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HomeMy WebLinkAbout2012-02-07~~E IDIAN--- CITY COUNCIL REGULAR MEETLNG AGENDA Tuesday, February 07, 2012 at 7:00 PM 1. Roll-Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance by Troop 80 with the Hickories LDS Ward 3. Community Invocation by Pastor Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 10, 2012 City Council Workshop Meeting B. Approve Minutes of January 17, 2012 Pre Council Meeting C. Approve Minutes of January 17, 2012 City Council Regular Meeting D. Acceptance Agreement: Display of Artwork of Patricia Sadler Trainor in Initial Point Gallery from November 2 to December 28, 2012 E. Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from September 28 to November 2, 2012 F. Professional Services Agreement with Lisa Johnson Counseling and Consulting, LLC for Human Resources Services G. Award of Task Order 10158 for Professional Design Services for the "Waste Water Treatment Plant Chemical Feed Facility" Meridian City Council Meeting Agenda -Tuesday, February 07, 2012 Page 1 of 5 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. to SPF Water Engineering, for the Not-To-Exceed Amount of $87,000.00 and Authorize the Mayor to Sign and Clerk to Attest H. Award of Bid and Approval of Agreement for "Five Mile Creek Pathway Construction -Segment H1 Pine to Badley" to C&A Paving for the Not-To-Exceed Amount of $107,597.97 I. Approval of a Multi-Use Pathway Easement for Walmart Located at Overland/Stoddard J. Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2012 Event for a City Contribution Amount Not-to-Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not-to-Exceed Amount of $12,000.00 K. Findings of Fact, Conclusions of Law for Approval: 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 L. Findings of Fact, Conclusions of Law for Approval: RZ 11-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C-N Zoning District to the C-C Zoning District M. Findings of Fact, Conclusions of Law and Final Order for Approval: PFP 11-003 Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C-C Zoning District N. Findings of Fact, Conclusions of Law for Approval: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District O. Findings of Fact, Conclusions of Law for Approval: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 Meridian City Council Meeting Agenda -Tuesday, February 07, 2012 Page 2 of 5 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. (Medium Low-Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts P. Findings of Fact, Conclusions of Law for Approval: CUP 11- 009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District Q. Findings of Fact, Conclusions of Law for Approval: PP 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District R. Findings of Fact, Conclusions of Law for Approval: VAR 11- 003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 11-6C-3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Open as a Right-In/Right-Out Access Point to State Highway 20/26 S. Findings of Fact, Conclusions of Law for Approval: MDA 11- 011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision T. Findings of Fact, Conclusions of Law for Approval: MDA 11- 012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments Meridian City Council Meeting Agenda -Tuesday, February 07, 2012 Page 3 of 5 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. U. Final Order for Approval: FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District V. Resolution No. 12-835: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Blvd, East of N. Jayker Way & West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2)Remove the Common Drive Easements on Lots 6, 7, 8, 9, 16 and 17, Block 11; & 3)Modify Plat Note #16 Removing Common Lot 18, Block 11, Platted with Jayker Subdivision No. 1 6. Items Moved From Consent Agenda None 7. Action Items A. FP 12-001 Spurwing Grove No. 3 by SWG Brighton, LLC Located North of W. Greenspire Drive, Approximately 600 Feet West of N. Jayker Way Request: Final Plat Consisting of 21 Residential Building Lots and 3 Common Lots on 6.58 Acres in an R-8 Zoning District (Pg 6-7) Approved B. FP 12-002 Messina Meadows No. 3 by Tuscany Development, Inc. Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Consisting of 18 Residential Building Lots and 3 Common Lots on 5.23 Acres in an R-8 Zoning District (Pg 7-8) Approved 8. Department Reports A. Mayor's Office: Resolution No. 12-836: A Resolution Appointing Tiffany Morrin to Seat 6 of the Meridian Parks & Recreation Commission for a Term to Expire October 31, 2012 (Pg 8-9) Approved B. Mayor's Office: Resolution No. 12-837: A Resolution Appointing Adrianna Lutu as a Youth Member to the Parks and Recreation Commission for a Term to Expire August 31, 2012 (Pg 10) Approved C. Mayor's Office: Resolution No. 12-838: A Resolution Appointing Ellen Caminiti as a Youth Member to the Solid Meridian City Council Meeting Agenda -Tuesday, February 07, 2012 Page 4 of 5 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. Waste Advisory Commission for a Term to Expire August 31, 2012 (Pg 10) Approved D. Planning Department: Southridge Subdivision Building Elevations (Pg 10-21) Approved with Conditions E. Police Department: Donation of Radios, Modems, and Radio Parts to Payette County Sheriffs Office (Pg 21-23) 1. Amended onto the Agenda: Resolution No. 12- 839: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Payette County Sheriff Department, Idaho Approved F. Fire Department: Donation of Radios to Emmett Fire Department (Pg 21-23) 1. Amended onto the Agenda: Resolution No. 12- 840: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Emmett Fire Department, Idaho Approved G. Public Works Department: Award of Bid and Agreement for the "NW 1st Street Water Main Replacement" Project to the Low Bidder, Star Construction LLC., for the Not-To-Exceed Amount of $88,619.50 (Pg 23-28) Cancel Award 1. Amended onto the Agenda: Discussion of Nampa Meridian Irrigation District (NMID) License Agreement H. Clerk's Office: Approval of Beer License Owner Transfer from Crawforth Brothers 4, LLC to Doughboys LLC dba Piehole Pizza Located at 726 N. Main St. (Pg 28) Approved 9. Future Meeting Topics Adjourned at 8:15 p.m. Meridian City Council Meeting Agenda -Tuesday, February 07, 2012 Page 5 of 5 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 February 7, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, February 7, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Brad Hoaglun. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Tom Barry, Tracy Basterrechea, Perry Palmer and Dean Willis. Item 1: Roll-call Attendance: Roll call. David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience. We will go ahead and launch right into our regular meeting agenda first by thanking you all for joining us here this evening. For the record, it is Tuesday, February 7th. It's 7:05. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance by Troop 80 with the Hickories LDS Ward De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led by Troop 80. They are with the Hickories LDS Ward and so I will turn this over to them and instruct you to do what they need you to do. Come on forward. (Pledge of Allegiance recited.) De Weerd: If I could ask you to come forward. I have some City of Meridian pins for you and your fellow members and also your leaders. And I'll ask you for your name. Hines: Tyler Hines. De Weerd: Tyler Hines. Well, thank you for leading us this evening. There is yours and Iwill -- thank you for being here. And I will start by saying you don't have to stay for the whole meeting, but if you would like to you're more than welcome. It's very exciting. Item 3: Community Invocation by Pastor Troy Drake with Calvary Chapel Meridian City Council February 7, 2012 Page 2 of 30 De Weerd: Item No. 3 is our community invocation. Tonight we will be -- is Pastor Troy Drake here? Thank you for joining us. Please join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Drake: Let us pray. Father God, we -- on behalf of these people here just want to thank you for Meridian and for the freedom that we have, God, to vote and to elect officials and to live, essentially, the way that we want in this country and I just pray that you would protect this city and, God, that you be with these people as they make decisions in our behalf and, Lord, you said in your Word that righteousness exalts a nation and, Lord, I know that that applies here as well and I just pray that your will would be done in Meridian, that you would impart wisdom upon the Mayor and the Council men and women and encourage them, Lord, help them in their decision making. I pray that you would protect the city and keep the citizens safe and, Lord, that we would desire the things that you desire and so help us to seek you, God, with our whole heart in this town and that you would give us much favor, Lord. So, we are grateful to you and for what you're going to do, in Jesus' name, amen. De Weerd: Pastor Drake, if can give you a City of Meridian pin Drake: I have got one. I should have worn it, Mayor. Thank you De Weerd: Well, thank you for being here. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is the adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under the Consent Agenda, Item 5, 5-B is resolution number 12-835. Under Department Reports, 8-A, is resolution number 12-836. 8-B is resolution number 12-837. 8-C is resolution number 12-838. Under 8-E we need to add an E-1, which is resolution number 12-839, which is the resolution to donate the radios, modems to the Payette County Sheriffs Office. Under 8-F we need to add item one, which is resolution number 12-840. Again, the resolution to donate radios to Emmett Fire Department. Under 8-G we are going to also add in a discussion of Nampa-Meridian Irrigation District license agreement. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. Meridian City Council February 7, 2012 Page 3 of 30 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda Approved A. Approve Minutes of January 10, 2012 City Council Workshop Meeting B. Approve Minutes of January 17, 2012 Pre Council Meeting C. Approve Minutes of January 17, 2012 City Council Regular Meeting D. Acceptance Agreement: Display of Artwork of Patricia Sadler Trainor in Initial Point Gallery from November 2 to December 28, 2012 E. Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from September 28 to November 2, 2012 F. Professional Services Agreement with Lisa Johnson Counseling .and Consulting, LLC for Human Resources Services G. Award of Task Order 10158 for Professional Design Services for the "Waste Water Treatment Plant Chemical Feed Facility" to SPF Water Engineering, for the Not-To-Exceed Amount of $87,000.00 and Authorize the Mayor to Sign and Clerk to Attest H. Award of Bid and Approval of Agreement for "Five Mile Creek Pathway Construction -Segment H1 Pine to Badley" to C&A Paving for the Not-To-Exceed Amount of $107,597.97 Approval of a Multi-Use Pathway Easement for Walmart Located at Overland/Stoddard J. Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2012 Event for a City Contribution Amount Not-to-Exceed $8,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not-to-Exceed Amount of $12,000.00 K. Findings of Fact, Conclusions of Law for Approval: 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 Cily Council February 7, 2012 Page 4 of 30 L. Findings of Fact, Conclusions of Law for Approval: RZ 11-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C-N Zoning District to the C-C Zoning District M. Findings of Fact, Conclusions of Law and Final Order for Approval: PFP 11-003 Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C-C Zoning District N. Findings of Fact, Conclusions of Law for Approval: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District O. Findings of Fact, Conclusions of Law for Approval: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 (Medium Low-Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-8 (Medium-Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts P. Findings of Fact, Conclusions of Law for Approval: CUP 11- 009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District Q. Findings of Fact, Conclusions of Law for Approval: PP 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District R. Findings of Fact, Conclusions of Law for Approval: VAR 17- 003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 11-6C-3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Meridian Cily Council February 7, 2012 Page 5 of 30 Open as a Right-InlRight-Out Access Point to State Highway 20126 S. Findings of Fact, Conclusions of Law for Approval: MDA 11- 011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision T. Findings of Fact, Conclusions of Law for Approval: MDA 11- 012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments U. Final Order for Approval: FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District V. Resolution No. 12-835: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Blvd, East of N. Jayker Way & West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2)Remove the Common Drive Easements on Lots 6, 7, 8, 9, 16 and 17, Block 11; & 3)Modify Plat Note #16 Removing Common Lot 18, Block 11, Platted with Jayker Subdivision No. 1 De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under the Consent Agenda, as noted earlier, 5-V is resolution number 12- 835. And with that I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Bird: Second. Meridian City Council February 7, 2012 Page 6 of 30 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. FP 12-001 Spurwing Grove No. 3 by SWG Brighton, LLC Located North of W. Greenspire Drive, Approximately 600 Feet West of N. Jayker Way Request: Final Plat Consisting of 21 Residential Building Lots and 3 Common Lots on 6.58 Acres in an R-8 Zoning District De Weerd: So, we will move into Item 7-A, which is final plat 12-001. I will turn this over to staff for comment. Friedman: Thank you, Madam Mayor, Members of the Council. This is a final plat for the third phase Spurwing Greens, formerly known as Jayker Subdivision. It consists of 21 residential lots on six and a half acres of land, with an overall density of 3.6 dwelling units per acre. City staff has reviewed the plat and found it to be in substantial conformance with the approved preliminary plat and we recommend approval to the Council, subject to the conditions contained in the staff report. The applicant, Mr. Wardle, has responded that the applicant is in agreement with the staff report and the conditions contained therein. And I would be happy to answer any questions you might have. Bird: I have none. De Weerd: Okay. Thank you, Pete. Does the applicant have any comment? Okay. Thank you. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 12-001 and include staff comments and the agreement of the applicant. Meridian City Council February 7, 2012 Page 7 of 30 Rountree: Second. De Weerd: I have a motion and a second to approve 7-A. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. B. FP 12-002 Messina Meadows No. 3 by Tuscany Development, Inc. Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Consisting of 18 Residential Building Lots and 3 Common Lots on 5.23 Acres in an R-8 Zoning District De Weerd: 7-B is final plat 12-002. I will ask for staff comments at this time Friedman: Thank you, Madam Mayor, Members of the Council. Again, another final plat. This time for Messina Meadows. This also is the third phase. Council hasn't really seen much out of Messina Meadows in a number of years -- actually, phase two was last -- received the city engineer's signature in 2008. The current final plat proposed is to create 18 lots on about five acres of land and for an overall density of about three and a half units per acre. Just as a note, this third phase leaves approximately 25 acres left in the preliminary plat. So, it looks like we will be seeing more of those in the days to come. We have reviewed it, found it to be insubstantial conformance of the preliminary plat, recommend approval, again, subject to conditions. Again, the applicant has reviewed the staff report and is in agreement with the staff report conditions and has transmitted that agreement to the city. De Weerd: Thank you. Any comments? Yes. Good evening. If you will, please, state your name and address for the record. Wardle: Madam Mayor, Council Members, Mike Wardle with Brighton Corporation, representing Tuscany Development this evening at 12601 West Explorer Drive in Boise. De Weerd: Thank you. Wardle: I just want to note that when we were here on time extension for this project the last year there were concerns expressed by the neighbors. The neighbors have recently noted that all of their concerns have been addressed and have been communicating with us about possible interface with some of the land that they have that's surrounded by this future phase. So, I just wanted to account for the fact that you warned me, Madam Mayor, that you knew where to find me if we didn't take care of it and I believe that we have, so thank you very much. Meridian City Council February 7, 2012 Page 8 of 30 De Weerd: I appreciate that report. Thank you, Mike. Okay. Council, any further information needed on this item? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve FP 12-002, Messina Meadows No. 3, subject to staff comments and the indication from the applicant in agreement with those comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 7-B. Seeing no discussion, madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED:. THREE AYES. ONE ABSENT. Item 8: Department Reports A. Mayor's Office: Resolution No. 12-836: A Resolution Appointing Tiffany Morrin to Seat 6 of the Meridian Parks & Recreation Commission for a Term to Expire October 31, 2072 De Weerd: And, again, Mike, if you will, please, convey our appreciation to taking care of the neighbors' issues, we would appreciate that. Thanks. Okay. Item 7-A. Council, in front of you is a resolution 12-836 to appoint Tiffany Morrin to Seat 6 of the Meridian Parks and Recreation Commission. This is to expire this October. We had Michael Martin that had to step down due to some conflicts with his work. Tiffany expressed an interest during our last opening and was one of those that if we could have selected two she would have been in front of you earlier than this, but I -- you have her information and she is here in the audience this evening. I will give her a chance to speak to you, but would entertain any questions. Bird: I have none, Mayor. De Weerd: Okay. Rountree: None. De Weerd: Well, then, I would entertain a motion to approve the appointment of Tiffany Morrin for Seat 6. Meridian City Council February 7, 2012 Page 9 of 30 Bird: Madam Mayor? Rountree: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve resolution number 12-836 appointing Tiffany Morrin to Seat 8 of the Meridian Parks and Recreation Commission. Rountree: I'll second that if it's Seat 6. Bird: Seat 6. I need to get my glasses on so I can see. I'm sorry. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Tiffany, would you like to make any comment? No? Oh, come on. Bird: We will get her tomorrow night. De Weerd: Thank you for joining us this evening. Morrin: Thank you for having me. I appreciate it. Mayor and Councilmen, thank you very much for your appointment. I appreciate it and I hope to do the city proud. De Weerd: And I will commend Tiffany. She has been working with the city on a couple of different projects in her role with Broadview University and she's also on one of our work groups with the communications focus. So, appreciate your interest in serving the community on the Parks and Recreation Commission and also your involvement with the city up to this point. Morrin: Thank you. I appreciate it. De Weerd: We look forward to working with you. Morrin: Thank you. Rountree: Thank you. Meridian City Council February 7, 2012 Page 10 of 30 B. Mayor's Office: Resolution No. 12-837: A Resolution Appointing Adrianna Lutu as a Youth Member to the Parks and Recreation Commission for a Term to Expire August 31, 2012 Approved C. Mayor's Office: Resolution No. 12-838: A Resolution Appointing Ellen Caminiti as a Youth Member to the Solid Waste Advisory Commission for a Term to Expire August 31, 2012 De Weerd: Okay. Council, on Items 8-B and C, these are our youth member appointments to the Parks and Recreation Commission, as well as SWAC, and you have in front of you resolution 12-837 and 12-838. I would stand for any questions on these two appointments. Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the resolution number 12-837 and 12-838 for the appointment of the youth members for Parks and Rec and the SWAC. Bird: Second. De Weerd: I have a motion and a second to approve Items 8-B and C. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Planning Department: Southridge Subdivision Building Elevations De Weerd: Item 8-D is under our Planning Department, so I will turn this over to Pete. Friedman: Thank you, Madam Mayor, Members of the Council. I'm going to set the stage for this discussion for you and run through it briefly and, then, turn it over to Mr. Barton, if the Council chooses to hear from him, but, briefly, when Southridge Development was originally approved, the development agreement included sample elevations, which are the ones we printed off that are in color, the eight and a half by elevens. Those were tied to the development agreement, but there was a condition in the development agreement that architectural guidelines for Southridge be prepared. Those have not been prepared to date. Subsequent to the approval of Southridge the Meridian City Council February 7, 2012 Page 11 of 30 ownership of the residential portion changed. Mr. Barton from CBH Homes has purchased that. They submitted some sample building elevations, because they want to commence building on the first phase, the first 65 lots in phase one, which are on the screen and also on the single eight and a half page handout that we left for you. At that time the proposed elevations came before Council, Council reviewed them and decided to go with the existing elevations until such time as new ones were submitted with design guidelines through a development agreement modification. Subsequent to December 20th Mr. Barton indicated that he's interested in hitting the spring building season and start in building out there and is seeking Council direction in, essentially, approving some revised elevations that they have developed since then and I'll run through these briefly on the screen, but you also have them in the eight and a half by 17 or 11 by 17 document in front of you. These are seen as sort of an interim step. He is in the process of developing a set of design guidelines and elevations with a development agreement modification that will be back before you, but it's been represented to us that those -- that modification may not be ready in time to hit the spring building season, so, briefly, what we have tried to do in our presentation is show you on the left the elevations that were approved for the -- with the original development agreement and the ones that are proposed. He can correct me if I'm wrong, but, basically, the ones that you see that largely don't have garages are proposed for the alley lots, which are located in the western portion first phase and the ones, obviously, with garages are going to be the street facing front .loaded elevations. So, I was going to run through these quickly and, then, I will, with your permission, turn it over to Mr. Barton and, then, I will just function as -- moving these back and forth if he has a presentation. One thing I would point out to you is that in going through the original development agreement elevations you have three or four pages of images, but on the last page the only image you have is a -- simply a drawing of the alley loads. So, it's my understanding that most of the rest of the color pictures were intended for the -- either the front loaded street facing lots or some of the larger lots on the hillside. So, briefly, the existing American Farmhouse style is on the left. The proposed ones are on the right. Again, the existing proposed Tuscan elevations are on the left and -- or the existing are on the left, the proposed on the right. American Frontier, you see the existing on the left, proposed on the right. Tuscan Farmhouse, the existing elevation is on the left, the proposed are on the right. And this is a new style that they are proposing, I believe, for both the alley load and the street phasing. There is a lot of black and white pictures here, but I think the photographs probably give you a better indication of what's being proposed and, again, in summary he's requesting your direction or approval of these elevations in an interim -- as an interim measure in order to get started this spring and, then, we will be back. We have been actually meeting with them on a development agreement modification. So, I would be happy to answer any questions. If you have any questions of the owner he's in the audience and is prepared to speak to these. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 7, 2012 Page 12 of 30 Rountree: Pete, would you run through the presentation one more time in terms of the photos that you have? Friedman: Sure. Okay. So, tell me when to stop. Hoaglun: Madam Mayor and Pete. So, what we have here is what was existing and, then, the proposed are on the right, so -- Friedman: That's correct. That's correct. Hoaglun: Okay. So, these are just the ones that were before? Okay. Friedman: Yeah. What I -- Madam Mayor, Members of the Council, Councilman Hoaglun, I took the low tech approach and printed them off for you, because I figured it probably would allow you to have a closer look than doing it on the screen. Hoaglun: Okay. Thank you. De Weerd: I guess, Pete, as we look at some of these different elevations and some of them are closer than others and I imagine the first couple were the larger homes -- are going to be up to -- up closer to where the existing homes. are where -- if I recall when Southridge came through there -- there was a lot of public interest to this and concern, which I think drove some of these elevations and -- and house sizes as well and I certainly understand in today's market how those need to be a little bit different, but there is -- Southridge continues to be kind of a hot potato with residents out there. I imagine that we did the minimal legal notice on this. Friedman: Madam Mayor, Members of the Council, if I could go back one before. We did not notice this. This is a department report. Right now the phase that we are looking at is the one that is kind of down low in the valley. It doesn't butt up to any of the adjacent properties. If you look at the zoning map over here, it's just this area right here. Back here is Val Vista and Alpine view. And, then, you still have the R-4 -- you have some R-4 properties that have yet to be platted, in fact, in there, so -- De Weerd: Can we look at the housing types that are going to be in the particular area that we are talking about? Friedman: I think at this point with the Council's permission I would like to turn this over to Mr. Barton, he can specifically address which ones are planned for that area. De Weerd: Okay. Friedman: I will drive the pictures, if you will. De Weerd: Very good. Meridian City Council February 7, 2012 Page 13 of 30 Friedman: Or Mr. Jewett. De Weerd: Like, wow, I thought Mr. Barton really changed. Significantly. Jewett: Is that good or bad? De Weerd: I'm not telling. Jewett: Okay. De Weerd: If you will, please, state your name and address for the record. Jewett: James Jewett. 2440 South Eagle Road, Meridian. De Weerd: Thank you. Jewett: When we originally submitted Southridge it was the intention to have a design review guideline book for the entire plat and we just haven't finished that yet and that document will address all those adjacent properties that we had special conditions on as far as width, height, design styles. What we have tried to do on this one, just to get phase one underway, was just layout the plans that would fit the five different styles that. was in the original document for these lots only. So, these plans you're looking at are only for these lots within phase one. The house plans for these homes that are going to be up adjacent to the additional phases will be all contained within the design guidelines book, which will come back through a DA mod. So, I don't know if that exactly answers your question, but we just simply tried to match several different elevations to each design style within this phase only. De Weerd: Okay. Jewett: So, when you Look at some of those bigger footprint homes in that original submittal in the Southridge plat, we don't have any of those house sizes in this phase at all. De Weerd: Okay. Council, do you have any questions for Mr. Jewett? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Who will -- will Corey Barton Homes be doing the rest of it or is this their only phase they have got at this time? Jewett: No. They will be doing the entire project. Bird: So, they will be the ones responsible for the R-4 elevations? Meridian City Council February 7, 2012 Page 14 of 30 Jewett: Yes. When we submit preliminary plats for those adjoining R-4s and R-2s, we will -- Bird: Okay. They will be the one responsible? Jewett: That's correct. Bird: Thank you De Weerd: Any further questions from Council? Pete or -- and/or Jim, certainly as we have been looking at our design guidelines we have had concern about treatments on the backside of the homes that are up against arterials and entrances and so do we have those guidelines in place as well? Friedman: Madam Mayor, Members of the Council, we do not have those in place. We have emphasized repeatedly both to this developer and others, of our interest in seeing that. We do have some language in Chapter E of the design manual right now that states that and when their design guidelines do come back for your review and consideration, trust me, there had better be some language to that effect in there, because it isn't mantra that. we do repeat almost every time we meet with someone, recognizing your interest in that. And to get back to the Mayor's earlier question about notification, since they will be coming back with a development agreement modification that will be a noticed Council hearing. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Pete. On the American Farmhouse on the proposed -- it shows the porch roof on the house on the upper right as having ametal -- is that -- is that allowed - - Ican't remember what our design requirements are for that sort of thing. Friedman: If I recall, mostly, again, on most of our commercial areas we try to preclude metal as a full body -- full body treatment. I think as a roof it would comply with our guidelines, because, again, we are after a mix of materials -- mostly what we are after is mix of materials and textures and trying to get some variety in detailing I think in almost any of these. Hoaglun: Okay. Thank you Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 7, 2012 Page 15 of 30 Rountree: Pete, do you have sufficient information to make a determination whether or not these proposed elevations meet the design guidelines? Friedman: Madam Mayor, Council Member Rountree, Council Members, I do believe we do. Just even looking at these when they were first presented to us, they -- recognizing that they were not exact duplications of those examples that were provided with the original development agreement, but, then, as I mentioned earlier, if you turn to the last page in the eight and a half by 11's, really, we only had one alley loaded example there. A couple of these, again, I would have some concerns about most of them -- I think my first reaction was we are getting much closer to what we had always envisioned in our residential design guidelines, again, trying to get -- it's the architectural detailing and it's the mix of materials, I think, that is -- and textures that is critical on these. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: So, your characterization of getting much closer gives me some concern. And, again, my question is do we have enough specificity to accomplish what it is we want to accomplish if we act on this tonight or do we need more specificity.. Friedman: Well, Council Member Rountree, Members of the Council, I believe we do. I think our challenge will be just insuring that -- because we don't do design review, we don't require certificates of zoning compliance on single family homes. Our challenge will be to make sure when building permits are applied for that we have a way of tracking these and I think we can do that with the building restriction forms and having these at the counter, particularly since we are now co-located in the first floor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Jewett, can you give me a time when your design guide will be done and submitted to the city, so you can be in compliance with the development agreement? Jewett: There was a meeting yesterday regarding all the changes necessary to go into the DA mod. There are more changes than just this. You know, we are constantly working on the design guidelines and I hope that everything can be turned in by the end of February. But there is a lot of factors involved, a lot of other players, but I am -- I met with the engineer today and tell them just, please, move it along, let's get it in. Rountree: And has anything been submitted yet for this -- to the city for -- in a draft form for an additional reaction? Jewett: No, that's supposed to be ready in some form by Friday. Meridian City Council February 7, 2012 Page 16 of 30 De Weerd: So, Pete, what -- what specifically is in front of Council tonight? Is it looking at particular designs for just that one area? Friedman: Madam Mayor, Members of the Council, that's correct. What the applicant -- or the owner has proposed is they would like Council's direction or blessing, if you will, on the proposed elevation for just those 65 lots that are located in the very first phase. The way to describe it is kind of down low. It's actually right next to the library and school site and, then, again, as you move farther south you start getting into the medium density and, then, on low density properties, which haven't even been platted at this point. De Weerd: Is there a chance you can be specific on what particular ones you're considering in that and not just this whole packet, but -- or is it all the houses in this whole package? Jewett: All the houses in that packet would be options on any or all of the lots in that first phase. De Weerd: And I know Corey has built a couple of very nice neighborhoods, but certainly this will set the theme for the rest of the area. So, certainly, it kind of, to a certain degree, concerns me to just do one small piece of a total development without the ability to show people even how this first phase might influence the rest of the development and to move forward without having many of the people who was -- were involved from the very beginning to be able to comment on it and that's -- I understand this is not up against those homes, but it will set the tone. Jewett: Madam Mayor and Council, I agree with you and -- but what our attempt is is to take the five distinct styles that we submitted and just simply show how these plans meet those styles, so we are not changing anything within the development agreement with these plans, we are just showing how they coincide with that original plan. The document that we are going to bring back in a DA mod will just be more specific to match the certain texture, feel, and style of the homes going forward, instead of being more generic to those photos that were submitted in the original package. De Weerd: But, see, I think some resemble some better than others and that's -- therein lies my concern, depending on where they are going to be and the public input regarding that. Jewett: And, again, I would agree that some are similar more than others, but in this particular phase is the absolute smallest lots, because they are in the area that was the highest density is where our starting point is. So, it's -- you can't similize a big home into a small lot to be exact. We do the best we can by matching a style, feel, and texture and that's what we have attempted to do, is simply take those styles and incorporate them to the homes that will fit on these first phase lots and so I think that what we are asking for is that -- for the Council to find that they are consistent with the Meridian City Council February 7, 2012 Page 77 of 30 homes and style, feel, and texture and allow us to move forward with phase one and, then, incorporate these, as well as the other house plans in the future for the additional phases. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Jim, so, really, right now you're starting with the smallest lots, just because that's a function of the economy it sounds like or -- Jewett: It's a function of how the plat was laid out. It's not so much the economy. We are not saying these are going to be the lowest price homes, we are just saying they are the smallest, they are in the most urban part of the plat next to the school, next to the library, next to the commercial. As the way we designed the plat is you move away from that the larger lots occur. So, it's really not a function of the economy a hundred percent. Hoaglun: Okay. Thank you. De Weerd: Any further questions from Council? Bird: I have none. Rountree: Madam Mayor, I don't have a question, but I have a comment. This particular project has been on the boards for a number of months, if not years, and we yet to have complete compliance with the development agreement and we are being asked to extend the completion of that development agreement in order to accommodate this. I want some assurance that the development agreement is going to be completed and the design guides done. I would be in favor of deferring action on this and seeing if we really and truly do see something on Friday -- that there might be some work being on the design guide and at that point if there is, in fact, a good faith effort to complete the development agreement, then, take some action. But right now I see no action, other a number of times we have seen requests on this particular project to do things before the development agreement has been in compliance, everything from the elevations, to material extraction, to -- you name it going on out there and we still don't have a completed development agreement. I'm sorry, but you have come to the trough a lot of times and we -- we have nodded our head, yes, but I need to see something on this and you have had a of lot time to work on this design guide, Jim. And I understand the economy stuff and it's expensive to do, but you made the commitment to us years ago. Jewett: Madam Mayor, Council, I'm not going to sit here and blame the economy. The development agreement gave us two options, design guidelines or follow City of Meridian design standards and back when we decided to go forward with phase one, we chose the option of going with design guidelines and we have sat with Anna and we Meridian City Council February 7, 2012 Page 18 of 30 said we will have design guidelines up, just go ahead and coincide them and you don't have to do design guidelines. That's why we are here on phases one without ours, because we were -- we thought we would just comply with the city's design review guidelines. So, I'm not saying that we shouldn't just go get them done and get them done tomorrow, because we are attempting to do that. There is just a little bit of frustration with doing DA mod after DA mod after DA mod and we want to come together with one DA mod to address all the changes that's occurred out there, so we are all consistent. You know, Southridge has been coming to you for some time now, but we have reconstructed Overland Road, we have done major improvements out there that has cost a lot of money in this economy we have stood by that and we have performed and we believe that if there was complete design guidelines within the city we would comply with it a hundred percent and all we are asking for is the consent that this is in concert with what we have submitted, so we can go forward while we finish that last component and so I would ask that you not defer us until -- any longer and we got a recorded plat, we have lots there and we have a builder that wants to get started, wants to go vertical on a product that he's proud of, I'm proud of, and I believe you will be proud of once we get up and all I ask is for that opportunity to let us get moving. Rountree: Madam Mayor, I have a question for Mr. Nary. De Weerd: Uh-huh. Rountree: In seems to me if we take an affirmative action on this, don't we need something official in terms of a DA mod to really make it right? If we can just say, yeah, okay, do this and we know there is a requirement in the DA to do something different, why do we do development agreement modifications? Nary: Madam Mayor, Members of the Council, if I understood correctly from the conversation is the -- what they are asking -- they are saying, basically, is this substantial compliance with the agreement that you already have. Now, if you want to, then, apply that to all of the rest of the development, because some of that hasn't come forward, that's what the modification is about, if I understand. So there is some that are existing and if you don't believe it's in substantial compliance or your concern is is that you have neighbors that are going to be concerhed about it, then, yeah, you can direct that you're not comfortable with it, you want them to go through modification. I think they are wanting to try to get moving, but certainly that's your prerogative. If you don't think without a public input that you can make that determination that it's satisfactory and meets substantial compliance, that's certainly your prerogative. Now, did I misstate that, Pete? I saw you shake your head at part of it, so -- if Madam Mayor is okay with you commenting. Friedman: Madam Mayor, Members of the Council, I think Mr. Nary encapsulated it pretty well. What we really were looking for was direction, because we didn't feel it was appropriate for us at the staff level to make the decision. Again, we have the existing elevations that were approved as part of the development agreement and the Council affirmed or reaffirmed those elevations at the December 20th meeting. At that same Meridian City Council February 7, 2012 Page 19 of 30 meeting we said we still do not have the design guidelines as proposed in the development agreement, so let's let Chapter E of the design manual control until such time as they submit those and it was after that meeting that they brought this pallet of -- of designs to us and said, well, you know, we feel these meet the intent of the current elevations, what do you think, and I said that will be a Council decision and with the understanding that it was only for this phase and that, again, we have an expectation that there will be a set of elevations and design guidelines for the entire Southridge development and, in fact, in our discussions I said it might be worthwhile putting together what was commonly known as a plan book, so that you can, you know, flip to different pages that might represent different areas within the Southridge development and that would be part of the actual development agreement hearing public process. Bird: Madam Mayor? De Weerd: Mr. Bird? Bird: Jim, now you told me earlier that Corey was going to plan all these and be responsible. Now, who are we -- who are we signing the development agreement with, JLJ or Corey Barton Homes? Jewett: The development agreement has a laundry list of people that sign it, from JLJ, to Linder 109, to the Meridian School District, to the library, to CBH Homes, and CABRA, because as we sell pieces of this property they become part of this development agreement. So, there are multiple people that sign this -- that sign off on it. Bird: I understand that. But right now are all these people partners in Southridge right now? Jewett: They all own a part. If you're talking about just the residential, the responsible party will be CBH Homes. Bird: Okay. I hate to -- I hate to hold it up and I think all you're asking, Pete, is are we okay with the elevations, am I not right? Friedman: Madam Mayor, Members of the Council, Councilman Bird, that's correct. I mean we want -- we were requesting some direction in terms of your feeling if the revised elevations that were bought before tonight reflect the elevations that currently exist solely for this first phase. Bird: And I -- Madam Mayor? I -- personally I have no problem with that. I -- but I do have -- I'm like Councilman Rountree, Ihave a -- I have a real problem, because we have -- we have waited and we have waited and we have waited and we have been told this and we have been told that about the development agreement and I'm tired of waiting. I do not want to hold up the project, but at the same token I want it -- I want what was promised to us about five or six years ago to get done. Meridian City Council February 7, 2012 Page 20 of 30 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to comment, I think these close enough -- these are for the smaller -- smallest lots, as I -- as Mr. Jewett had indicated of the whole development up there. You know, they -- they are a close reflection of what looks like will be the ongoing design for the rest of the development for the residential areas and I think I could sign off on that in terms how close they are and agree that this can move forward for this particular area only. De Weerd: Well -- and I would stress that particular area only, because I don't agree in some areas that they are very close, so -- and I guess I have already said that. Pete, did you have something to add? Friedman: Madam Mayor, Members of the Council, again, we have only had these for a short period of time, since we transmitted them to you last week. I know the owners desire of getting moving. If you would like to take these and cogitate on them and review them and take a look at them, maybe go through them and as the Mayor's indicated there. may be some that are closer than others. I share the Mayor's feelings. There are some that maybe closer than others -- and wade through them and, then, bring it back with some further direction or further refinement, if that's the pleasure of the Council that may be an option within the next week or two weeks. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That isn't going to change my mind. I mean I think the elevations are -- and, you know, he's -- the owner is the one that's got to sell the product and he knows what's selling, I don't. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My issue is not with the elevations. I think they are as consistent as you can be short of repeating the things that we have seen in the past. I just want it understood that -- and the Mayor said it, that if we take action on this and if we approve these or something similar to these, that it's only for this phase. We have already taken action on what we expect a couple times and that's what we expect in the design guide. So, I would move that with that understanding that we go ahead and affirm to Mr. Jewett and Mr. Barton that these elevations as proposed are acceptable for the initial phases of this particular part of the development and also caution that if they aren't particularly successful that it will have some bearing on future decisions. Meridian City Council February 7, 2012 Page 21 of 30 Bird: I second that. De Weerd: Okay. I have a motion and a second. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Would the motion maker like to add something getting it -- before any other development is planned out there to modify -- or the DA -- the DA is done, so we don't have 500 modifications? Rountree: I would consider that a friendly amendment. Bird: Second agrees. De Weerd: Are you the friendly amender or are you the second? Bird: He's going to amend it. Rountree: I would accept the proposed amendment. De Weerd: Okay. Bird: And the second agrees. De Weerd: Okay. Any further discussion? We have an amended motion to approve the design in lieu of the original for the first phase as denoted on the map in front of us. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Jewett: Thank you. E. Police Department: Donation of Radios, Modems, and Radio Parts to Payette County Sheriffs Office 1. Amended onto the Agenda: Resolution No. 12-839: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Meridian City Council February 7, 2012 Page 22 of 30 Declare Surplus Property and to Donate Equipment to the Payette County Sheriff Department, Idaho Approved F. Fire Department: Donation of Radios to Emmett Fire Department 1. Amended onto the Agenda: Resolution No. 12-840: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Emmett Fire Department, Idaho De Weerd: Thank you. Okay. Item 8-E. Basterrechea: Madam Mayor, Members of the Council -- De Weerd: They are leaving during the most entertaining portion. Basterrechea: What's that? I know. The most entertaining portion. De Weerd: I know. Rouhtree: This is the fun part. Basterrechea: This is the exciting part. I can't believe they left. What we are requesting is permission to donate our old radios and modems and radio parts that we have. Since we have converted over to 700 megahertz the radios -- our old radios have become absolute. We have no use for them. So, we would like to donate those to the Payette County Sheriff's Office for their use. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Items E and F, resolution 12-839 and 12-840. Hoaglun: Second. De Weerd: I have a motion and a second to approve Items 8-E and F. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 7, 2012 Page 23 of 30 De Weerd: Good job, deputy chief. Hoaglun: And Madam Mayor -- De Weerd: For the both of them. Hoaglun: Yeah. Perry owes him a lunch or something I'm sure. Bird: Madam Mayor? De Weerd: Yes. Bird: Perry, I want you to ask when -- the fire department bought radios in 1905. We have got a whole list of them down there in the list you give us that was bought 1905. De Weerd: Why wouldn't it be in a museum, Councilman Bird? Bird: We didn't even have a fire department and radios weren't even invented. De Weerd: Either that or they are going to be in the Parks Department. Bird: Before that record goes into public records you make sure they get changed. I think it's '95. Palmer: I think so. G. Public Works Department: Award of Bid and Agreement for the "NW 1st Street Water Main Replacement" Project to the Low Bidder, Star Construction LLC., for the Not-To-Exceed Amount of $88,619.50 Cancel Award 1. Amended onto the Agenda: Discussion of Nampa Meridian Irrigation District (NMID) License Agreement De Weerd: Okay. Item 8-G is under our Public Works Department. I will turn this over to Mr. Nary. I'm sorry. Mr. Barry. It kind of rhymes. Barry: Thank you, Madam Mayor, Members of the Council. We have two items before you this evening. The first is in regards to aNampa-Meridian license agreement we have been talking about for some time and the second is the award of a bid and agreement for Northwest 1st Street water main replacement project. Both of these are related. I'd like to, with your permission, talk about the license agreement first, because depending upon how you act on that particular item will dictate what we may want to do with the award and agreement. As you know regarding the license agreement, we have been working with Nampa-Meridian staff for quite some time on trying to bring about a Meridian City Council February 7, 2012 Page 24 of 30 resolution to some language that has not set well with the city. This issue has been going on for about six months. You may recall that Nampa-Meridian Irrigation District recently changed its license agreement templates and in their new template they have language that the city is objecting to. This language is in regard to essentially requiring the city to agree that all water courses for the most part in these license agreements are manmade, are exclusively constructed and used for the district and are not natural or navigable water courses or streams. This is standard language that's appeared in license agreements that we have signed in the past and have recently reevaluated. Some on potentially manmade structures and others on natural water courses as well. You have been briefed several times that that language is a concern and the reason, again, it's because conflicts with our Uniform Development Code definitions and our code requirements, which would place the city in the precarious position of regarding and -- regarding the requiring and enforcement of existing development standards. Additionally, it also conflicts with the city's adopted comprehensive plan and, further, the license agreement language or other license agreement requirements in language require that the city comply with all terms and conditions of the license agreements or MNID would have the right to request removal of our facilities. There are about two dozen more other requirements in these license agreements recently -- that we have evaluated as well. Since we have been talking about this for some time Council had directed staff to do a number of things. First of all, see if we couldn't get the license agreement language that's. Section D-1 removed. If that didn't work, .try to get it modified. And if that didn't work see if we couldn't just protest the language. At the same time the Council had asked for staff to get opinions from regulatory agencies regarding this language and the regulatory agencies that you requested we seek opinion from were the two regulatory agencies closest to this issue. That would be the Environmental Protection Agency and the United States Army Corps of Engineers. The EPA response -- and I will read this into the record, if you don't mind. From assistant regional counsel Mark Ryan. It says that our position regarding the -- our question about the language, he says, quote: Our position is that ditching of natural water bodies does not remove them from the Clean Water Actjurisdiction. EPA and the Corps are the only governmental entities empowered by the Clean Water Act to make that call. Whether something is called a ditch or a stream is not determinative of whether it is covered by the Clean Water Act. One has to look at the function the water body plays in the tributary system and its connection to downstream waters. He goes on further to say -- and I quote: Judge Bush recently held that the Low Lying Canal near Twin is a water of the U.S. and that is clearly a manmade ditch constructed wholly in upland. That's the official position from legal counsel of the EPA. I'll read a short paragraph from the legal counsel of the U.S. Army Corps of Engineers. This is from Theresa Hampson. She said, quote: I agree that the additional language requiring the city to acknowledge that all irrigation channels are nonjurisdictional water is of some concern. She goes on to say, quote: Meridian must be prepared to analyze each canal or channel's history and a make legal determination based on complex federal law under Section 404 of the Clean Water Act. Only your Council and decision makers can determine if they are prepared to assume that risk on behalf of Meridian. So, as you have seen, we have gotten opinions from both the EPA and the Army Corps of Engineer attorneys. Additionally, we have been working, as I mentioned, for several months Meridian Cily Council February 7, 2012 Page 25 of 30 exchanging e-mails, sitting at meetings with staff from Nampa-Meridian and their attorneys to try to get this resolved. We were unsuccessful in getting them to remove the language. We were additionally unsuccessful in getting them to modify the language and as you know last week in a special Council meeting we had agreed to the language with a protest letter as an attachment to that license agreement and Nampa- Meridian has rejected that protest letter and has requested redaction of any mention of protest to this license agreement and, therefore, we are where we are tonight. Now, several things have happened also. First of all, this project is up against a timeline. We have been put on notice by our contractor that if we do not give them notice today that he will not be able to meet the timeline requirements on getting the project completed. So, this is time critical. We are sort of the 11th and a half hour. Nampa-Meridian last week, in an effort to try to encourage us to move forward with license agreement, was good enough to move onto their board meeting this morning a clean copy of the Hunter Lateral license agreement, the license agreement in question here, without any of the protest language or exhibits and did pass this morning that agreement. I have that agreement in my possession this evening. It does contain the controversial language and we are -- I have that before you tonight as well for your consideration as to whether or not you would like to enter this agreement, despite what's been discussed and if you do, then, we can talk about the second item, which is the contract for the work by the contractor. So, I will pause there with any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: I see that Nampa-Meridian Irrigation District is here. Any comments? Okay. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Just a brief comment, then. I mean what -- what we have here, Tom, is -- is the irrigation district is battling with the feds over designations of some of these waters, whether they are navigable waters, waters of the United States. I mean that's a fight that -- that's going on and if I could have them nod yea or nay. Am I on the right track on that? So, I'm getting a yes. And so it appears to me in that effort on their ongoing battle, which I sympathize with. I mean we have the same fights with EPA when it comes to dealing with our treatment plant and discharge and those types of things. So, we know what onerous federal regulations mean and it's a fight that just seems to be ongoing. Never ending. But at the same time we are kind of being drug into this and while I sympathize, I don't know if we really have a dog in that fight, other than to sympathize saying we go through the same thing. That's -- that's the tough part. And by having a signed agreement that's saying, oh, these are -- these are all ditches or drains, I -- I don't have the knowledge to make that determination and in my mind in the end it doesn't matter what we say if the federal government is going to say otherwise. I Meridian City Council February 7, 2012 Page 26 of 30 mean that's the fact of the matter. You know, we -- we can -- we can agree, we can sign everything, but if the feds say, no, we are going to call it this, we don't care what the city of Meridian -- what the document they sign says and that's a fight that the water users will have to continue on with and we are of no help and I'm just concerned as we battle this out trying to say, hey, you aren't in a position to make that determination. You know, we are not able to get projects moving forward in a timely fashion I'm afraid and looking ahead down the road we have got some major projects coming up. You know, we need to resolve this in a fashion that works for everybody. But I -- I'm not sure how that's going to be. So, just kind of my thoughts on that, Madam Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with what Brad said. I can -- I can put myself in the position that the irrigation district's been in in my previous employment and understand they are doing every effort they can to try to establish their authority and responsibility and all of those sorts of things, but I can't in good conscience agree to something that I can't agree to. I mean I don't have the expertise to agree to some of the language in the development agreement. Some of the language in the development agreement has no bearing on our ability to cross their easement or utilize their easements for some other purpose. or for construction activity or all of those kinds of things. I can understand their desire to not impinge on their ability to provide the service they provide and that sort of thing. I can sympathize with the federal issues they got to deal with. I have dealt with them before. They are tough. Sometimes they don't make any sense. From the city's perspective I think the city could help with the irrigation district in supporting that, but not in a coercive sort of a manner where -- where we are somewhat held hostage to something we need for our public and to accomplish something they are trying to accomplish. I could see where we could sit down with them and write letters to our federal representatives and say, you know, these laws don't make sense, they require -- theyare burdensome. They are adding cost to projects. We are dealing with manmade structures that have an opportunity to get moved on a frequent basis and redone on a frequent basis based on needs of being to supply water. But, again, when it comes back to an agreement, just the principal of entering into an agreement just to get it over with -- agreeing to things that we simply can't agree to and I say can't, because we have no authority to make these -- to enter into these agreements that way. All we can agree to is what -- what it is we are proposing to do and the way we propose to do it. Not jurisdiction of -- in definition of a resource. And so I guess my -- my position is defer the execution of the development -- or the license agreement until we have an opportunity to sit down with the irrigation district and, hopefully, come to some resolve with the issue and hopefully come to some cooperative effort to where we can help one another. We seem to be butting heads on this and some other issues right now. That's not our intent. Our intent is to provide the services that we are mandated to provide, just as they are mandated to provide the services to their customers. We have a requirement to provide roads and fire protection and water and sewer and, unfortunately we live in a society -- in a community now where we all intersect with one another on a daily basis Meridian City Council February 7, 2012 Page 27 of 30 and in order to accomplish all our needs we have got to sit down and we have got to come to some consensus and cooperation on how to do it. But the approach that I see being taken on this particular issue is -- is not the approach that I would agree to enter into. De Weerd: Any further comments? You know, I guess, Mr. Barry, Mr. Miles and I went and met with Nampa-Meridian Irrigation District and I would still maintain we have an important partnership with them and building customers and -- because their customers and their satisfaction has everything to do with our citizens and their ability use surface water. I would -- since our Nampa-Meridian partners are in the room -- let them know that we will be suspending notice of violation and with that and this issue, I hope we can come to the table and start talking about our differences and -- and, again, just like we suggested in our meeting with you, I think we have a lot more in common than we have difference and we would love to find some resolution on these and I think we have every reason to sit down and to talk about them and to find those resolutions. So, Mr. Barry, I don't see how we can move forward on -- on this project and -- because I have three Council Members up here who have said the language is something that we can't agree to and we need to continue to work on that. Barry: Okay. Thank you, Madam Mayor and Members of the Council. I appreciate that direction. With that direction I would ask that we remove from the agenda, then, Public Work's request to award the bid and the agreement for the Northwest 1s Street water main replacement project. This was going to go to Star Construction. What we can do with your approval of the denial of that award, since it's contingent on this license agreement, is notify the contractor first thing tomorrow morning that the project has cancelled and, then, that way he can go about his business. So, we have your concurrence to that recommendation we will carry that message forward. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we cancel the award of bid and agreement for the Northwest 1st Street water main placement project to the low bidder Star Construction for the not to exceed among of $88,619.50. Rountree: Second. De Weerd: I have a motion and a second. Do I have discussion? Rountree: I have none. De Weerd: Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. Meridian City Council February 7, 2012 Page 28 of 30 De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. H. Clerk's Office: Approval of Beer License Owner Transfer from Crawforth Brothers 4, LLC to.Doughboys LLC dba Piehole Pizza Located at 726 N. Main St. Approved De Weerd: Item 8-H is under our Clerk's Department. I will turn this over to Madam Clerk. Holman: Madam Mayor, Members of the Council, we have -- this normally would be something that's on the Consent Agenda, because it's just an owner transfer. Piehole already has their beer at their establishment, but this is changing ownership and it also -- our city attorney Mr. Nary noted that it is within 300 feet of a local church, so we wanted to put it on the regular agenda for discussion. De Weerd: Okay. Mr. Nary, did you have any comment? Nary: Madam Mayor, Members of the Council, it's just a statutory requirement that the Council issue these when they are within 300 feet of a school or a church. So, that's why we added it to the regular agenda, rather just a consent item, just to make sure you're aware. De Weerd: Thank you Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the beer license for transfer from Crawforth Brothers 4, LLC, to Doughboys, LLC, doing business as Piehole Pizza located at 726 North Main Street and the reasons I would approve it is because there is at least five licenses within 300 feet of the church already and while I don't like it that way, you can't just hold one back. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 7, 2012 Page 29 of 30 Item 9: Future Meeting Topics De Weerd: Item 9 under future meeting topics, any items for discussion? Holman: Madam Mayor? De Weerd: Madam Clerk. Holman: Madam Mayor, I received a request from Stephanie Blake with the Ada County Highway District for another date for possibility of a joint meeting between ACHD, city of Boise and City of Meridian regarding the Fairview Access Management, a joint meeting they have been trying to put together, so I thought since I had the majority of you here I would give you the date. She was asking about March 1st. So, it looks like -- let's see -- De Weerd: You know, Madam Clerk, it would be really nice if she would just give us like three dates and, you know, we can weigh in on our availability on all three dates and she could do the same with the other city and we might have a little bit better luck with that. What time are we talking about? Holman: Madam .Mayor, there is no time. listed. I can get back to her with those comments tomorrow and ask for her to just float a few dates and, then, send that out to all of you. De Weerd: Okay. That would be fantastic Rountree: And times. Holman: Okay. Bird: The 1st will work in the morning. State tournament starts that afternoon. De Weerd: Yeah. Better check with the basketball schedule is all Mr. Bird can say. Okay. Anything further this item? Hoaglun: Madam Mayor, just to note that Tiffany stayed for the whole meeting, though. That's a great commitment for a Parks and Rec commissioner. Rountree: Yes. De Weerd: That is. Bird: Be here tomorrow night, too. De Weerd: Okay. I would entertain a motion to adjourn. Meridian City Council February 7, 2012 Page 30 of 30 Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT8:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ ~~-~~~~ MA OR MY DE WEERD ATTEST. 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