like this in a public place, God, and how you have protected those rights for us. We are just grateful people, God. We thank you for this time of season, this time of year, where we all can just enjoy and remember the birth of your son, how you sent him for us and, God, we remember in your word that it says that righteousness exalts a nation and I know that that's true for Meridian as well, Lord, and I just pray that Meridian City Council December 20, 2011 Page 2 of 36 we would look to you for our source of righteousness and, God, that you would give these people wisdom over the decisions that they make, God, that you would impart to them just that goodness that you desire for all men and all women and so I just pray, God, that you would protect Meridian, that you would protect the hearts and minds of these leaders and the people who serve us, the elected officials and, God, that you would just make this just an even greater place and people would be safe and secure here and so, God, use these times, especially tonight, as they conduct business to -- just do things that would please you, Lord. We love you, God, and we praise you in the name of your son, Jesus Christ, amen. Zaremba: Thank you. Pastor Drake, have you been with us before? Drake: No. First time. Zaremba: I would like to give you a City of Meridian pin to commemorate your blessing for us. Drake: Thank you, sir. Appreciate it. Item 4: Adoption of the Agenda Zaremba: Thank you very much. Okay. Next item on our agenda is adoption of the agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: A couple items to note on our agenda this evening. Under Item 9, Action Items, 9-A, the applicant will be requesting that this be remanded back to the P&Z Commission. Plus there is a fee waiver request in this, so there will be a couple items -- action we will take on 9-A. 9-C, public hearing AZ 11-003, there will be a request to continue to March 27th, 2012. And under Item 10-H, approval of beer, wine, liquor owner transfer, that will be pending Ada county approval, just to note on that. So, with that, Mr. President, I move adoption of the agenda as presented. Rountree: Second. Zaremba: Mr. Hoaglun and Mr. Rountree. May I ask that we move Items 10-B and C ahead of -- Hoaglun: Mr. President, what we found out from legal counsel was there is still a quorum with three of us, so we are good to leave with it where it is, so -- Zaremba: Okay. Meridian City Council December 20, 2011 Page 3 of 36 Hoaglun: Thank you. Zaremba: Then (withdraw -- withdraw my comment. We have a motion and a second to adopt the agenda as amended or as commented on. All those in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Contract Amendment No.2 to Centra Consulting, Inc. for "QLPE Plan Check Services" for the Not-To-Exceed Amount of $50,000.00 B. Findings of Fact, Conclusions of Law for Approval: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District C. Findings of Fact, Conclusions of Law for Approval: PP 11-007 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-15 Zone Zaremba: Next item is the Consent Agenda. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: No changes on the Consent Agenda or items to note. With that I move approval of the Consent Agenda and the Mayor or President to sign and the Clerk to attest. Rountree: Second. Zaremba: We have a motion and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. MOTION CARRIED: ALL AYES. Meridian City Council December 20, 2011 Page 4 of 36 Item 6: Community Items/Presentations A. Police Officer Commendation for RV Fire Zaremba: We are onto Community Items and Presentations and the first Item A is police officer accommodation for the recent RV fire. Chief Lavey. Lavey: Thank you, Mr. President, Council. Mr. President and Council, our public safety personnel do some extraordinary acts on occasion and most of those personnel will say they were just doing their job. On other occasions these acts really kind of stand out and one of those such acts occurred in Meridian on November 17th, 2011, and shortly after that time frame I shared with Council a letter that I'd like to read into the record today and, then, I have a small presentation that I'd like to do. To the Meridian Police Department: I'm writing this letter to express my appreciation of officers at the scene of the RV explosion and fire on November 17, 2011. Their quick actions that morning undoubtedly saved a life and their dedication to service of others was truly above and beyond the call of duty. Not only did MPD quickly find and remove the semi-conscious victim from his close proximity to the fire, but they, then, repositioned him to the best egress access for arriving fire and EMS personnel. MPD officers kept the patient still, covered with him with a blanket and talked to him keeping him awake and breathing. Due to allocation of resources I was initially the only firefighter available for patient care. When I arrived at the victim's side the MPD officer at the patient's head informed me of his condition. This officer, then, continued to talk with the patient and without hesitation supported me in the management of his airway ventilation. Upon seeing I was alone and a second officer asked what he could do to help and under my direction began removing the patient's clothes in preparation for IV access. Finally, MPD expedited the removal of the patient from the scene by flagging down EMS and assisting in the patient's transfer to the ambulance. These officers took the term public servant to heart and I'm very proud to work side by side with them protecting the citizens of Meridian. Firefighter Katie Milburn, who is present in the audience today. Now, this firefighter actually took it upon themselves to write this letter and express their gratitude and we'd like to return that favor as well and say that it wasn't just the Meridian police officers there on scene, although we were there first, this was a joint effort and it took everybody involved to actually deal with this situation. There is a few stand outs and I'm going to recognize them today. But I would like to introduce and have them come forward -- our entire gray shift crew that was working that evening. So, if the following officers could come up and stand over here to the left of me. Sergeant Matt Parsons. Corporal Rick Lee. Officer Craig Hoodman. I didn't see him, but if he's here Officer Brandon Frasier. And Justin Northway. Officer Jason Brown. And, then, Officer Cambron. We were actually going to do this a couple of weeks ago, but Corporal Lee was in Mexico and so he was unavailable. This was the team that was actually working that evening and on this team there is a couple of stand outs. In this letter received from Katie she didn't know the names of the officers and so it took a little bit of research and we discovered that we want to do a little extra recognition of Corporal Rick Lee, Officer Craig Hoodman, and Officer Jason Brown. And if you will allow me to read this letter of accommodation. On November 17th, 2011, Corporal Rick Lee, Officer Craig Hoodman, Meridian City Council December 20, 2011 Page 5 of 36 and OfficerJason Brown responded to an explosion in the 100 block of Pennwood Street. Upon their arrival the officers found a 5th wheel camp trailer which was completely destroyed from the explosion. Officers then discovered asemi-conscious victim of the explosion lying in the aftermath of the explosion. Without regard for their personal safety, the three officers began rendering assistance to the victim who was suffering from burn wounds. The officers then removed the victim from the explosion site to a safe area where they continued to provide aid and comfort. Because of these officers -- Officer Craig Hoodman, Corporal Rick Lee, and Officer Jason Brown, will be awarded this letter of accommodation. And since we all like to have happy stories right before Christmas, this victim was actually transported to St. AI's and later life flighted down to the Salt Lake burn center and has since been released and is with us today to spend time with his family. So, with that being said, I would like to personally honor Corporal Lee, Officer Hoodman, and Officer Jason Brown. And the last thing I have is -- like Isaid, it wasn't just us, but the engine company that was actually working that evening is also present. So, if Firefighter Campbell could stand up and the rest of his crew stand up so we can also applaud them as well. Zaremba: Great. Thank you. I would just like to add that we always appreciate your service, both the police service and the fire service and your instant readiness to perform these kind of duties and your willingness to do it and you make our community a much better place and we appreciate all of you. So, thank you very. much. Item 7: Items Moved From Consent Agenda Zaremba: Next item. There are no items moved from the Consent Agenda. Item 8: Department Reports (Councilman Bird left at 7:13 p.m.) A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Zaremba: So, we will go on to Department Reports and Item 8-A from Mayor's Office is probably Luke. No? Mayor's Youth Advisory Council. Wagner: Hello. I'm Josh Wagner. I'm from Rocky Mountain and I'm the Rocky representative from MYAC. I'd first off like to thank the Council for letting me talk tonight. MYAC continues to be busy with over 50 students attending last week's meeting. We recently had 120 Meridian students attend an iceskating community involvement event. Twenty-five MYAC students helped wrap gifts at the Meridian Hope Tree. Sorry. We are currently on Christmas break until January 9th, where we will begin focusing on legislative issues related to texting while driving and government affairs members are working on drafting their own piece of legislation. In addition, the government affairs members will be hosting a legislative breakfast in late January. We are working on hosting a valley wide youth summit in May focusing on substance abuse, distracted driving and bullying. Thank you for the opportunity to speak tonight and have a Merry Christmas. And I will take any questions that you might have. Meridian City Council December 20, 2011 Page 6 of 36 Zaremba: Council, any questions? Rountree: Mr. President, I have no questions, but thank you for being here tonight during your vacation -- the start of it anyway and you have a wonderful vacation and get all those studies you haven't done done and a Merry Christmas. Wagner: Thank you. Hoaglun: Mr. President? Josh, if I might. You know, this year we have just had an excellent turn out of kids at these meetings, as you mentioned 50, and, then, you had 120 at that other event. What makes it so good this year? I mean there it seems like to be a lot of enthusiasm. Any idea -- any idea why? Wagner: I think we have a lot of really good programs going on. Really good volunteer opportunities and people want to be a part of it. Hoaglun: Good. Glad that you're a part of it. Thank you very much. Wagner: Thank you. Zaremba: Great. Thank you, Josh. And I'm thrilled with how you all are becoming citizens. You are our future and we appreciate the interest that you're taking now. So, that's wonderful. Thank you. Wagner: Thank you. Item 9: Action Items A. Continued Public Hearing from November 15, 2011: CPAM 11- 002 Millennium Retail Center by Jeffrey Hall Located Generally at the Southwest Corner of W. Overland Road and S. Millennium Way at 2045 E. Overland Road: Request to Amend the Comprehensive Plan Future Land Use Map Designation on 2.54 Acres of Land from High Density Residential (HDR) to Commercial Zaremba: We are onto Item 9, Action Items, and A is a continued public hearing from November 15th, 2011. I will open that public hearing and we will have some comments from the staff. Friedman: Thank you, Council President Zaremba, Members of the Council. In the intervening time since you continued the public hearing we met with the applicants for this property and they determined that initially that recommendation from Planning and Zoning came forward to you simply as a comprehensive plan amendment. We had no rezone or anything, so we have little ability to condition it, even if that had been the Meridian City Council December 20, 2011 Page 7 of 36 Council's pleasure. So, since that time the applicants have been discussing options with the neighbors, they have been discussing options with staff and came to the conclusion that at this point the best thing to do would be to remand the Comprehensive Plan map amendment back to the Planning and Zoning Commission, allow them to submit for a rezone to tie to that to which, then, we can evaluate that based on their proposals and craft any appropriate conditions or development agreement conditions to recommend to Commission and Council and, then, move that as a package. As a subsidiary note, there is an old planned development that currently vests as property that allows them to develop retail -- they could come in for a building permit for retail tomorrow. So, in order to vacate that planned development that would take a Conditional Use Permit modification. The fee for that is approximately 1,300 dollars. The applicants have requested as part of the remand that Council waive just the Conditional Use Permit modification fee. They would pay the rezone fee and they, of course, would pay the fee for the Comprehensive Plan amendment and, really, the whole purpose in the CUP mod is just simply to vacate an old dated approval, so that we have no further comments and rely on your action. Zaremba: Okay. Thank you. Council, any questions for Pete? Rountree: I have none right now. Zaremba: Okay. This is actually a public hearing and we have a couple people signed up to testify at this point. So, I think we -- oh, I'm sorry. How about the applicant. Probably start with the applicant. The applicant from the audience says he has nothing to add until there are questions asked. Let's see. The people signed up are David Misner and Jared Hiner. Is David here? From the audience he has no comment to add. Jared Hiner. We actually -- we, actually, will be remanding this back to the Planning and Zoning Commission and much of what they are proposing is likely to change at that point, so if you have a point you'd like to make you're certainly welcome to make it, but think we are looking at a -- maybe not starting totally at the beginning, but there is a do over to it. Pete. Friedman: Mr. President, Members of the Council, members of the audience, it is, in essence, a reset, so that there will be at least one more hearing before the Planning and Zoning Commission and one more hearing before the City Council as this works its way through. So, it's kind of like a reset and a reevaluation of everything. Zaremba: So, we thank you for being here tonight, but I -- there will be another opportunity to see a modified plan and comment on that. Let me ask Mr. Nary if I might. In a remand is that noticed the way a new public hearing is noticed? Nary: Mr. President, Members of the Council, yes, this would have to be renoticed now. essentially, back in front of the Planning and Zoning Commission. If these folks don't live within the mailed area of notice, then, there should be new signs or at least an updated sign that would be placed on the property. Meridian City Council December 20, 2011 Page 8 of 36 Zaremba: So, watch for signs on the property. The date of the Planning and Zoning Commission meeting will be on that sign and if you're within 300 feet of the property you will get a letter. I do need to have you come up on the microphone if you're really going to speak. You're welcome to speak, so -- but you need to be on the microphone and if you would, please, give your name and address. Kalsbeek: Jon Kalsbeek, Box 390, Martinez, California. So, it's a 1,200 mile trip for us to make it here to each meeting. But it's worth it. We have worked with Jeffrey and we talked to him. We are not against development, we are not against improvement, we are not against anything that does that. Jared and David and Seth are here. They are -- I'm, basically, representing them also. If they need to speak -- I don't think anybody else does. I don't want to take up a lot of time. We are just looking for something that's compatible to the neighborhood and is workable and that's basically -- if we are starting over from the Planning Commission, another hearing, then, we can proceed from there. Just want to stress the compatibility of the neighborhood. Zaremba: Great. Thank you. Any questions, Council? Rountree: No. Zaremba: Okay. Any response from the applicant? You need to be on the microphone if you do. And also need to have you give your name and address for the record, please. Hall: Jeffrey Hall. 1880 S. Cobalt Point, Meridian. Just to let the audience know we will have a neighborhood meeting. It's scheduled for next Thursday on 28th at 5:00 p.m. at our office and notice was put in mail today on that. Zaremba: Great. Thank you. Rountree: Thank you. Zaremba: Council, before we continued with this we have a fee waiver to discuss. Any comments? Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I'm inclined to agree with that, given that it cleans up some history on this property and it's some information we need to have cleaned up before we move forward. Zaremba: Mr. Hoaglun. Meridian City Council December 20, 2011 Page 9 of 36 Hoaglun: I think I agree with Councilman Rountree. It sounds like what I heard from Pete was this was just the CUP that was for the waiver only, everything else is paid and I don't have any trouble with that. Friedman: It's paid or will be paid. The rezone when that application is made will have the appropriate fees accompanying it. Zaremba: Okay. I believe we probably need a motion for that, if -- Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we close the public hearing on Item 9-A, CPAM 11-002. Hoaglun: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we remand Item 9-A back to Planning and Zoning and through that remand approve a waiver of the continued -- of the Conditional Use Permit modification fee. Hoaglun: Second. Zaremba: We have a motion and a second. Madam Clerk, would you call roll, please. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing Continued from December 6, 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 Meridian City Council December 20, 2011 Page 10 of 36 Zaremba: All right. Thank you all very much on that subject. Next subject is the public hearing. I will open the public hearing continued from December 6, 2011, for AZ 11-001 and begin with the staff report. Friedman: Thank you, Council President Zaremba, Members of the Council. I did -- had the unfortunate disfavor of not being at the hearing night, but staff was capably represented and upon reviewing the facts of meeting that night determined that you wanted to continue it tonight, with the possibility of having a discussion about potential conditions of approval for a development agreement. I have some concerns about that, because the way the recommendation came forward to you was for a recommendation for denial and normally when we come forward with a recommendation for approval of a development agreement we have generated appropriate conditions has the Planning and Zoning Commission for your consideration. In the absence of that I was not comfortable with being prepared tonight with sufficient conditions of approval for a development agreement that I felt would protect the city's interest or protect the integrity of the Ten Mile plan. I conveyed that to the applicant. They had presented some conditions I believe. We haven't fully vetted those, because it really is sort of out of the ordinary step sequence, so approximately a week ago city staff, including the legal department, met with the representative and said, you know, we are just not comfortable going forward on Tuesday night. If it is the pleasure of the Council to direct the drafting of appropriate conditions, then, honestly, staff needs more time to consider those and thoughtfully consider those. So, we identified a date of January 17th. I don't know if they read that as being that the hearing would be continued to January 17th, although I note they are not here, so at this point I'm leaving this up to the pleasure of the Council in terms how they wish to continue this, dispose of this, discuss this. With that I will be happy to answer any other questions. Rountree: Mr. President? Zaremba: Council? Mr. Rountree. Rountree: Pete, your communication skills must have been spot on. I had some questions and apparently there is no one here to answer those. I would be inclined to follow up with you on your feeling of successfully completing some language in the DA that might work for both the city and the applicant or are we looking at spinning our wheels and maybe it ought to be remanded back to Planning and Zoning? Friedman: Council President Zaremba, Council Member Rountree, Council Member Hoaglun, remanding it back -- I don't know if -- I think the Commission by the record was pretty clear on their feelings in terms of how they felt about the consistency issue. I certainly would not say don't remand it back, that is your pleasure. We -- staff is comfortable in that we could craft some conditions for consideration. Again, it's solely at your pleasure if you want to continue the meeting, get your questions answered, and, then, direct us to take the appropriate actions or we could be prepared to have some language for you and, then, if you get answers to the questions that you might have, but you're still not comfortable or still not ready or, in fact, you are ready, we can Meridian City Council December 20, 2011 Page 11 of 36 accommodate that also. So, I did pick the date of January 17th. I said we could draft something by then that we think is well considered and protects the city's interest, trying to read, you know, which direction the Council might be inclined to go. But, again, Council Member Rountree, if you have questions that you need to -- the applicant to answer, then, I leave it to you. We are prepared to do your bidding. Rountree: Thank you, Pete. Zaremba: I would comment for myself I'm comfortable continuing this to the 17th and we acted when we had this before us before we acted in kind of a hurry the applicant seemed to have a reason to rush and we were trying to accommodate that. My understanding is that reason may not be so much of a rush anymore, so I agree with let's take the time to do the considered thinking on it and if you're able to come up with good conditions and protect the city and do that on January 17th, that's fine with me and I'm sure we will all have more questions at that point, because the project may have chemicalized some as well. So, if there aren't any further comments, I'd entertain a motion to continue this to January 17th. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: Before I do that -- Pete and Sonya, my concern is that we have sufficient language in a draft DA that we are comfortable and it's something that we can accept for that meeting. Otherwise, I think, again, we are going to be continuing this on. If we can't get to that point I'm not sure where the Council will go, but kind of know where I'm going to be going. Having said that, I move that we continue this item 9-B to January 17th, 2012. Hoaglun: Second. Zaremba: I failed to mention one other thing that I kind of wanted to discuss while this was still going. Rountree: Well, you can call for discussion. Zaremba: It's not exactly discussion on the motion, but the issue to me is -- part of the reason that we are struggling is that the applicant is not wanting to provide a concept plan and I'm just going on the history of when I was on the Planning and Zoning Commission, we didn't accept annexations without a full preliminary plat. We have gotten a little bit away from that in occasionally accepting concept plans. When we annex that's an entitlement and we can try and write a real good development agreement, but I'm uncomfortable -- the issue is not necessarily the applicant that stands before us, but if they sell the property and down the line somebody else owns it and now they have this entitlement -- I am uncomfortable going the direction consistently of not at least having a concept plan. I actually would like to go back to Meridian City Council December 20, 2011 Page 12 of 36 having a preliminary plat accompany every -- every application for annexation. So, I wanted to throw that out for discussion before we continued this particular one. Rountree: Well, I -- Zaremba: Any comments or -- Rountree: Mr. President, it's a legitimate comment. I think we all have that concern. Our concept plans have ranged from preliminary plats to block classifications and design criteria. So, that there is quite a span. I, too, would like to see something specific on this particular application, particularly as we see the language come for the DA and that's something I think we can address with the applicant. They bring it forward, but until they are here -- the staff can convey that message and that message has already been delivered I believe from staff, but to continue to suggest that something similar that we had -- that we had on Southridge in the beginning, conceptual -- there was not a preliminary plat. It was land units and the kinds of things that would be there and from that we have developed preliminary and final plats in some cases, so -- but at least we had a sense of what was going to be there, consistent with the plan. We do have that already with the plan we have in place, but we are being asked to modify that, so what are those mods going to look like. Pete? Friedman: If I may, Council -- Mr. President -- Zaremba: Yes, Mr. Friedman. Friedman: -- Members of the Council. Council Member Rountree raises a very good point. In our discussions last week -- our discussions really focused largely on a lot of the minutia about the development agreement. There was some discussion of concept plans. They, you know, said, essentially, what the Council already knows, that they don't -- they are not the developer, they don't know who the developer is going to be. Mr. Nary can help fill in my memory. If I can, I -- we had kind of a short philosophical discussion about that, that, really, what we were at that point trying to get to is just some time to get the development agreement language pulled together and I really wasn't going to take liberties on, you know, pushing any agenda for a concept plan or not a concept plan at this juncture. Again, I believe that we can pull together language for Council consideration and applicant's consideration and, then, let you further your thinking and discussions about the relevancy of a concept plan and, then, have some of that language before you on the 17th and, then, let it move forward as the Council feels is appropriate. So, just so I'm clear on two points, is we will continue our work on some language for your consideration and, then, bring it back before you on the 17th and await your further discussions and deliberations regarding a concept plan. Rountree: Thank you. Zaremba: Thank you. And I guess my question -- beyond just this one application, do we want to have a discussion of somehow requiring in the UDC that people not be as Meridian City Council December 20, 2011 Page 13 of 36 vague, that we do require either a preliminary plat or a -- do we want to have that discussion? Friedman: Council President, Members of the Council, I absolutely would enjoy having that discussion with you as it just relates -- Zaremba: Can we make it a workshop item maybe February? Is that -- Friedman: You tell us. Zaremba: Just to have a discussion? Friedman: We are available -- Zaremba: I don't know if I'm the only one that's interested in this. Rountree: I think it would be a good discussion. Zaremba: Okay. Hoaglun: Yeah. I agree, Mr. President.. And the more specifics there are the better it is, you know, for us to look at what's being proposed. Zaremba: Let's on the February workshop have a discussion of -- Friedman: Very good. Zaremba: -- requiring something like that. Great. Thank you. We do have a motion on the floor. Let's see. That would be a voice call. All in favor say aye. Any opposed? Motion carries. That means the hearing was continued to January 19th -- January 17th, 2012. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: AZ 11-003 King Property by ®exter King Located at 1195 W. Overland Road Request: Annexation and Zoning of 8 Acres of Land within an R-8 Zoning District Zaremba: Next item on the agenda is public hearing AZ 11-003. I will open that public hearing and there is request to continue it to March 27th, 2012. Rountree: Anybody here to -- Zaremba: Do we need any comment on that, other than continuing it or -- any discussion? Meridian City Council December 20, 2011 Page 14 of 36 Friedman: I apologize -- Zaremba: Sonya. Either one. Watters: Councilman Zaremba, Councilmen, there is -- the applicant's just requested continuance until that day. Zaremba: All right. Watters: He's trying to work out some issues with his septic system, so he just asks that we kind of continue it for a little while and give him an opportunity to straighten that out. Zaremba: Let's get all the smelly issues done before it gets -- Watters: He may withdraw the application at that time, but he just wanted to get a little bit more time to work out some issues he has. Zaremba: All right. Thank you. Mr. Hoaglun. Hoaglun: I move 9-C, AZ 11-003, to continue to March 27th, 2012. Rountree: Second. Zaremba: Okay. We have a motion and a second to continue that item to March 27th, 2012. All in favor say aye. Any opposed? Motion carries. That is continued. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Hearing: PP 11-010 Ten Mile Crossing (fka Meridian Crossing) by Meridian 118, LLC Located at 1085 S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 105 Building Lots (52 Residential and 53 Non-Residential) and 4 Common/®ther Lots on 115.26 Acres of Land in the R-40, M-E, C-C and H-E Zoning Districts Zaremba: Next item is a public hearing. I will open the public hearing for PP 11-010, Ten Mile Crossing, formerly known as Meridian Crossing, and we will begin with the staff report. Watters: Thank you, Councilman Zaremba, Councilmen. The next application before you is a preliminary plat consisting of 52 residential building lots, 53 nonresidential buildings lots, and four common other lots. The site consists of 115.26 acres of land, is currently zoned R-40, ME, C-C, and H-E and is located on the north side of Interstate 84, midway between South Ten Mile and South Black Cat Roads. The proposed preliminary plat is consistent with the previously approved concept plan. Access is Meridian City Council December 20, 2011 Page 15 of 36 proposed on the plat via Ten Mile and Black Cat Roads. Currently access is not available to this property, as right of way has not been dedicated across adjacent properties to the east or west. Approval of a final plat for the subject property is dependent on access being available and in compliance with fire department requirements. Stub streets are proposed at the boundaries of the property in various locations to provide future connectivity with adjacent properties. A 75 wide easement exists across the site where the Northwest Gas Pipeline exists. A specific encroachment permit will be required for development or improvements within this easement. A large linear open space area is proposed within the easement area. The Commission recommended approval of the proposed preliminary plat at their November 17th public hearing. Darin Fluke, JUB, the applicant's representative, testified in favor of the application. No one testified in opposition. Gordon Hamilton from the Williams Northwest Pipeline commented and written testimony was received from Darin Fluke, JUB, the response to the staff report in agreement. Key issues of discussion by the Commission. The Commission commented that they were very appreciative for the consistency of the proposed plat with the approved concept plan and the Ten Mile interchange specific area plan. There were no changes to the staff recommendations and no written testimony has been received since the Commission hearing. Outstanding issue for the City Council. There is no outstanding staff or applicant issues. However, the Ada County Highway District report will not be available until after January 4th. Staff recommends if the Council decides to go forward with .the application that it continue to comply with ACHD conditions of approval. ACRD did e-mail me today with an update on their review. Although they are still in the process of reviewing the revised traffic impact study and running an additional analysis on one of the internal intersections, they did not have any significant concerns with the project or with the city moving forward with the application tonight. Staff will stand for any questions the Council may have. Rountree: I have none at this time. Zaremba: Council, any questions? Rountree: I have none. Zaremba: Okay. Then we are ready for the applicant. Mr. Fluke, nice to see you again. Please begin with your name and address. Fluke: Thank you, Mr. President. My name is Darin Fluke with JUB Engineers. My office address 250 South Beechwood in Boise. Chris -- or Sonya did a fine job summing up the application. I'm not going to belabor my presentation for you. I think that this is -- this plan that you have before you is consistent with the development agreement that is on file with the city and this is just the first step in the development process. So, once the preliminary plat is approved we will move into design on phase one and continue to work on access issues. So, we understand what we need to do to develop the property, we are comfortable with that and that it's going to happen and I Meridian City Council December 20, 2011 Page 16 of 36 think I will leave it at that and if the Council had questions I would be happy to take those now. Zaremba: Council, any questions? Mr. Rountree. Rountree: Mr. President. Darin, this property has the Northwest Pipeline through it. That's been an issue in several projects that we have had. Have they expressed an opinion on the age and condition of that pipeline? Fluke: Not to -- not to the best of my knowledge. Not to my client or to us. Rountree: What do you envision in that corridor? Fluke: Primarily it's a large open space adjoining the pipeline. It's -- you know, given the configuration of that pipeline it presents quite a challenge to the layout I think. What we have done here works with what's on the ground and, you know, is the best layout for the site given the fact that that cuts across there. At the previous hearing the Williams representative did express an appreciation for working with our client on this and they have no particular reservations on the application. Rountree: Thankyou Zaremba: I guess the pipeline is a concern and as we move along with developing along it I -- we discussed at one time developing some -- not just emergency procedures, but some preventative procedures and I don't know whether that's a Planning and Zoning question or a question for Deputy Chief Amenn. I know the fire department was somewhat involved. Are we working on some kind of emergency plan for now beginning to make the Williams pipeline part of an urban area? Amenn: Yes, we are. Deputy Chief Palmer is currently working on the pipeline proposal and it's something that we are trying -- going to try to add to the city as an ordinance and it will become part of our Uniform Fire Code. Zaremba: Okay. And will that have an impact on planning and zoning activities? Amenn: I could not speak exactly to what level of impact it would have, but it will set out guidelines as far as what distances need to be maintained away from the pipeline area and what notifications need to be made. Zaremba: Okay. All right. Thank you. Mr. Friedman. Friedman: Council President, Members of the Council, we will be involved with the fire department on not only the development of that ordinance, but the implementation of it. One of our initial discussions with both Chief Niemeyer and Deputy Chief Palmer were where to house the ordinance and we all determined that it would be best if we put it in the fire code, because, then, we can more nimbly adjust it as need be, rather than Meridian City Council December 20, 2011 Page 17 of 36 having to go through the Planning and Zoning Commission and the Council process to get an ordinance amended. So, once the ordinance has been developed and -- an ordinance has been developed and approved by Council, obviously, there will be standards in there that will be incorporated probably into standard comments that the fire department would make in the review of any proposal with the pipeline corridor line, as well as any additional standards that might be needed to be applied, so -- Zaremba: Okay. Friedman: -- we are trying to work together and fold it together that way. Zaremba: Great. Thank you. And I guess my question for Darin would be does anything about that question bother you? You have been working with the pipeline people and I'm sure they have pretty good requirements as well. Fluke: Yeah. Mr. President, nothing particularly bothers me. We have -- we have developed other projects around pipelines, notably Lakemoor Subdivision in Eagle. Two Rivers. And so we are -- we are experienced in dealing with the pipeline folks and we are comfortable with the requirements that are in the staff report. Zaremba: Great. Thank you. Council, any other questions? Hoaglun: Well, Mr. President, just -- Zaremba: Mr. Hoaglun. Hoaglun: Just to remark and pass on, Chris, if you might to Chief Palmer about, you know, getting input from folks who have worked on pipelines and as Darin mentioned, they have done things like that. There is a safety aspect, but there is also the aspect of, you know, we really can't do that because -- and Ijust -- if you could pass onto him to encourage that we take advantage of some of the expertise that's out there in the community -- they are working with these things to develop, but knowing full well we want to protect our citizens in making sure we can make something that's workable for everybody. Amenn: Yes. I can tell you that they are working from a model ordinance that was created by the pipeline commission. There is an association -- I can't recall the name of it exactly, but Williams Pipeline I know and Phillips Conoco are two of the big players in that and they have developed an ordinance they use throughout the country for similar situations like this and they are pretty well working from that. So, the pipeline companies have bought off on it and it meets all of our needs as well. Hoaglun: And, Mr. President, just to follow up, I just want to make sure that we don't throw these folks any surprises, any curves that here they are moving forward with the plans, they are talking to the pipeline company and we do something that's outside of that scope and that kind of changes the game for them, if you will, and -- and it might be Meridian City Council December 20, 2011 Page 18 of 36 something that we may have to do, I don't know, but I just don't want to be surprising folks when they are along a path of getting things done. So, just I guess my comment is let's make sure we are communicating with a lot of folks. Amenn: Sure. And as the gentleman stated, the pipeline companies are very good to work with. They certainly have a vested interest in maintaining their right of way and certainly of being good neighbors to the businesses and residents and -- residents built next to them, so they have always been very good to work with. They know that they have a hazardous situation that some of the people are concerned with, so they are very conciliatory when we go to them. Hoaglun: Great. Thanks, Chris. Appreciate it. Zaremba: Thanks. This is a public hearing. Mr. Fluke was the only one signed up to speak, but if there is anybody that -- else that would care to testify, this is your opportunity. Okay. Seeing none, then, Mr. Fluke doesn't need to make a rebuttal on anything, so Council? Rountree: Mr. President, I see our ACHD representative back there and just because you're here tonight, Christy, I got to ask you a question. Zaremba: Welcome. We are glad to have you here. As always, please, start with your name and address. Little: Christy Little with the Ada County Highway District. 3775 Adams Street in Garden City. Rountree: Just a question. Do you know of any surprises we might have, other than it's your request that we do a conditional approval based on your comments? Little: No. Our staff has spent quite a bit of time reviewing this. Where we are at right now is we had asked for some modifications to the traffic impact study. We have received back. Our traffic engineer is still looking at those. And we also need to review an additional analysis on some of the internal intersections. So, we don't have any issues. This project will have to move forward to the ACHD commission just because of its size, but we expect that the applicant and staff will agree to the condition and it should be a consent item. Rountree: Thank you. Zaremba: Thank you. Okay. Council? Rountree: Mr. President? Zaremba: Mr. Rountree. Meridian City Council December 20, 2011 Page 19 of 36 Rountree: I move that we close the public hearing on Item 9-D. Hoaglun: Second. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Mr. President? Zaremba: Mr. Rountree. Rountree: I move that we approve Item 9-D subject to the receipt of ACHD's comments. Hoaglun: Second. Zaremba: We have a motion and a second. Madam Clerk, will you call roll, please. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea Zaremba: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Department Reports A. Police and Prosecutor's Office Report: Open Container City Code Updates Zaremba: Thank you very much. Next we are on to Item 10, the Department Reports. The first one is A, police and prosecutor's office report open container city code update. Nary: Mr. President? Zaremba: Mr. Nary. Nary: Mr. President, I can probably give you some thoughts and, then, let the chief and Terry -- police had brought an issue to us in regard to some enforcement issues in regards to the possession of alcohol on the public sidewalks. So, we worked with Emily Kane from my staff, worked with Terry and the police department in crafting an ordinance and Terry is here to talk about it a little bit from the prosecution's side and I don't know if the chief has more to add from the police perspective as well. Zaremba: Okay. Chief Lavey. Meridian City Council December 20, 2011 Page 20 of 36 Lavey: Mr. President, Council, I don't know if I have anything else to add. I know that earlier this fall it was brought to my attention some problems with one of our current ordinances and we were having some cases dismissed that had come up. It's not happened regularly. Only about half a dozen times a year, but it's really kind of time that we make the proper adjustments and, really, what it comes down to is -- is it's unlawful to bring an open container out of a licensed establishment and walk upon the sidewalk. But if you purchase that anyplace else, convenience store or grocery store, or bring it yourself, there is no ordinance that allows -- or prevents that from happening from walking all over the city and there is some additional changes that need to be made as far as making sure that our city ordinances match with state law in regards to open containers in the vehicles. With that being said, I know just enough to be dangerous and so I have brought our prosecutor along with us, Terry Derden, and I would turn the podium over to him to express the problems that he's been having and, then, the proposal that he has sent to Emily and Bill for review. Our intent is to just make you aware of it right now and to get everything prepared and, then, most likely bring it back to Council to hear it, consider it, first part of next year. Zaremba: Okay. Great. Thank you. Terry, welcome. Derden: Thank you. Zaremba: As always, for the record, please, start with your name and address. Derden: Terry Derden. 11319 West Starlet in Boise. Zaremba: Thank you. Derden: I am your contracted city prosecutor through Boise city. What I have seen in the past year is that when officers make contact with folks either drinking on public sidewalks, in parking lots, which is the biggest violator, or in open -- in parked vehicles with drinking, they want to be able to write them citations for it. That's prohibited conduct in Boise, it's prohibited conduct under state code, Meridian's code at this point is just outdated. My best example is you can go into a bar and buy a beer or an alcoholic beverage -- if you left the bar with that drink you would be in violation of the current city code. If you left a Jackson's or a Maverick station with a closed container you would not be in violation. If you bought beer out at Albertson's and decided to pull into one of the parking lots anywhere in the city, you could sit in the City Council -- or the City Hall parking lot and drink that alcohol as much as you want and there would be no reason for officers to make that contact. The reason we encourage officers to make that contact is, obviously, to cut down against drunk driving and we have officers who have contacted people and folks in cars and we have had to dismiss those citations just for being outside ordinance. So, what we have drafted, essentially, is an ordinance that would allow your -- where ever an open container was it would be illegal in the City of Meridian, whether you bought it at a licensed establishment that's retail by the drink or a retail with a closed container and it would still be illegal for it to be out in public and Meridian City Council December 20, 2011 Page 21 of 36 being consumed in anyplace that is public or open to the public. The only exception to that would be if you, the Council and through city code, allowed certain areas of the park or certain hours of the park to be designated times where someone could consume alcohol pursuant to some sort of function or license that they would get from the city. The last part of the ordinance would be that it would be illegal to possess an open container in a vehicle. If you were a driver it would be a misdemeanor. So, if we stop someone for a failure to maintain their lane and they are not over the DUI .08, but they have an open container of alcohol, which is quite frequent, we would still be able to at least cite them with a misdemeanor and have general misdemeanor penalties. The state code at this point has that as an exception for passengers, so it would be misdemeanor for any driver and, then, any passengers who were in possession of an open container would have an infraction that they would just go down and pay at the courthouse. I believe that's clear. Emily has drafted it to be I think just exactly what would fit the needs of police here and make it something that we could prosecute and get convictions on. As the chief said, I pulled the numbers for him, it was six times last year that we used that code section. We use the state code quite a bit more. But officers would use that tool I think to at least have probably cause to make contact with people, investigate drunk driving, and, then, write the citations if they needed to. Zaremba: Well, it sounds reasonable to me to make the rules more consistent. Derden: Exactly. Zaremba: So, that sounds fair. Council, any comments? Hoaglun: Mr. President? And it sounds like -- Zaremba: Mr. Hoaglun. Hoaglun: -- Terry, you have got away -- a mechanism in there that -- we have been talking about our downtown restaurants and creating space in the sidewalks that's fenced off and it's something that P&Z has been working on, that we could do that within our ordinance and still have this in place and not have to do any changing? Derden: Yes. The draft would allow for that. That was something Emily brought to my attention from the very beginning and I -- the draft that you're looking at now is what her and I have sent back and forth through e-mail and allows for that. Hoaglun: Great. Thank you. Zaremba: Thank you. Any other comments? Derden: Thank you, gentlemen. I hope you have a Merry Christmas. B. Public Works: Budget Amendment for FY2012 in the Amount of $50,000.00 for the Reclaimed Water Facility Corrections and Meridian City Council December 20, 2011 Page 22 of 36 Modifications with JC Constructors, Inc. C. Public Works: Request for Sole Source and Award of Agreement to JC Constructors for "Reclaimed Water Facility Corrections and Modifications" for the Not-To-Exceed Amount of $56,000.00 Zaremba: Thank you very much. Merry Christmas to you also. Next item on our agenda, Items 10-B and 10-C I have a personal conflict with, so I will turn the running of the meeting over to our Vice-President Hoaglun -- Nary: Mr. President? Zaremba: -- and make a note for the record that once we have established a quorum apparently my absence does not diminish that -- Mr. Nary is going to comment on that. Nary: Two things. On the previous item do you want us to bring a draft for first reading your next meeting? Zaremba: Would that be January 3rd? Nary: January 3rd. Zaremba: That would be fine. Nary: And, then, on the next one, yes, the quorum -- since the quorum has been established all you're doing is recusing yourself from this item. You're not -- you're not excusing yourself from the meeting -- Zaremba: Right. Nary: -- you're just excusing yourself from this item. So, the quorum still remains, even though Council Member Bird has left. Zaremba: For Item B and C I will turn this over to Mr. Hoaglun and, please, call me when you're done. Hoaglun: Thank you, Mr. President. And for staff comment, Clint, I guess you're going to be doing that? Dolsby: Council Vice-President Hoaglun, Councilman Rountree, we have two separate items here. The first item is a budget amendment in the amount of 50,000 dollars for the reclaimed water booster station reservoir modification and correction. This, along with the existing budget, will give us the funding to do the project, as well as a 10,000 dollar contingency in case something comes up during the construction. So, first, we Meridian City Council December 20, 2011 Page 23 of 36 would ask for the approval of the budget amendment and, then, move to the next item for full force and agreement. Hoaglun: Any questions from Council Members? Rountree: I have none. Hoaglun: I have none as well. Rountree: Mr. Vice-President? Hoaglun: Mr. Rountree. Rountree: I move that we approve the budget amendment in the amount of 50,000 dollars for Item 10-B. Hoaglun: And I will second that. Madam Clerk. Roll-Call: Bird, absent; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: TWO AYES. TWO ABSENT. Dolsby: Thanks. The second item is the Sole Source Form and Agreement JC Constructors to perform the work. What we are looking for here is the approval of the Sole Source Form. Also approval of the construction agreement with the stipulation that the Mayor would sign the. agreement after the 14 day posting period, which is required for sole source. So, the approval tonight will post it and the Mayor would sign it for 14 days from now, that construction agreement for JC for -- in the amount of 56,000 dollars in partnership with them for this project. Hoaglun: Clint, I have one question. What -- when is this supposed to -- if this is approved tonight when are they looking at starting this project? Dolsby: Council Vice-President Hoaglun, just after the first of the year. Hoaglun: Okay. Okay. Thank you. So, soon after that 14 day period they will get that underway. Dolsby: Yes. Hoaglun: Okay. Thank you. Any other questions? Rountree: None. Mr. Vice-Chair, I move that we approve the Sole Source and Agreement Award for Item 10-C and authorize the Mayor to sign and the Clerk to attest after the specified period of time has elapsed. Meridian City Council December 20, 2011 Page 24 of 36 Hoaglun: I'll second that. Madam Clerk, call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, absent; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Dolsby: Thank you. D. Planning Department: Discussion of Residential Design Guidelines for Southridge Hoaglun: There you go. Thank you, Clint. Appreciate it. We will get Councilman Zaremba back and he will take us to 10-D, the Planning Department, discussion of residential design guidelines Southridge, another two minute item. Friedman: Thank you, Council President Zaremba, Members of the Council. Briefly, the final plat for the first phase of Southridge is getting closer and closer to approval and one of the few outstanding items is clarification on the approved elevations for the residential portion of it and the requirement that they were to submit design guidelines. It's been, as you can imagine, a rather complex web that was woven with this project and so I'm going to turn .this. one over to Sonya, because she .has successfully navigated that web. But we are seeking your guidance tonight on an approach on getting some guidelines approved and some elevations I think maintained, so that we can move the plat forward. The city has a real interest in this, because if this plat doesn't get approved we have a road network out there that is not a public road network and we have other developers who are actually relying on the availability of those streets to develop their property. So, there is a key public interest in -- both in the applicant's interest, I think, and in the city's interest of getting this plat moved forward. So, with that I'm going to turn it over to Sonya. Watters: Thank you, Pete, Councilmen. The current development agreement provision for Southridge requires that prior to the city engineer's signature on the first final plat the applicant shall submit and obtain Council approval of plans that propose specific and detailed architectural guidelines for the single family residential portion of the development that address at a minimum variety in structures within a block, building mass, building materials, roof lines, colors and architectural styles. These guidelines were meant to coincide with the building elevations presented at the Commission and Council hearings for the annexation in 2006, which were included in the development agreement. Those are the elevations you see here on the overhead. I'll just run through those real quick. They have the American Farmhouse, Craftsman, American Frontier, Pacific Northwest, Tuscan Farmhouse, Alley Loaded. Then, they have some elevations and lot layouts here for the zipper lot. Sixty-five foot wide Lots. These two are going to be developed in the first phase of Southridge and, then, here is some for the 70 and 80 foot wide lots and 90 and the Hillside lots. Since the time the property was annexed the single family residential portion of the development has changed ownership. For this reason the applicant is now proposing revised elevations, as shown Meridian City Council December 20, 2011 Page 25 of 36 here, that will only apply to phase one and that design guidelines will be submitted as part of an upcoming modification to the development agreement prior to recordation of any future phase of development. Staff is recommending that the applicant be held to the original elevations with the requirement that development comply with the guidelines for residential developments contained in Chapter E of the Meridian design manual, excuse me, until such time as the applicant amends the development agreement to include specific architectural guidelines for the development as required. This will allow the plat to be signed and moved forward in the recording process. The applicant could not be here tonight, but he has submitted an a-mail in agreement with whatever option the Council feels appropriate, as long as the plat is able to proceed in the recording process. Staff will stand for any questions Council may have. Zaremba: Council, any questions? Rountree: None. Zaremba: I don't think so. I don't see anybody around to make any other comments. Mr. Friedman. Friedman: Mr. President, Members of the Council, what staff would recommend is I believe is .what we have identified as option number one in Sonya's memo that Council go ahead and direct us to maintain the current elevations that were approved with Southridge development agreement. In the absence of the written guidelines, then, let our residential single family design guidelines control, even though we don't do review of single family design review of single family homes and, then, as Sonya had indicated, the applicant has at least indicated to us that he will be modifying the development agreement yet again and be back before you, so you will have -- and I believe he has indicated there will yet be another set of elevations and that he will be preparing his own private design guidelines. So, in the event that we do get some residential development out there, at least we will coordinate with the building department on the elevations that were originally approved and that is the -- I guess the direction and guidance we are seeking from you tonight. Zaremba: Mr. Rountree. Rountree: Mr. President. I'm inclined to go with the original and I would also have that -- make a recommendation to the applicant that his -- his revised elevations are simply not acceptable. Sonya: Noted. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I prefer the original elevations as well. Meridian City Council December 20, 2011 Page 26 of 36 Zaremba: I will make that three. Rountree: Do you need a motion to that effect or is it just consensus of the Council. Mr. Nary? Nary: Yeah. I think -- well, I guess you're not really -- this is just an update and a request, not an actual application for a modification of the development agreement. Friedman: That's correct. Nary: So, what you're saying is that based on what your dialogue has been the Council's direction is they really like the original product. Zaremba: I would take that as direction to staff. Sonya: So, just to confirm, Council's direction is to go with the original elevations and, then, tie the applicant to the residential design guidelines contained in the City of Meridian design manual until such time as the applicant comes forward with guidelines for Council approval with an amended DA; is that correct? Zaremba: Yes. Rountree: Correct. Hoaglun: Yes. Sonya: Thank you. E. Planning Department: Paramount Elementary Portable Classroom Structure Zaremba: Thank you. Okay. We are on to E, which is also the Planning Department, Paramount Elementary portable classroom structure. Friedman: Thank you, Mr. President, Members of the Council. As you will recall, approximately two years ago the school district submitted at certificate of zoning compliance and design review for a portable classroom at Paramount Elementary School. The staff at that time did not approve it, because we felt it was inconsistent with the design guidelines. That decision was brought before the Council for review. Following a couple of meetings the Council did, in effect, allow the school district to keep the portable there. They said that you could keep it there for two years and if it was to go beyond that two years you would -- actually, the staff would initiate a certificate of zoning compliance and design review for it. That two years has past. In the interim period during that time staff worked on an ordinance amendment and brought it to Council. The decision at that time and the current ordinance simply says Meridian City Council December 20, 2011 Page 27 of 36 that for portables you can submitted a certificate of zoning compliance and certificate of zoning compliance is good for up to four years from the date a certificate of occupancy is issued. If at the end of four years it's the school district's decision that that building is to remain, then, the school district would have to apply for a certificate of zoning compliance and design review subject to standards that were incorporated in the code. If they could not meet those standards they would apply for a Conditional Use Permit. So, where we have now a code that gives them four years without design review, we have the portable there that, based on your original decision would have to -- actually, staff will have to initiate design review and certificate of zoning compliance. What we were -- rather than just start that, we wanted to ask the Council if -- there is a couple of options here. One would be for -- because the new code really does allow up to four years if Council would be comfortable just extending two more years the current approval and at the end of those two years they would, then, be subject to filing certificate of zoning compliance and design review consistent with the current code or if you want us to initiate design review and certificate of zoning compliance now, conceivably they could get another four years or just -- I'm not quite sure which way to go with this one, so -- I mean my initial thought has been give them two more years, that brings them up to the four years that they would currently be entitled to on another site and they could have a decision as to whether or not to leave it there or move on. Zaremba: I would say that I certainly could see -- since we have made everything else four years, it makes sense not to penalize them necessarily, but refresh my memory, is that the one that was very apparent to the neighbors -- I mean it was in a location that stuck out like a sore thumb and we required it to be painted and maybe -- I forget what, some landscaping put around it or something that --did any or all of that happen? Friedman: I believe it was painted. I don't know that the landscaping has been put around it. We will certainly -- we can check that out. Probably should have gotten out there. But I know that there was -- actually, think Luke was able to facilitate a volunteer effort to get it -- I don't know. It did get painted. I know that. Zaremba: Okay. Friedman: That is the one. Hoaglun: Mr. President, if I recall, that was the biggest issue was the glare with the sun and the paint job and -- and that's the big thing that's taken care of. I'm glad to hear that and I'm comfortable with two years, letting it go the full four, recycle it through and, then, it goes through the process next time around. And, Mr. President, if I might add, we could -- you would let them know that if this is the decision of the Council that we are extending that two years. Thank you. Zaremba: I would add to that I still want to maintain that temporary is temporary, that it doesn't go on forever, but if we are giving other people four years I don't have a problem adding two years to this one. Mr. Rountree is thinking very hard. Meridian City Council December 20, 2011 Page 28 of 36 Rountree: Yeah. It seems to me that the choices that we have is that you give them a certification now after the two years and they are done, they don't -- they don't have to, then, fall under the new code. Friedman: Well, actually, Council Member Rountree, Members of the Council, the way the original approval was -- that after October 27th, 2001, we would initiate a new application for design review and the structure would be reviewed for compliance of the design standards in effect at that time. So, we have to initiate the design review for that. We would probably come back with either another CZC or a CZC with prior approval and, then, since it's a new certificate of zoning compliance it kicks in the new regulations. Rountree: Okay. Okay. Hoaglun: And Pete and Mr. President, if I might, refresh my memory. They could convert it to a permanent portable classroom, but I can't remember what -- what those standards were, what makes that change. Friedman: Yeah. It's a -- the thing that -- what we did was we adopted a code that said you get a maximum of four years under the CZC, but you don't have to go through design review. If at the end of that four. years it's the decision of the district that .they want to leave that in place, then, it's a full certificate of compliance, full design review, subject to standards that we have in the code. If they can't meet those standards, then, a Conditional Use Permit kicks in and, I apologize, I don't have those specific standards right at the tip of my tongue. We could grab them if you like. Hoaglun: Mr. President? Pete, I just couldn't remember that -- that particular process, thank you for that, because I know they have portables out there that are permanent portable classrooms. They have been there since my kids were in school. So, I'm sure we will be seeing some of that come through in the future. Zaremba: Well -- and what it sounds like is -- if at the four year point they couldn't meet design review, there would actually be a public hearing, which means that the neighbors would be noticed and be able to weigh in, which I think is important, since it was a major issue to begin with. I would want them to have their say. So, that would happen two years from now if they can't meet the design review. Friedman: Well, they -- Council President and Council, at the end of two years, if that's the direction Council wants to go, they would apply for a certificate of zoning compliance and design review and if they don't meet those standards, then, we could kick it over. Zaremba: Yeah. Well, yes, if they meet the standards, that's fine, so -- Friedman: Yeah. Zaremba: Great. Thank you. I think you have the consensus. Meridian City Council December 20, 2011 Page 29 of 36 Friedman: I think so. This has been kind of one of those things, again, trying to figure out which one -- so, if I understand -- Zaremba: Well, allow it four years, which means two years more. Friedman: Two years more. Zaremba: And we have already had two years. Friedman: Yeah. The direction -- is the city's direction is you have two years more and, then, you either move it or apply for full certificate of zoning compliance and design review. Zaremba: Yeah. Not to add more work, but it might not be a bad idea to have somebody swing by and take a look at it and see just -- I know they said they were going to paint it and we haven't heard from the public that it didn't get painted, but -- Friedman: We can get pictures and -- Zaremba: I thought maybe they were supposed to plant a tree or two. around it, too, so might want to review the notes from two years ago. I'm sorry about that. Friedman: No. That's fine. And we will get pictures and scan those and send those to you. F. Legal Department: Discussion and Update Regarding Varsity Kitchen Alcohol License Application Process C. Clerk's Office: Approval of New Beer and Wine License Application for Red Star Hospitality dba Varsity Kitchen Located at 1441 N. Eagle Rd. Suite 200. Zaremba: Yeah. Great. Thank you. Okay. Item F, Legal Department. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. What you have is an update on the Varsity Kitchen alcohol license and I think we are seeking direction as well. The Varsity Kitchen is the licensee for what was formerly the Bull's Head Pub and the Bull's Head Pub, when it was in operation was a single licensee in one building that had a restaurant underneath in the first floor and the upstairs Bull Head Pub served food that came from the downstairs kitchen. So, when they went to apply for a new license -- there is now two licensees in that building. One is the Lucky Fin Sea Food Restaurant that is open, it has CO occupancy, it has its own liquor license that's been approved and it's fine. The licensee believes they could, basically, maintain the same operation as the previous tenants, the previous licensees, on that parcel, so that was what they applied for is essentially a transfer of the old license. They initially got approved by ABC, Meridian City Council December 20, 2011 Page 30 of 36 Alcohol Beverage Control, then, when it came through our police department Lieutenant Overton realized there is two licenses on the premises and there was no food facility in the -- what is now being called Varsity Pub and because it's a separate license they can't get -- they have to have their own facility to be a restaurant. They can't -- you can't have an alcohol license and order pizza from Dominos to be your food vendor, you have to actually prepare food on site to be a restaurant. So, ABC still has approved them as a bar, they are still legally a bar under ABC standards, but under the city code's requirements they would need to be -- have a CUP to operate as a bar or they have to have a kitchen to be a restaurant and, then, it wouldn't require a CUP. So, we have notified the licensee of this Catch 22 that they are in and they have decided to install a kitchen and so we looked at our recent history and we had a different licensee when Brewforia went through this initially where they opened and they were still constructing a kitchen, so the planning department -- Pete Friedman had notified them that they need to get the process going to do that, to get a kitchen installed and they agreed to do that and submitted plans to build a kitchen in their facility, so what we agreed -- from the staffs perspective as a compromise to allow this business to get moving is that because they have plans that have been approved and they are in the process of building a kitchen, the city could approve just the beer and wine only, which is our only precedent that we have ever done. Not liquor, but just beer and wine only, until the remainder of this licensing period ends, which is April 30th. So, if by April 30th their kitchen isn't complete, they won't get a renewal, because this -- that was one of the conditions they had. They have the ability to apply for a CUP if they want to be a bar only and that process takes approximately the same amount of time, three to four months. They haven't applied for a CUP to this point, but we were comfortable with, again, the very limited times that we have had this issue come up that allowing them to operate with just beer and wine while they were in the process of building the kitchen would not be something that was offensive or shocking to what our ordinances allow and, again, we wouldn't allow alcohol, so this request is simply just for a beer and wine license while they get this kitchen installed and they are in the process of doing that from the last I was told. And if I have missed any of those points I think Pete has some background of that and Lieutenant Overton is out of town, but he did contact us today basically verifying that's what the police had agreed to was beer and wine only while they are in the midst of doing this. Zaremba: Pete, you're nodding your head. Friedman: Council President, Members of the Council, yeah, to date the status is that the applicant has actually received approval from Central District Health for their kitchen. They have also submitted plans to building services, they have received approvals there, so they will be moving forward with the kitchen. They may or may not be still considering the Conditional Use Permit to become a bar only. We haven't seen that. But at least they appear to be taking the steps to obtain a restaurant license and get a kitchen installed there at this time. So, again, as Mr. Nary said, I think, you know, we are -- we have arrived at a compromise with them, but it certainly still leaves a fair amount of responsibility on their part to perform something by April 30th or they won't be renewed anything. Meridian City Council December 20, 2011 Page 31 of 36 Zaremba: So, the next item on our agenda is that beer and wine license only, it's not including liquor, and it would expire at the end of April; is that correct? Friedman: That is correct. Zaremba: Council? Hoaglun: Mr. President. Just a question for you Chief Lavey or -- with Lieutenant Overton out of town, are we good to go? No problems out on your end. Lavey: Mr. President and Council, actually, Lieutenant Overton is back in town and I spoke with him at 5:00 o'clock at the station this evening and he concurs with what Pete had just said. The current plan is to go with the kitchen plan, but they are exploring other options as well. It really comes down to cost and the police department is comfortable with this temporary fix until April 30th. It's not unusual. We have done it in the past. But we can go either way. But currently that is the plan, yes. Hoaglun: Thank you. Zaremba: Thank you. All right. Then I believe we can move on to Item G. I would entertain a motion regarding the beer and wine license for Varsity Kitchen. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I would move approval of the new beer and wine license application for Red Star Hospitality, dba Varsity Kitchen, located at 1441 North Eagle Road, Suite 200, until April 30th. Rountree: Second. Zaremba: We have a motion and a second. Is that a roll call vote or do we need a -- okay. Madam Clerk, would you, please, call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. H. Clerk's Office: Approval of ~eer/VI/ine/Liquor Owner Transfer from Sea Swiper LLC to J & D Industries dba MUGGSYS; Located at 501 S. Main St. Meridian City Council December 20, 2011 Page 32 of 36 Zaremba: Next is another clerk's office item. H. Madam Clerk. Holman: Council President, Members of the Council, this is another one. Ada county is also meeting tonight and that is the only thing that is holding back this applicant from providing us with the proper documentation, so we are just asking for a conditional approval for Council President Zaremba to sign and for the Clerk to hold signature until they provide us with proof of Ada county approval. Zaremba: Council, any questions? I would entertain a motion. Hoaglun: Mr. President? Zaremba: Mr. Hoaglun. Hoaglun: I would move approval of the beer wine license -- beer wine liquor owner transfer from Sea Swiper, LLC, to J&D Industries, dba MUGGSYS, located at 501 South Main Street, here in Meridian pending approval by Ada county and authorize the President to sign and Clerk to withhold signature until that approval is received from the Council. Rountree: Second Zaremba: We have a motion and a second. Madam Clerk, would you call roll. Roll-Call: Bird, absent; Rountree, yea; Zaremba, yea; Hoaglun, yea. Zaremba: All ayes. That motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Future Meeting Topics Zaremba: Next item is future meeting topics. Anybody have anything they want to add? I suggested that our February workshop include a discussion of annexation, preliminary plat, concept plans. Anybody have any other subjects to discuss now or later? Rountree: Mr. President, don't have any other than with the holidays and -- the holidays the first -- end of January going into the first part of February and -- I'm wondering if, Pete, you guys are going to have enough time to have something of substance for us for that particular workshop or if you might want to wait until March. Friedman: I -- Council President, Council Member Rountree, Council Member Hoaglun, I think if you -- from our perspective some of it we are going to rely on you, because I think it's going to be a philosophical discussion, if you will. We can provide you with some alternative approaches, a couple that have been running through my head right Meridian City Council December 20, 2011 Page 33 of 36 now. To me details fall into things like size and stuff like that. Where do we put it? How do we put it? How do we provide flexibility. So, you know, again, depending on what level of detail you want, if you want to have a higher level discussion on the 10th, and, then, give me some -- you know. I mean we will come prepared with some ideas or if you want us to really flush it out and do it in March we are happy to do that, too, but -- Zaremba: I'm comfortable either way. I viewed the preliminary discussion as probably a more general thing and not necessarily needing all that much homework, but -- Rountree: I agree. I don't want a real high level thing. We can talk our concepts, our ideas, and you get a better handle of how to put the details together. Friedman: Yeah. Yeah. I appreciate that. I think once we get a sense of the Council, then, we can -- Rountree: Okay. Friedman: -- move forward. Zaremba: February would be okay? Friedman: Absolutely. Zaremba: Okay. That's not a statement, that's a question. Friedman: Mine was a statement. Absolutely. Zaremba: All right. Just want to make sure. It's not the only thing you have to do, so -- Friedman: I appreciate that. Thank you very much. Zaremba: Any other topics for discussion? Anybody else? I would entertain a motion to close. Rountree: I move we adjourn. Hoaglun: Second. Zaremba: We have a motion to adjourn and a second. All in favor say aye. Any opposed? MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: We are adjourned. Meridian Cily Council December 20, 2011 Page 34 of 36 Rountree: Merry Christmas, everybody. Zaremba: Merry Christmas, everybody. MEETING ADJOURNED AT 8:24 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TfjM~tlY DE WEER ~/ ORp'rBDADCU ('~~ ~~'D 3 ATTC CT. ~ 1 ~Xi/ RRiI~IAPW~IF~GEE m ~. SEAL li 3 ~ao~~ DATE APPROVED CITY CLERK ,~ u,