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HomeMy WebLinkAbout2012-01-24Meridian City Council January 24, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 24, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Sonya Watters, Rich Dees, Mark Niemeyer, Jeff Lavey, Jamie Leslie, Steve Siddoway, Jay Gibbons and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for waiting for us. We appreciate you being here this evening and we will just go right into our regular agenda. For the record, it is Tuesday, January 24th. It's 7:05. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Ed Kriener with Meridian Assembly of God De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Ed Kriener with the Meridian Assembly of God. If you will all take this as an opportunity to join us in the community invocation or an opportunity for a moment of reflection. Thank you for joining us. Kriener: Father, we know it pleases you when Solomon asked for wisdom to be able to lead the great nation of Israel, so we are wanting to please you in asking wisdom for leading this town, this community. Thank you for the privilege of serving you in this manner. We ask that you will give wisdom the decisions and the discussions made tonight, in Jesus' name, amen. Item 4: Adoption of the Agenda Meridian City Council January 24, 2012 Page 2 of 62 De Weerd: Thank you. Item No. 4 is our adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on the agenda. Under 5-C, staff has requested to vacate this item from the agenda. 5-D is Resolution No. 12-832. And, then, under Item 9-B, that resolution is No. 12-833. 9-D is Resolution No. 12-834. 10-A is Ordinance No. 12-501 and 10-B is Ordinance No. 12-502. Sa, with those additions, Madam Mayor, I move adoption of the agenda as amended. Zaremba: Second. De Weerd: I have a motion and a second to adapt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approval of Task Qrder 10328 for Engineering Services for "NW 8th Street Sewer Trunk Main, Broadway Ave. to Cherry Phase 1" to Murray, Smith & Associates far the Not-To-Exceed Amount of $192,400.00 B. Development Agreement for Approval: MDA 08-003 Cavanaugh Ridge by DBSI Located at 4275 S. Locust Grove Road; Request for a Modification of a Development Agreement to Include Updated Project Information and to Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho D. Resolution Na. 12-832: A Resolution Adapting the City of Meridian Records Retention Schedule; and Providing an Effective Date De Weerd: Item 5, our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 3 of 62 Hoaglun: Under the Consent Agenda there is a request by staff to vacate this item from the agenda, so it will not be considered. And Item D is Resolution No. 12-832. Sa, with those changes I would move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: Thank you. I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. Community Award Presented to Harvest Church and Paradigm Wealth Services Inc. for Assistance During a Police Standoff De Weerd: Item No. 6 under Community Items/Presentations, Iwill ask our chief to come forward and offer information on this item. Lavey: Madam Mayor, Council, thank you for the opportunity to speak today. On January -- on the evening of January 5th and on the morning of January 6th Meridian had the unfortunate pleasure of experiencing two armed robberies of a Subway restaurant and on the early afternoon of January 6th we had information that helped us identify the suspects in those robberies. Unfortunately, the suspects were located in the downtown care right near City Hall and we were successful in arresting one suspect, but one suspect decided to prolong his arrest which resulted in a six and a half hour standoff. Now, the great thing is is that both suspects were taken into custody, nobody was harmed, nobody was injured. Although it was extremely cold that evening, it was a successful end. During that time there was a couple of people that stood out, a couple of businesses that stood out, and we would like to take this opportunity today to recognize them for what they did for not only the Meridian Police Department, but for our community. And I would like to do them one by one and I would like to read into the record what we have and, then, give them a token of our appreciation and, then, if Council would like to say anything or if the recipient would like to say anything we can do that as well. So, would the representatives of the Harvest Church come forward and maybe stand aver here to the left of me? Now, there is -- part of what they did it's not in the record I'm going to read as far as making the chocolate chip cookies for the -- De Weerd: I was hoping you brought some. Meridian City Council January 24, 2012 Page 4 of 62 Laney: -- crisis negotiators. When I finally came when into the command post it smelled like chocolate chip cookies in there. So, allow me to read this into the record. The City of Meridian and the Meridian Palice Department express their thanks to Senior Pastor Mark Ryan and his staff at Harvest Church far opening their doors and assisting the Meridian Police Department during an armed standoff on January 6, 2Q12. In the afternoon hours of January 6, 2012, officers from the Meridian Police Department located two armed robbery suspects in the area of Meridian and Pine Avenue. Officers were able to arrest one of the suspects without incident during the traffic stop. The second suspect barricaded himself in a nearby residence and refused command to peacefully surrender. The Ada county metro swat team was activated and after a six and a half hour standoff with the suspect he finally surrendered and was taken into custody. Officers on scene were faced with cold temperatures and few options for shelter during this incident. Senior Pastor Mark Ryan and his staff at Harvest Church immediately opened their doors to the officers for more than six hours. Harvest Church staff provided restroom facilities, a place for officers to warm up, and a location far the police department to conduct negotiations with the suspect. Without question the efforts put forth by Pastor Ryan and his staff aided in a peaceful resolution of a very serious situation. This accompanying attitude is exactly what makes the City of Meridian such a great place to live, work, and play, which is why we extend the heart felt thanks to Senior Pastor Brian and his staff at Harvest Church. In recognition of valuable assistance to the City of Meridian. Thank you. De Weerd: You know, I would probably add -- you probably added the power of prayer to a peaceful resolution, so we appreciate that as well. Laney: If I could have the representatives of Paradigm Wealth Services to come forward. And please allow me to read this into the record. The City of Meridian and the Meridian Police Department want to sincerely thank Garland Risner and his staff at Paradigm Wealth Services for opening their doors and assisting the Meridian Police Department during an armed standoff on January 6, 2012. In the afternoon hours officers from the Meridian Police Department located two armed robbery suspects in the area of Meridian Road and Pine Avenue. Officers were able to arrest one of the suspects without incident during the stop. The second suspect barricaded himself in a nearby residence and refused commands to peacefully surrender. The Ada county metro swat team was activated and a six and a half hour standoff ensued with the suspect, who eventually surrendered and was taken into custody. The officers were faced with cold temperatures and few options for shelter during the incident. All that sounds kind of familiar. Garland Risner and his staff at Paradigm Wealth Services immediately opened their offices to the Meridian Police Department. Far mare than six hours his staff provided officers with restroom facilities, a place to get warm, photocopies, copiers, and mast importantly they allowed use of their building for a couple of officers to get an observation point on the house. Without question, the efforts put forth by Mr. Risner and his staff aided in a peaceful resolution of a very serious situation. It is the citizens and businesses like Mr. Risner and Paradigm Wealth Services who make the City of Meridian a great place to live, work, and play and it's because of those efforts City of Meridian and the Meridian Palice Department extend a Meridian City Council January 24, 2012 Page 5 of 62 heartfelt thank you to Mr. Risner and his staff at Paradigm Wealth Services. Thank you. Thank you. Bird: Thank you, chief. Madam Mayor? De Weerd: Mr. Bird. Bird: Can I say something? I want to thank the two recipients for helping in the community. That's why we are such a great community. But I also want to compliment publicly the work done by our police department. I happened to come by that afternoon, came to City Hall, and I couldn't figure out what was going on and I happened to stop and talk to one of the officers. The professionalism that was shown by our officers was second to none and I'm so proud to have them serving our community and doing their jab the way they did. I just want to tell you to thank your employees, chief, and -- because they did a first class jab. Nobody was hurt. That's the main thing. Thank you. De Weerd: You know, I guess I would like to add my appreciation certainly to our business community and our faith community for playing a roll in this, but also (would -- had the benefit of seeing several agencies working very well together. It was seamless. It showed when citizens step forward with information it's respected, it was very critical, and it led to an arrest and without any -- anyone harmed and to probably some of our officers' chagrin, they would have liked to have seen it resolved a little earlier and they would have had feeling in their toes while they had it, but no one was hurt and that was the bottom line. Nat -- not even the people that -- the gentleman that was inside the house. I did receive several comments fallowing this about the fallow-up of our police department as well. They were going to nearby residents and businesses, keeping them informed as to what was going on and following --the next day they were fallowing up with those same people making sure that they had cleaned up their mess, that they didn't impose any unneeded things on others and I think that is just truly amazing. That really shows a department that cares and that is an amazing message to all of us, that this is not just about busting dawn doors like you see on TV, it's really caring for our community and I got it from parents at the nearby elementary school, I walked up the elevator today and someone standing in our art gallery said, hey, I just need to comment about this. Her husband is one of the crossing guards at Meridian Elementary School. This was an amazing experience, I think not just for our police, our fire, the swat team, businesses, the residents, all of those that were impacted, but I think it should give a lot of us that reassurance that we have great men and women that are working far us and they are working together and they are doing what we expect them to da in the manner we expect of them as well, with respect in all regards. So, chief, we appreciate that. Laney: Thank you. Madam Mayor, Council, I had one mare thing to add and although we appreciate the comments and we will take those and cherish those, it wasn't just us and the Mayor kind of touched an that already. And I don't want to play my cards too much, because I have something coming later on, but I da believe it's proper to recognize the fire department that evening as well. The services that the fire Meridian City Council January 24, 2012 Page 6 of 62 department provides us were not only the standard services that we always have in incidents like this, but they went above and beyond logistically getting us food and batteries and coffee and water in the command post and they stayed through the duration and not only was it the crews that stayed through the duration, but the fire chief himself stayed through the duration. The chief, a division chief stayed through the duration, and a deputy chief was there through the duration and something's coming down the road, but we'd just like to recognize them as well for that -- help that evening. Thank you. De Weerd: Thank you. Chief, I would like you to a stray up there, because even though you didn't attend our leadership meeting today, we do have a presentation for you. And for those that are here in the audience we -- I received several years ago a really ugly coconut and I never knew what to do with it, so it became the revolving trophy recognizing people for -- someone far their -- their efforts and their good deeds. So, Rich, I will let you explain why the chief is getting the coconut. Dees: Madam Mayor, Members of the Council, for not showing up today at the meeting -- and we will talk about that later -- at least Madam Mayor will. We really appreciate what you did. The coconut, as Madam Mayor mentioned, is a -- sort of a symbol. It's being recognized by your peers, the department heads, as doing something pretty significant. And we think what you and your folks did the other day at that -- at that standoff was nothing short of amazing. Nobody was hurt. Collaboration was excellent and it showed what a well trained police department can really really do. So, we wanted to say congratulations. You are the recipient of the coconut this time. Usually there is candy in here, sa if everybody wants a piece, go ahead. There is in candy in here. So, please, use this. De Weerd: We did pass it around and we took the good stuff out first. Lavey: Naw, Madam Mayor, it's my understanding that if I was going to miss a meeting today it was probably the meeting I wanted to miss. But I was just kind of having these thoughts that the robot could probably run over this and I would probably be real happy, so -- De Weerd: Well, I that would be too suspicious. Lavey: I would admit it. Thank you. De Weerd: Thank you. Any other comments from Council on this item? Item 7: Items Moved From Consent Agenda De Weerd: Okay. There were na items moved from the Consent Agenda. Item 8: Action Items Meridian City Council January 24, 2012 Page 7 of 62 A. MFP 11-003 Jayker Common Drives by Spurwing Greens, LLC Located North of Chinden Boulevard, East of N. Jayker Way and West of N. Spurwing Way Request: Final Plat Modification to Remove Lot 18, Black 11 as a Common Lot and Include the Area as Part of the Adjacent Buildable Lot B. Public Hearing: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Boulevard, East of N. Jayker Way and 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 an Lots 6, 7, 8, 9, 16 and 17, Block 11; AND 3) Modify Plat Note #16 Removing Common Lat 18, Block 11, Platted with Jayker Subdivision No. 1 De Weerd: So, we will mane into Item 8, under Action Items, and we will start with Items $-A, 8-B, an MFP 11-003 and VAC 11-003 and I will ask far staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. Applications before you this evening are far final plat modification and a vacation to basically get rid of some easements and a camman lot that was platted with the Jayker Subdivision Phase one. ~n the aerial before you this evening you see here are the areas that are impacted by those easements and the common lot. You can see right now that most of it is undeveloped residential lots at this paint. The graphics before you now show which -- where the 20 foot emergency vehicle access lies and, then, where the adjacent common lots -- ar camman driveway easements exist. Ida want to paint out to Council that Wane of the underlying public utility easements are being vacated with this application, it's only, again, the emergency vehicle access and the camman drive easements and, then, also Common Lot 18, Block 11, which was a -- basically a micro path lot that stubbed to nowhere. If you recall back in 2010 the applicant came before you with a development agreement modification. With that application they proposed to construct a tennis court and a shared driveway between the Spurwing Subdivision and this subdivision. That -- essentially, that open space and amenity was to swap far this one that they are proposing to vacate this evening. One of the issues that staff called to your attention in the staff report -- and it's really minor, but that common lot does have a 20 -- a 12 inch water main constructed within it. It is not a city water main, it is United Water. I would also mention to Council that we are processing a property boundary adjustment an behalf of the applicant as well. It is predicated on your approval this evening, but if the vacation is approved and the plat modification is approved, that 20 foot easement would became part of that buildable lot, which is Lot 17, Black 11, and the exhibit an the right does show haw that -- haw that would be impacted. When we met with the applicant we asked them to provide a concept plan, so that we could bring it to you and show you how these -- if the Gammon lot -- common drive easements were vacated and that micro path lot was vacated, we could at least show you haw the homes could fit on the lot and still not impact the development or construction of the Meridian City Council January 24, 2012 Page 8 of 62 homes on that. With the PVA staff will be conditioning the applicant to notify future homeowners by a note on that PVA there is a 20 foot easement along that southern boundary and that no structure should encroach into that. As well they should also make a note on there that they need to coordinate with United Water, not the City of Meridian, because it's not our -- again, it's not our easement. I did also want to mention to you that we will be updating our building restriction farms on that. We will flag this lot and let -- when the application comes in with his building plan submittal for the homes, make sure that those homes do not encroach in that easement as well. Staff has not received any additional written testimony on this application. Other than this easement issue staff is unaware of any other outstanding issues before you and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Mr. Zaremba. Zaremba: Madam Mayor. Bill, if you would talk a little bit more about the emergency vehicle access that they are wanting to undo. I vaguely recall when that was made a requirement and at the time there was some reason far it that now escapes me. I assume we have passed that by the fire and police department and is it okay to vacate that? Parsons: Councilman Zaremba, I believe when we pre-app'd with the applicant we did have Deputy Chief Perry Palmer there to discuss this and given the fact that the common lot is already developed and this lot is platted and the topography of the area, he felt that a fire truck could not get into that area to adequately serve a fire, so there really was no need to have that easement in place any longer, so they were -- to my knowledge they were in support of vacating that. I can certainly turn it over to the chief if he has anything to add. Niemeyer: Madam Mayor, Members of the Commission, Commissioner Zaremba, I did talk to Chief Palmer this morning and he -- I concur with -- with what Planning said. He took a look at it and we cannot get a fire truck into that access, so we are okay vacating it. De Weerd: You should know that as fire commissioners, uh? Zaremba: All right. De Weerd: I think you got the wrong body there, Mark. Zaremba: Thank you. De Weerd: Any other questions from staff -- I mean from -- far staff or from Council? Is the applicant here this evening? Good evening. Tealey: Goad evening. Meridian City Council January 24, 2012 Page 9 of 62 De Weerd: If you will, please, state your name and address for the record. I thought I might say that, because I haven't seen you for awhile. Tealey: That's right. Madam Mayor, Members of the Council, my name is Pat Tealey. Office address 187 East 50th. And I'm here to represent the applicant Spurwing Greens, LLC. They have purchased the subdivision from the original developer and they have just a little bit different way of wanting to develop the lots that were platted. That was the reason for trying to get rid of the common drive easements and the -- and the common lot, Lot 18, that contained a micro pathway connection. Since they bought it they -- they have -- as Bill -- as staff was saying, they have built a tennis court and an emergency access and pedestrian connection that takes the place of this. We went through the -- the conditions of approval and couldn't find anywhere in the conditions of approval where that path was even required. I don't know why it was built and why it ended up where it is. But that connection now -- now is being satisfied by the tennis court and that road connection. I don't know if you have been out there or seen that. It's -- it's a nice improvement to the area. That path was really never going to go anywhere, because it would have tied into the cart pathway around Spurwing golf course and there is a definite conflict between getting people on the cart path that don't belong there, so -- all three of these requests were not contained in any conditions of approval or in the development agreement as far as we could find. As stated by staff and by the fire department, we did have a preapplication meeting in which the fire department attended and they stated that they supported the removal of the easement. As you can see on the -- on the overhead, if -- I don't know, can you switch that or is that -- to the -- there is nothing built there as far as any type of access. It's just bare ground. Sa, I don't know what the intention of that was at anytime. It certainly doesn't serve anything down there and there is no connection being made to any adjacent land far this thing to work. If there are any questions I would be glad to answer. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Thank you. Tealey: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to offer comment on this item? okay. Staff, any further comments? Seeing none, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Which one -- get the MP -- MFP -- we don't have to close that one. I move we close the public hearing on VAC 11-003. Meridian City Council January 24, 2012 Page 10 of 62 Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. All those in favor say. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Council, we will start with Item 8-A. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MFP 11-003 and incorporate staff and applicant comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-A. Is there any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-B. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Move that we approve VAC 11-003 and incorporate staff and applicant comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion by Council, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: PFP 11-003 Optometrist Subdivision by Meridian City Council January 24, 2012 Page 11 of 62 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 De Weerd: Item 8-C is a public hearing on PFP 11-003. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a combined preliminary and final plat application. This site consists of 1.06 acres of land, is currently zoned C-C, and is located on the northeast earner of North Meridian Road and Carmel Drive. The proposed plat will subdivide one parcel into two building lots. A 2,700 square foot optometrist office is currently under construction an the southern portion of the site on Lot 1. This site is the location of a recent development agreement modification that amended the site plan and building elevations. Subsequent to that approval the owner decided to plat the property. The owner plans to retain the northern lot, Lot 2, for future development. Access to the site is proposed via Carmel Drive, with cross-access required to be granted to the adjoining property to the north, as well as internally within the subdivision. The Commission recommended approval of this application. Joe Pachner from KM Engineering, the applicant's representative, testified in favor of the application. Na one commented or testified in opposition. And there was no written testimony submitted. There were no key issues of discussion by the Commission ar changes to the staff recommendation. Written testimony submitted since the Commission hearing is from Kelly Kehrer, the applicant's representative, in agreement with the staff report. There are na outstanding issues for City Council. Staff will stand for any questions Council may have. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Council? Yes, Mr. Zaremba. Zaremba: If I'm remembering this correctly, this was originally platted with bath lots and it was approved with an amenity where the new lot line goes and I thought something was going to be worked out to preserve that amenity. I don't see that happening in this. Am I remembering that correctly or am I making that up? Watters: Madam Mayor, Councilman Zaremba, this is the first time the property has been platted. Zaremba: Okay. Watters: It came through for annexation a few years back. I believe it was in '06. By the property owner Mr. Hoid at that time. Meridian City Council January 24, 2012 Page 12 of 62 Zaremba: Uh-huh Watters: And they were going to build a larger office on that property and that kind of fell through and it's -- Zaremba: I may be thinking of a different property here. It was this configuration, which is why I'm -- and they were splitting two lots, but -- okay. If that's not it, that's not it. Thanks. Hoaglun: Yeah. Madam Mayor. I recall that, too, but I think that might have been just north of there. I mean it looks identical to what -- what we were looking at before, so -- so, Ithink it was -- but it was just north of that. Watters: Hart's Music Shop used to be just on the north boundary of this property and, then, the To Be A Kid I believe is the name of it. It's just north of that. Bird: That's right. De Weerd: Is the applicant here this evening? Welcome. If you will, please, state your name and address for the record. Kehrer: Kelly Kehrer. KM Engineering, 9233 West State Street, Boise. De Weerd: Thank you. Kehrer: I will be short and sweet. We are in agreement with staff comments, so I would be happy to answer any questions from the Council. De Weerd: Thank you, Kelly. Any questions from Council? Bird: I have none. De Weerd: okay. Thank you. Kehrer: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony an this item? Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on PFP 11-003. Bird: Second. Meridian City Council January 24, 2012 Page 13 of 62 De Weerd: I have a motion and second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PFP 11-003. Include all staff and applicant comments. Zaremba. Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Hearing: 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 De Weerd: Our next item is Item 8-D, which is a public hearing on MDA 11- 012. I will turn this over to staff. Watters: Madam Mayor, Members of the Council, the next application before you is a modification to the existing development agreement for Meridian Town Center project. The site consists of 90 point -- excuse me -- approximately 90 acres of land, is currently zoned C-G, and is located on the northeast corner of Eagle and Fairview Avenue. The proposed modifications at the request of the Idaho Transportation Department and a result of negotiations between the applicant and ITD, to include a clarification that land use applications are subject to project specific comments from ITD, as well as ACHD, and limitations on certificates of occupancy that are tied to phasing of development. No limitations on occupancy will apply to the first phase of developed area, up to 680,000 square feet. No C of O's for the second phase of development that exceeds 680,000 square feet, up to 950,000 square feet, will be issued until phase two highway construction is commenced by providing surety as referenced in the STARS reimbursement agreement agreed upon by the developer, ACHD, and ITD. No C of O's Meridian City Council January 24, 2012 Page 14 of 62 far the third phase of development that exceeds the 950,000 square feet would be issued until phase three highway construction is commenced by providing surety as referenced in the STAR agreement. Written testimony was submitted by Deb Nelson, the attorney for the applicant, response in agreement with the staff report. Staff will stand for any questions Council may have. De Weerd: Thank you, Sonya. Any questions from Council? Bird: I have none. De Weerd: Any comments from the applicant? Thank you for being here. If you will, please, state your name and address for the record. Nelson: Madam Mayor, Members of the City Council, my name is Deborah Nelson, I work at Givens Pursley and represent CenterCal and as was just stated very well by Sonya, we are in agreement with the staff report and are just here in case you have any questions. De Weerd: Well, I -- but I will comment -- maybe not related to this, but you have incredible patience. Nelson: Thank you. Duly noted. De Weerd: And we have reason to celebrate your patience. Nelson: Yes. Thank you. We all are. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I was just going to comment that I think this is the first opportunity in the state far the STARS program to work. Nelson: It is. Zaremba: And I know there has been same threatening of that program by the legislature again and I think there has been effort on your behalf to preserve the program and we certainly support preserving it and I'm thrilled to see this first attempt at using it, so -- it's wonderful. Thanks. Meridian City Council January 24, 2012 Page 1 S of 62 Nelson: Thank you. De Weerd: Well, it's maybe the second attempt, since Cabala's was the first, but since they amended it -- Nelson: Madam Mayor, it would be the second project to get an agreement, but it will be the first to be constructed. Bird: Yes. De Weerd: We are waiting for that. Zaremba: And the first in Meridian. De Weerd: And we appreciate, again, your patience maybe with this one, too. I was actually talking about our right of way project. Bird: So was I. Nelson: I assumed you were. Bird: Yeah. De Weerd: But, yes, this -- this, I think, will be a great model for the state to see haw it can work and how it was intended to work. So, we look forward to it. Nelson: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who like to provide testimony on this item? Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move we close the public hearing on MDA 11-012. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Bird: Madam Mayor? Meridian City Council January 24, 2012 Page 16 of 62 De Weerd: Mr. Bird. Bird: I move we approve MDA 11-012 and incorporate staff and applicant comments. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Public Hearing: 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 De Weerd: Item $-E is a public hearing an RZ 11-005. I will ask far staff comments as I open this public hearing. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a rezone application. The property consists of 1.59 acres of land. Is currently zoned C-N and is located at 1535 West Franklin Road on the southeast corner of West Franklin and South Linder Road. The applicant requests approval to rezone 1.59 acres of land from the C-N to C-C zoning district, consistent with the future land use map designation of commercial far this property. There is currently a 9,690 square foot multi-tenant building an this site that will continue to be used for commercial purposes. No new development is proposed. The applicant requests rezone to a slightly mare intense zoning district in order to expand the uses allowed on the site, as well as extend the hours of operation for businesses within the complex. The current C- Nzoning district restricts the hours of operation of businesses from 6:00 a.m. to 10:00 p.m. The proposed C-C zoning district has no restrictions in regard to hours of operation. The differences in uses allowed in the C-N versus the C-C districts are highlighted in Exhibit A-2 of the staff report. Staff has compared the uses allowed in the C-N district to thane allowed in the proposed C-C district and generally does not find any of the uses that would be feasible to ga into the existing building to be objectionable. Commission recommended approval of the subject rezone request at their December 15th public hearing. Sharon Knax, applicant, testified in favor of the application. No one commented or testified in opposition. Written testimony was received by Sharon Knox, the applicant, in response -- in agreement with the staff report. There were no key issues of the discussion by the Commission or changes to the staff recommendation. No written testimony has been submitted since the Meridian City Council January 24, 2012 Page 17 of 62 Commission hearing. There are no outstanding issues for Council. Staff will stand for any questions. De Weerd: Thank you. Any questions for staff? Bird: I have Wane, Mayar. De Weerd: Thank you. Any comments from the applicant? Is the applicant here? Yes. You don't have to. I just always offer. If you will, please, state your name and address for the record. Knox: Madam Mayor and Members of the City Council, Sharon Knox. 4553 North Eagle Point Place, Star, Idaho. De Weerd: Thank you. Knox: I'm in agreement with the staff report and if you have any questions I'm happy to answer them. De Weerd: Thank you so much. Council, any questions? Bird: I have Wane. Hoaglun: I have none. Knox: Yes. Thank you. De Weerd: Thank you. We appreciated your written response. This is a public hearing. Is there anyone who would like to provide testimony at this time? It's a lively bunch out there. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Seeing no one jumping up to testify further, I move we close the public hearing on RZ 11-OQS. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayar? Meridian City Council January 24, 2012 Page 18 of 62 De Weerd: Mr. Hoaglun. Hoaglun: I move approval of RZ 11-005 and include all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to -- or to approve Item 8-E. Any discussion by Council? Zaremba: Madam Mayor? De Weerd: Okay. I -- Zaremba: Just to confirm, since we had no public input, were the residences near by notified -- I think the thing they would be interested in is the elimination of any hours. In this zone -- the current zone there are hours and as you stated in the C-C there would not be hours and I just want to make sure, since nobody showed up, they were notified that this was going on. Watters: Yes. Madam Mayor, Councilman Zaremba, Councilmen, everyone within 300 feet of the property was notified. They are no abutting residences to this property -- Zaremba: Okay. Watters: -- as a side note Zaremba: As long as there was fair notice I -- we have done what we needed to do. Hoaglun: Madam Mayor? De Weerd: Thank you. Mr. Hoaglun. Hoaglun: Comment. And this is one of those -- usually we take a close look at this when they are up against a neighborhood, but this is, you know, a unique situation where they have a storage area to the east, tennis court -- in fact, that building to the south is also an office complex, so this is buffered perfectly to allow the expanded hours without impact to the neighborhood, so that worked out well. Zaremba: And I agree there are buffers and that works for me. Hoaglun: Yeah. Great. De Weerd: Okay. Thank you. Madam Clerk, will you call roll. Rall-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Meridian City Council January 24, 2012 Page 19 of 62 De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Public Hearing: 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 G. Public Hearing: 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 Law-Density Residential) and TN-C (Traditional Neighborhood Commercial) to R-$ (Medium- Density Residential) (46.97 Acres) and C-C (Community Business) (4.64 Acres) Zoning Districts H. Public Hearing: 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 Public Hearing: 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 Public Hearing: 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 20126 K. Public Hearing: 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 Meridian City Council January 24, 2012 Page 20 of 62 De Weerd: Okay. The next items are all together, so I will open all of these items at the same time and so that's Item 8-F, AZ 11-005. Item 8-G, which is RZ 11-006. 8-H, which is PP 11-011. 8-I, which is CUP 11-005. 8-J, which is VAR 11-003. And 8-K, which MDA 11-011. I will open all of these public hearings with staff comments. Friedman: Thank you, Madam Mayor, Members of the Council. Before Bill presents the hearing I think one thing, just as a point of clarification, Items F, G, H, I were all heard by the Planning and Zoning Commission and come to you with their recommendation. Item J, the variance and the development agreement modification are actually Council action, so what we have done is we have bundled them for your consideration tonight. So, those two are -- the last two are solely Council decisions and so those have not been vetted by the Planning Commission, nor are they required to by code. De Weerd: Thank you, Pete. I appreciate that clarification for Council and the audience. Friedman: Thank you, Madam Mayor. De Weerd: Thank you. Parsons: Members of the Council, I think you did that pretty eloquently, stating all those applications. Really, the -- all these applications are really to get to a 23 acre lot subdivision and a nine hole executive golf course. If you recall in 2006 this property came before you as the Knight Sky Estates project and that's why you see the property near the corner there zoned R-4, TN-C, and C-C on the left-hand map there and, then, just as an added bonus I have thrown in the future land use map to show you what the designations are on the property. Here is the concept plan that was approved with Knight Sky Estates. This is here just to show you haw this -- haw the property was entitled and, then, what we are trying to go forward with this evening. The applicant, again, is proposing annexation and a rezone, preliminary plat, Conditional Use Permit, and a development agreement modification and a variance fora 23 lot subdivision and, again, a golf course. The rezone to the R-8 zone is so that the applicant -- the R-8 zone requires a Conditional Use Permit in the R-8 zone, so -- for an outdoor recreation facility, which the golf course is defined as in the UDC. The annexation is so that they can facilitate the extension of sewer to the property when the subdivision is constructed -- or proposed for construction. And, then, the rezone from the TN-C to the C-C is to clean up a zoning discrepancy between the lot size adjacent to the C-C zoned property. Given that Knight Sky had a little bit mare of a residential mix, staff was under the impression and the Planning and Zoning Commission supported it, to rezone that to C- C, because the project has changed so drastically from the previous version. Here is the concept plan that the applicant is proposing. I would mention to Council that the hard corner -- at least the northwest corner there, which will eventually be the ten acre C-C zoned property, is just a concept plan. Staff did not analyze that with this staff report, because the golf course actually stops and will not be including that C-C zoned property. That portion of the property is subject to a separate development agreement that remains in effect and it will have to be modified at a later date. I have portrayed Meridian City Council January 24, 2012 Page 21 of 62 that a little bit better on this graphic. What I really want to focus on this evening is really the variance application and how that impacts this development. The applicant actually has two requests before you this evening. The first is for the existing Spurwing driveway or intersection, which is -- which I have highlighted here on this exhibit, it's to go from a full access to a right-in, right-out only. Keep in mind that they are proposing to construct one at the half mile. The other variance request is that the proposed block length for this subdivision, the current one here that my cursor is moving along and, then, also this location here which is Block 2, bath those block lengths will exceed the 750 foot block length required in the UDC and so they are asking you to act on that this evening. Again, as Pete mentioned, Planning and Zoning Commission did not act on those applications or recommend anything to you on those. I would point out to Council that staff is recommending a partial approval on the variance and that's, basically, for Block 1 here where you see the row of five residential lots, because there is an existing fairway and existing roadway in place, there is no other way to provide relief to that block length, so staff could make the findings to support that one. But the additional block length, which exceeds -- which is approximately over 1,000 feet, staff does not support that and because developments along highways, as they intensify properties they need to close off access, staff could not meet the findings to support that right-in, right-out only access to Meridian -- or, excuse me, to Chinden Boulevard. I would also point out to Council that ITD has not acted on a permit or an application for access to that roadway either and they did state in their letter to staff that once that new roadway is constructed and if that access point remains aright-in, right-out, it would not comply with current ITD policies. I did want to get that on the record far you. And, then, also at the Planning and Zoning Commission hearing on December 15th -- and, again, Planning and Zoning Commission recommended approval. In favor testifying is Cornel Larson. Two folks were commenting on it. One was Ken Mallea and Andrew Lawrence. And, then, of course, Cornel provided testimony in relation to the staff report. Per that -- per that testimony staff prepared a memo far the Planning and Zoning Commission and we added an additional DA provision and also modified several conditions of approval, which I have highlighted in your hearing outline this evening. So, moving forward here are the DA provisions that staff is recommending with the DA modification. Again, the idea behind this is to remove this property from the original DA and subject the Spurwing Challenge Subdivision to its own DA and, then, the remaining C-C zoned property, as I mentioned earlier, would be subject to the original DA that was signed in 2006 and an amended DA that was approved in 2008. So, the DA provisions relevant to this project that I have before you is, basically, extend the sewer and water to the property, restrict this to the golf course and 23 lot subdivision. Any site improvement would require CZC design review approval that would include the new driving range and any of the buildings and, then, the one that's for your consideration tonight is really the -- right now we have them closing access unless they gain approval of a variance ar approval from ITD for that access paint. So, they need bath those approvals as we have it written now and, then, the applicant shall provide additional right of way for when Chinden is widened in the future and, then, the next DA provision relates back to this C-C zoned property which is currently owned by Sea 2 Sea and, basically, it states that they will come in and amend their DA at such time to comport with the mixed use standards currently in the comp plan and, then, the main one that we Meridian City Council January 24, 2012 Page 22 of 62 added during the Planning and Zoning Commission is the final one and what's happened is the applicant has to get the new driving range under construction before they can decommission the old one and so we have provided some language in the DA for Council to consider that allows them to go through the property boundary adjustment so that they can create that parcel in the configuration of the proposed plat that's before you this evening. That would allow them to have a lot to get a CZC and design review approval on, so that they could start grading and constructing the driving range and, then, once they had that done, then, they could come in with their final plat and plat the lots and the road as it's before you this evening. The applicant did provide written testimony. He's in agreement with the changes that staffs recommended and Council -- and Commission supported. He did want some clarification from Council. He did provide written testimony. Hopefully that's in your packet this evening. One talks about surety and the other one has to do with gravel -- access drive and gravel road. We have worked with the applicant on some of those, so there are really not any issues with -- before you with something that will happen with construction drawings, rather than something for Council to take under consideration this evening. And other than the access variance and the extended block length, there are no other outstanding issues before you and with that I would be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Hoaglun: I do have a question far Bill and that is if you can enlighten me on -- on the reasons for the maximum block length in that particular area that you pointed out. Why not allow that to be larger. Parsons: Councilman Hoaglun, the UDC, in the subdivision regulations, we have a standard for block length. It can exceed 750 feet. If you can't provide a 750 foot block length there are some provisions where you can add a pedestrian connection -- pedestrian connectivity and break up the block length and that's at the discretion of City Council to approve that. In speaking with the applicant, they have designed the golf course sa it's along the periphery of the development. If they were to add a pedestrian connectivity or cart path connectivity, they felt they would encourage folks to drive their golf carts through the subdivision -- Hoaglun: Okay. Parsons: -- and they don't want to do that. So, they have elected to go the variance route, rather than provide that extra pedestrian connectivity. Hoaglun: Okay. Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, just to follow up an that. I think one thing, so that there is na confusion, the Planning and Zoning Commission did recommend approval of the preliminary plat in this configuration. So, they did not take into account the variance application. So, it's kind of like, yes, we have an affirmative recommendation on the lot -- on the plat design with Meridian City Council January 24, 2012 Page 23 of 62 that layout and that roadway, it's going to take the Council action to actually formalize the variance to allow that black length to occur. And subsequently the fire department also had no concerns about that, given the fact that we have two points of access and we da have a turnaround up at the end of that --that cul-de-sac up in the northern tier of lots. Hoaglun: Okay. Great. Thank you. I just wanted to be sure I wasn't missing anything there. So, great. Thank you. De Weerd: Thank you. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. Can you display what's probably the slide before this one? What I'm looking -- well, keep going. What I'm looking for is the whole area where this fits in. That's probably what I'm looking far. Okay. Identify again for me which piece we are talking about on this one. Parsons: Sorry, Councilman Zaremba, what -- in regards to -- ah, the whole project? Zaremba: Yes. Parsons: Basically, it's this common lot area that's platted with Spurwing. The current driving range property here. This two acre outparcel. The R-4 zone -- zoning here. TN-C portion up to this paint. The C-C portion of the property is not part of this application. That will remain zoned. This is the portion -- this is the portion of the TN-C -- well, all of it's TN-C. This will be -- the applicant's proposing to rezone this portion to the R-8 zone, along with this, and this portion of the TN-C zone will be -- will go -- they are proposing C-C zoning. Zaremba: All right. Thank you. These may be ITD questions, but their current Spurwing Subdivision entrance is signalized, if I'm -- De Weerd: No. Zaremba: Am I picturing the right thing? De Weerd: Huh-uh. Zaremba: It's not? De Weerd: And it's not in alignment with the neighborhood across the street. Zaremba: Where I was going to go was -- the new street that they have proposed, is that aligned with where the signal is? Bird: Yes. Yes. Meridian City Council January 24, 2012 Page 24 of 62 Zaremba: Okay. So, there -- they would be giving up what currently functions as a collector without asignal -- De Weerd: Which is frightening. Zaremba: And gaining a collector that connects to a signal at the half mile, is that what -- am I understanding -- Parsons: That would be reducing access to their current intersection and, then, that's what they are proposing and, then, reconstructing a new collector -- you're correct. At the intersection at the half mile. Zaremba: All right. Thank you. De Weerd: Any further questions for staff at this time? Would the applicant like to come forward? Good evening. Larson: Madam Mayor, Members of the Council, my name is Cornel Larson, address 210 Murray in Garden City. I'm here tonight representing The Club At Spurwing, which is the applicant on this project. De Weerd: Thank you. Larson: In short, we have been working on this far a little while to try to get the -- the project done and some of you may or may not have heard about that out in the community, but the intent is to create an additional nine holes to the Spurwing golf course that would be more of a challenge course. It's set up for the -- far the golfer that wants to play and learn and experience a little bit mare of target golf, but he doesn't have quite the amount of time to play the full 18 holes that it takes nowadays to play, so that was the intent with the course. It was also to expand that -- the available products to the members of the club and to future members of the club, so that they have a wider product based that they can use to market and in hopes of also being the largest golf course in the City of Meridian. So, with that being said, we have been working with staff for quite awhile and we appreciate their help and comments and concerns about the -- about the project and to give you a little bit of a -- maybe a project schedule on this, we are looking at this project as -- in the next year relocating the existing driving range. We had to move the existing driving range in its current location over to the new location in order for us to construct the subdivision and to build the rest of the golf course and to put in the new road that would come dawn from Spurwing to the existing stop light. So, the first year would take the relocation of the driving range and, then, in -- sometime in late 2012, this year, maybe early 2013, the rest of the construction would move forward an the golf course and the subdivision. But it takes about a year to grow in a driving range to get the grass ready to use it, so that you can play on it. And, then, we, obviously, have to move to it, so in the light of that, that's about what the project schedule looks like for the -- for moving forward with the -- with the course. We went through all of that staff -- conditions in the staff report and we are pretty much in Meridian City Council January 24, 2012 Page 25 of 62 agreement with all the conditions. We are struggling a little bit with the block length variance and the closing of the existing Spurwing Drive. We would certainly like to maintain that as a right-in, right-out and we can talk about that maybe a little bit in terms of if the intersection where the stop light is becomes disabled, that would be the only way in and out of the Spurwing Subdivision as it currently existed as the only way in and out of the Spurwing Subdivision is through one road. We did manage to in the last year or so, as you heard maybe earlier, make a connection between the Jaykers Subdivision and the Spurwing Subdivision, so we have sort of a backup way out of the subdivision, but it's not areal -- not to be used far heavily traffic road or anything like that. So, part of our concern in trying to ask far keeping the existing Spurwing Way aright-in, right-out was -- was merely to give an exit way or pathway in and out of the subdivision in the event the intersection became disabled through an accident or whatever might happen there. In addition to that, we did talk to ITD about it and that right-in, right-out -- or that existing Spurwing Way is proposed to change to a right-in, right-out under their development plan. So, it wasn't vacated from the ITD's development plan and it is still a part of their development plan to keep that aright-in, right-out. How they do that, either with the pork chop design or median strip or haw that happens, we haven't had that discussion with the transportation department. We do know it would be their preference to close it. But as we started looking at closing it, we got into the block length variance, we got into the, you know, a lot of other issues about how we -- how we effectively close it. The developer has indicated he would have same interest in closing it if there was same way he could vacate that street potentially and maybe even keep it as a gated community or gated street. So, he has some interest in it, but he's really concerned about mostly the access in and out of the subdivision in the event there is a problem at the intersection at the stoplight. So, with that being said, we -- we also had a -- just a few other items we were concerned about and that was -- I sent a letter over I think yesterday and our concern was making sure that we could operate the driving range before we really had to bond for the entire subdivision, because we can't really start the entire subdivision until we get the driving range moved. So, we were asking for a little bit of consideration on Council, maybe something that could be added to the development agreement that would allow us to -- allow the driving range to function while we are processing the rest of the subdivision and the golf course development without going through a big banding thing that would require us to bond the entire subdivision, which is what we would really like not to do. In addition to that, there was a couple of things we noted in the -- in the city's ordinances about sewer access and access to man holes, but I think we can work through that with -- with staff. We have talked to staff on the phone today a couple times. I think we are okay with that. And, then, I think the other things in the letter we were just asking for you -- if you do approve this and to move forward with it, if you could suspend the rules of order and as soon as a development agreement is processed, if you could da the annexation application and rezone in one -- in one reading, this would allow us to move forward with the golf course, because we need to sort of get grass growing on it this year or we are going to be delayed an additional year. And so with that I would be happy to answer any questions far you or -- Meridian City Council January 24, 2012 Page 26 of 62 De Weerd: Council, any questions? I guess I just have a remark. This is a great addition. I remember when Knight Sky came through the neighbors to the north were not really thrilled with the lots that backed up to them. I'm sure they would much rather see this open green space that someone else maintains. Sa, it certainly is an amenity. In particular what I'd like to do is the connection that we had hoped Knight Sky would have been able to gain and that would have been connecting Spurwing to the lighted intersection, because it has been hairy out there in terms of the traffic with the golfers and the residents in terms of that -- how busy Chinden is and trying to get out on that road in particular when you need to da a left-hand turn. Sa, this is, in my opinion, a welcome relief and if it got us -- those residences to a lighted intersection that's all the better. My only question -- and you kind of commented in your remarks is keeping that other access open, Iwould -- would imagine would add greater value to the homes that you want to put along that boulevard, having that closed, because knowing human behavior, they are going to take the least path of resistance and they will go out that way. So, it's going to have plenty of go out and come in that way. It will have plenty of traffic probably still going by those -- those homes. So, if I were a homeowner I would like to have that closed personally and not have those cars going by my house, but that's a personal preference myself. And I like gated communities, unlike some others. Any comments from Council? No questions? Larson: Madam Mayor, I might offer another comment or two. We did have a couple of neighbors that had -- had some concerns before and I think one of the conditions the Planning and Zoning approved was modified and added in as one of the summary documents that Bill had mentioned concerning if there was some golf ball issues on the northern boundary that we would look at how we net that or screen that and come back before the Planning and Zoning Commission with a solution to that. I believe Ken is here to potentially speak to that tonight. We also had another individual -- and I have forgotten his name, but he asked about the amount of fertilizers and stuff that we would be putting on golf course and so went and talked to the golf course superintendent and he really actually puts less fertilizers an than most agricultural operations da and most of the golf course industry has now developed a lot of new golf course turf grasses that take less water, stand up to the golfing traffic a little bit better, they are more durable, they -- they stay greener longer. So, there is not quite as much need to fertilize some of that turf as there has been in the past and it will receive fertilizer from time to time, but not nearly in the amounts typically that an agricultural operation might do. De Weerd: Well, I live on a golf course, so I do know the -- the privilege of having someone else maintain your green space and certainly the -- the occasion of having a ball, but I certainly love living where I live, so -- Larson: And that, again, was part of the reason for the design was to keep the perimeter of the property in some form or amenity of golf and keep the lots internal to that -- to that golf course, so that we didn't really have any lots backing up to the existing neighbors, but we did have open space. And our biggest concern with this concept is the fact that we are interconnected to the commercial area and we could have some Meridian City Council January 24, 2012 Page 27 of 62 Pepsi trucks or traffic through the subdivision, through that commercial area. But other than that we think the layout will work quite nicely. De Weerd: Okay. Council? Yes. Hoaglun: Madam Mayor, I just wanted to follow up -- your request that partial use of the new driving range prior to completion of the subdivision without bonding for the subdivision improvements and I -- actually, Mr. Larson, that's probably more of a question far staff right now and maybe you might -- Larson: Okay. Hoaglun: -- have a comment afterwards, but if we do not require that, what are the -- what are the hazards? Friedman: Thank you, Madam Mayor, Council, Council Member Hoaglun. Bill can address the details, but one of the things that we have worked with the applicant on is actually kind of choreographing the approvals on this, because one of the -- the last condition of the development agreement that is really going to allow them to do a property boundary adjustment to create that driving range parcel whereas I don't have a legal one now and, then, the condition is they have to obtain a final plat within two years. So, in my mind there really are no improvements towards the plat that are directly related to that driving range and I know Bill and Scott Steckline talked at same length today -- and we think this is really something that we can handle at the staff level in continued discussions with the application, because Ican't -- you know, you're going to have to get some level of water down there, obviously, but we are not talking about bonding, tying the subdivision improvements to the driving range and if that's -- and if that's the concern, I'm not sure that it's one that is -- they need to be overly concerned about. Hoaglun: Okay. Madam Mayor, Mr. Larson, comment? Larson: Yeah. Madam Mayor, Councilmen, we think that that's something we can work with. We have a request from the staff as a staff report to submit a CZC DR application and that might actually be, you know, a condition in that that we could move forward with this, but we do need to get the platting complete. The other thing that comes to mind as we have an existing driving range and we are merely relocating it, so if, in fact, the golf course didn't go forward, then, that would be some part of another plat, a subdivision or something like that. 50, it would be a replat. The other thing -- I'm not sure it shows up on this exhibit that's an the screen, but the prior one was a three acre parcel that was an illegal split and so with what we are doing with the new subdivision property boundary adjustment survey would be to clean up the illegal split before we start the actual subdivision and that would, then, give us the one legal lot for the driving range. Hoaglun: Thank you. Meridian City Council January 24, 2012 Page 28 of 62 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The comment about errant golf balls makes me wonder -- it looks like -- I guess you call them the fairways -- six, seven and eight. Is there any mitigation or plan to make sure that errant golf balls don't end up out on Chinden and hit somebody's car on the move or -- what is the -- what is the distance, what's the barrier? Larson: Madam Mayor, Councilman Zaremba, I think that the intent on this is it's a short course, you're not picking your driver up and trying to hit a long ball, you're actually trying to play a little bit more target golf and hit a short ball. That doesn't mean that somebody won't put one out on Chinden, but your hope is that they are being alittle -- a little less aggressive with the club at that point in time, trying to hit a target. Trying to landscape the areas where you typically have errant golf balls with same dense landscape or berming is the other way that we look at a method of preventing the balls from going onto the -- onto the street. You see that pretty evident at Hillcrest Country Club where it's right along Overland and they have got a lot of massive trees growing up there, they very seldom get any golf balls out on Overland. Sa, it would be with time -- hopefully it would be very similar to the -- to the same arrangement that Hillcrest has that we would be able to screen that. We do like the idea of having some open areas as you drive down Chinden so you can see the lake, so you can see same of the golf course, so you can see some of the landscape amenity. So, we might open up some of the tee boxes sa you can see some of those lakes. De Weerd: Are these any closer than just on the other side of -- Bird: No, they are not. De Weerd: Yeah. Isn't the front nine of Spurwing just as close to the highway? Larson: Correct. Part of the reason far redoing the driving range is it's too short at the existing Spurwing, So, when we do have a tournament there with all the new innovations and golf clubs and golf balls they are hitting the balls too far, so we'd like to lengthen the -- the driving range and that's part of the reason for doing that. The existing hole number two I believe plays along Chinden and, then, hole number one has the green there and hole number three has a tee box there. And, then, the driving range is on the east side of existing Spurwing Drive. De Weerd: And most people slice. Just like me. I have to look out far the hookers. Puts a whole different definition of watch out far hookers, but -- Hoaglun: Madam Mayor, it does happen. I slice. That's my problem. From mostly a fade. But one time on Centennial along the freeway my golf ball chased a car down that freeway. Fortunately it missed everything. So, it can happen, but fortunately, it -- Meridian City Council January 24, 2012 Page 29 of 62 Larson: And I pretty much agree. Mine have chased down the road once in awhile, too. But mast of the time I'm way to the right. De Weerd: Any further questions from Council? Okay. Thank you. Larson: Thank you very much. De Weerd: This is a public hearing. Is there anyone who would like to provide comment on any of these applications? Yes, sir. Welcome to our Council. If you will, please, state your name address for the record. Mallea. Madam Mayor, Members of the Council. I'm Ken Mallea. I live at 2241 Almaden Drive. De Weerd: Thank you, Ken. Mallea: Meridian. 83646. And we -- if the aerial could be put up, Bill? We live just to the north of what is marked as the driving range. Our property is our home and pasture and a riding arena and horses and that. And, Madam Mayor, we share your concern about hookers, because for aright-handed golfer going to hook the ball, they are going to -- they are coming right at us. I'm not showing a goad photo there, but that's where we are. The proposal to keep the balls from hitting our properties is a -- I understand it's berms and trees. Fairly dense trees as was mentioned earlier by Mr. Larson and we hope that will work and we do appreciate the P&Z and the condition that was put on by staff at 1.6.9 of the conditions, that if they do find that the berming and trees are not adequate and they decide to put up one of these five story nets, they have to come back and we will argue like crazy that the net should be on their side, rather than on the north. But we will hold that one. One paint I did want to talk to you about is you have a condition of approval 1.4.2 and that is on Exhibit D, page two. It imposes an ongoing obligation on the owner to prune all trees to a minimum height of six feet above the ground. At least on our boundary I can see berm, then, a six foot mandatory window and, then, the trees. I don't think it make sense, if I am understanding correctly the condition of approval. At least if we are trying to have the trees be a buffer to prevent balls from flying onto the adjacent property, I don't know why we would have a mandatory six foot barrier -- gap. And, finally, I would just like to talk about the phasing in and the choreographing of this project as has been discussed and I understand the initial approach is to come in and do the practice range and get that ready and we would ask if incident to that are they going to do the berming and landscaping on their northerly boundary. I think that's part of the practice range, but I have not heard that mentioned tonight. And so, Madam Mayor and Members of the Council, those are my remarks. We are in favor of it. You spoke earlier that it's a quiet crowd or we are brain dead or something -- I don't know what the comment was, but the last time -- De Weerd: It was brain dead, I can guarantee you. Meridian City Council January 24, 2012 Page 30 of 62 Mallea: The last time we were here the room was full and all the neighbors were hot. So, this tells you this is a much better project -- De Weerd: Yes. Yes. Mallea: -- for our neighborhood. So thank you. De Weerd: Thank you. Zaremba: Madam Mayor. Sir? De Weerd: Yes. Mallea: Oh. Yes. Zaremba: Just visualizing sort of what happens on a practice field, many of them use a tractor with some kind of a scoop on it to collect the balls again. Mallea: Yes, sir. Zaremba: Is that anything that would bather you? I mean certainly if it runs at midnight it's going to bather you, but -- Mallea: Well, you know, Madam Mayor and Councilmen, I think they -- we are close by the driving range now, sa we understand how they do it and I have played golf there for years and they do have a cart and when the kid's out there trying to get them, then, you're trying to hit him. Yeah. But we don't think that's going to be a problem Zaremba: Okay. Thank you. Mallea: You know, the -- with all development there is changes and -- but we think this is much better than what was before us in 2006. Thank you. Zaremba: Thanks. De Weerd: Okay. Any other testimony? Yes, sir. If you will, please, state your name and address for the record. Lawrence: Andrew Lawrence. 1685 West Brandt Lane in Meridian. De Weerd: Thank you. Lawrence: We are directly across from the Eagle Island Marketplace and our backyard borders Blue Diamond Golf Course -- or Blue Diamond Turf. My concern earlier at the Planning Commission meeting was that they would be using fertilizers that would get down into our water well and I have been satisfied in talking to several of the planning Meridian City Council January 24, 2012 Page 31 of 62 people that we a to make sure the idea to check it. e okay as long as we annually or semi-annually check our water well water is -- is safe. It can come from anywhere, so it's always a good De Weerd: Very true. Lawrence: That's all I have to offer. De Weerd: Thank you so much Council? Bird: I have none. De Weerd: Thank you. Any comment from staff or any questions from Friedman: Madam Mayor, Members of the Council, I'll let Bill address the tree question, because he developed the conditions. One thing we did want to make you aware of -- and (know that we became aware of it sort of late in the day -- was that the fire department has some concerns also regarding that access that Mayor addressed earlier. So, I would direct any other public safety questions to Chief Niemeyer ar Lieutenant Leslie regarding traffic safety with that existing access point on Chinden. De Weerd: okay. Friedman: And Bill can answer the gentleman's question about the trees and, then, I think it would be appropriate for the applicant to address sort of the timing of the landscaping of the driving range. De Weerd: Thank you, Pete. Parsons: Madam Mayor, Members of the Council, that condition basically pertains to any landscaping along the street. I mean the applicant is proposing several center medians, so I mean ACRD likes those pruned to a certain height, so that they have that visibility taken care of. And so that has nothing to do with internal trees to the driving range or anything like that. That's mainly for any trees that are in the site triangle or any of those parkways that are planned in the public streets. De Weerd: So, those trees are specifically to the arterial -- or along the road sides? Parsons: That is correct. De Weerd: Thank you. Chief, do you have any comments? Niemeyer: Madam Mayor, Members of the Council -- not the Commission. Thank you. We do have some concerns about the right-in, right-out proposed. The concerns do not came from the fire code, but through experience and public safety. Linder and Chinden, Meridian City Council January 24, 2012 Page 32 of 62 that's a 55 mile an hour road or a high speed road as we consider it. The current entrance to Spurwing and the distance to Long Lake I believe is about 575 feet. If you're headed westbound on Chinden and you're going into that right-in, there is going to have to be a deceleration lane to get down from 55 to a speed that's appropriate to turn into that right-in. Our concern is that because of the intersection to Lang Lake, people are people and there is a strong likelihood that those right-hand turn signals are going to come on at or before the intersection. Somebody sitting at Long Lake wanting to turn right onto Chinden may mistake that as them turning into Chinden and, then, pull out and, then, we would have a subsequent T-bone accident into the driver's side. We have seen these type of accidents before. Considering the speeds that you have on Chinden, that is our primary concern by doing the right-in and the spacing between Long Lake and that current access into Spurwing and the deceleration lane that's going to be needed to get into it. Hoaglun: Madam Mayor, I -- it must be we have been here for awhile, because I -- I'm sorry, chief, I didn't follow that. You have got the light there at Long Lake that will go in, the four corners when their new roadway is in and at the right-in -- where they are proposing the right-in, right-out, I can understand the deceleration lane, but what I didn't follow is what light are they looking at and they have -- you have the potential fora T- bone, which is a very serious crash. Niemeyer: Sure. So, if you have somebody sitting at Lang Lake and they want to turn right onto Chinden and you have a car going westbound on Chinden with their right- hand turn signal on, thinking that they are turning for the deceleration lane, somebody at that light might mistake that and go ahead and pull out onto Chinden thinking they are going to turn right onto Long Lake, as opposed to the actual turn signal for the deceleration lane going into the secondary access. We have seen that before where a lot of cars pull out in front of others thinking they turning on one road and they are actually not and so that is a primary concern with the secondary access that we have. Again, the speeds on Chinden raise that concern even higher. Hoaglun: Okay. Thank you. I follow you now. Nickel: Good evening, Madam Mayor and Council Members. For the record, Shawn Nickel. SLN Planning, 1589 North Estancia. De Weerd: Thank you. Nickel: Nonhooker, by the way. De Weerd: Slicer, uh? Nickel: Yeah. Definitely a slicer. Here tonight representing Sea 2 Sea, LLC, the farmer owners of the property, that will also be retaining the corner commercial piece. De Weerd: And I look forward to the water feature. Meridian City Council January 24, 2012 Page 33 of 62 Nickel: Yes. And we still have that commitment to your wonderful city. A water feature, Madam Mayor. Listening to the testimony tonight, the presentation, we want to ga on record as being in favor of the application as it has been presented and that is all. Short and sweet. De Weerd: We like short and sweet. Especially from a planner. Nickel: Thank you. De Weerd: Council, any questions for Shawn? Bird: I have none. De Weerd: We appreciate you being here. Nickel: Thank you. De Weerd: Any further testimony? Okay. Cornel? Larson: Madam Mayor, Members of the Council, Cornel Larson again returning. Bill had actually addressed the tree pruning issue, so I think that's been substantially addressed. The landscaping an the driving range would be a part of our CZC DR submittal. We would show the landscaping that would be proposed for the driving range on that submittal to the city. We have not proceeded with that submittal as we are waiting to see if we get everything approved. But when we do make that submittal for the driving range, hopefully within the next 30 to 45 days, we would have a landscape plan that would show haw the driving range will be planted and haw the berming will occur and haw the finished product would look. De Weerd: So, the planting, the berming, and the greening up will all happen at the same time. Larson: Yeah. It would be part of the driving range. We would want it so that it was fully functional when it's done. We wouldn't have to go back and add planting or do anything additional to it, we would want that product to be once it's done it's done and they move on to the rest of the golf course. And let's see. In regards to the decel-acel lane, we understand the -- the concern on that. We -- currently I believe there is a decel lane going into the existing Spurwing entry, which we are proposing as a -- as a right-in, right-out. At this point in time I'm assuming it would just remain in place. We have not met with the transportation department to see how that signalization design might work and how all that might coordinate as far as a design effort and show that traffic would flow there eventually, but I'm sure they would have maybe some similar concerns. De Weerd: Okay. Council, any questions? Meridian City Council January 24, 2012 Page 34 of 62 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Back in the first part of your comments earlier you said something about suspension of rules when this comes up for annexation and I didn't totally follow you. Can you run that by again? Larson: Yes, Madam Mayor, Councilman Zaremba. Our intent would be to move as quickly as possible if you approve the project, so normally there has been -- on annexation request there has been athree -- three time reading of the annexation ordinance. We were asking you to suspend the three readings and try to do it all in one reading, so that we could, then, submit the necessary applications for the CZC DR on the driving range. Nary: Madam Mayor? Zaremba: So, my recollection is that we have done that in cases where we didn't think there was any dispute about it and I guess Mr. Nary is -- I was going to turn to Mr. Nary anyhow and say can we do that. Nary: Madam Mayor, Members of the Council, our normal course here is that we get the Findings approved by Council, because you don't have a meeting next week, hopefully it would be the following week, it kind of depends on Planning. Once the Findings have been approved we, then, will send the development agreement to the -- to the developer, usually within a week. Once we get it back we submit it with the -- with the annexation ordinance at the same time to the clerk's office and the clerk's office actually sends it out. We don't normally an annexation ordinances do three readings. We normally da one, because you have already had a hearing. So -- so, that is our normal course. Sa, realistically we should, hopefully, if everything goes well, get this back on your agenda for approval within four to five weeks, so -- so, that is our normal course, Mr. Larson, just so you know. Larson: Okay. Thank you, Mr. Nary. Zaremba: Thank you. Nary: City of Boise does it the way you're talking about. Larson: Also in addition the other question was is do we -- do we process the development application -- or the development agreement or does the City of Meridian and we would be available to process that if that's of any help to you guys. Nary: And, Madam Mayor, Members of the Council, we process -- we prepare the development application and, again, part of our routine course, so, again, once the -- Meridian City Council January 24, 2012 Page 35 of 62 once the Findings are approved, then, we prepare the development agreement and it generally takes no longer than a week. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Cornel, getting back to this right-in, right-out road, it isn't a real heartburn to me and I -- and the T-bone wrecks and stuff, I mean you got it all up and dawn every -- Fairview all the time, you got cars signaling to come in right, but before you turn -- before you pull out you make sure they are pulling into the parking lot. But haw -- the thing I'm afraid of at this -- if you leave it there, even though it's aright-in, right-out, it's going to be the most used road, unless the people want to go east. Because they are used to it. And that -- De Weerd: Your time is up, Mr. Bird. Bird: So, you know, that's my fear is that it will -- my biggest fear is we will have people like we have on Eagle Road with the right-in and right-outs trying to go left and it happens all the time on Eagle Raad. So, I -- I'd like to keep that right-in, right-out, but the way I think the people that live in there now will be -- that road will be easier to get in and out of better than the new road for 90 percent of the homes in there. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would it be useful to have aright-in only and no out? You don't look real thrilled about that idea. Larson: Well, Madam Mayor, Councilman Zaremba, one of the things in just -- and hearing Councilman Bird's comments, one of the things that might be a solution is if -- if the City Council would consider allowing the vacation of that road, creating it as a private drive, maybe for a gated community and taking it off of the connection to Chinden and just removing it from that and allowing us to deal with it in that manner. I haven't -- we spoke to the -- to our clients about that early on and there was some receptivity to that as the Mayor had spoke to making the lots a little more attractive and so that might be a solution that Council could consider and we could certainly look to the developer to go along with that based on the comments we heard tonight. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Help me understand that. There would be access to Chinden and the gate would be at the north end of that current road? Meridian City Council January 24, 2012 Page 36 of 62 Larson: The gate would be at the -- Zaremba: It would be the five lots that had a gated community? Larson: Correct. Madam Mayor, Councilman Zaremba, that would be correct. There was -- as I recall when we looked at it there was a condition in the UDC that said that the gated community streets couldn't be over 450 feet long and we certainly exceeded that, so that was one of our concerns in originally going in asking far that, but a 450 foot long street is -- it's five lots, unfortunately, these lots are a little bit bigger than that and they would need a longer street. Plus we would need a fire truck turnaround at the end and -- ar a -- you know, a cul-de-sac or a T-bone or some sort of turnaround at the end. Hoaglun: Madam Mayor? De Vlleerd: Mr. Hoaglun. Hoaglun: Question -- I don't know if this should be directed to Pete or Bill or Bill Nary. The -- the ultimate approval of whether they get aright-in ar right-out is left to ITD; is that correct? I mean if they say no vehicular access there once that other intersection is? In place, then, it doesn't matter what we do. If I recall on our other issues. Is that correct? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, actually, it's a two part approval. ITD can approve or deny who has access to their highways, but you, as the City Council, have the authority to grant or deny approval to a development from that highway and the UDC is very specific about that in that in order to -- where we have an existing access and we are trying to shut one down and, then, create a new one, you do have to grant -- either grant the variance or deny the variance. Sometimes Council has waited to find out -- you know, or wait for an applicant to gain ITD's approval. But it's very clear in the code that access to state highways was an intensification of use, has to be eliminated or reduced through the code and any exception to that has to be granted a variance. Hoaglun: Madam Mayor and Pete, just thinking out loud, you know, I'm thinking, okay, if they deal with the highway, that's -- and we deal with road issues as well, but that's their jurisdiction and I'm trying to think how often have we said, okay, you can do that, but only if you get permission from ACHD or ITD. And if they deny it, then, it doesn't go through, but if they do say, okay, you can do it with these considerations, Idon't know, it may come back to us to -- to agree with maybe some changes they have made or because we said if they approve it, then, we are on board. I don't know. That's -- I guess I'm kind of thinking out loud about that to see if that's a way to go. Friedman: And it is certainly -- certainly at the discretion of the Council. My recollection it's been sort of a mixed series of approvals, depending on a case by ease situation. I don't know if I'm helping you come to a decision on that or not, but I can only tell you Meridian City Council January 24, 2012 Page 37 of 62 what our code says. Yau have -- you have the authority to either grant the variance, deny the variance, grant the variance conditionally, depending on ITD, any number of things. Hoaglun: Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Cornet, refresh my memory. Where does the new road take off into Jaykers back there? Is that -- is that off of hole number -- Larson: It's number -- Bird: Right where you start down the hill? Larson: No. It's a little sooner than that. It's the end of Balata Court. If we could maybe go back to that overall area I might be able to get a little closer where that -- Bird: It's over here. Larson: Actually about right -- Bird: Yeah. Larson: About right in there. Bird: Right there. Just south of the little building there. Larson: Yeah. Yeah. About right in there. Bird: Uh-huh. Larson: That access requires that they drive a long loop around there right now. I think you will see in the next few weeks maybe another preliminary plat coming in that might shorten that drive up a little bit. Bird: After -- you know, Councilman Hoaglun I think brought up a good point that -- and we had this happen all along Eagle, is ITD will only allow right-in and rights-out and, then, we have always went along with it. And you have not talked to ITD about this? Larson: I did talk to Mr. Sollet, who is he administrator, after he had written the letter that's probably in your staff report and his comment was, you know, we had kept that right-in, right-out in our transportation plan, it is available to you, we probably cannot take it away from you. Those were his comments. But he says you have to go through Meridian City Council January 24, 2012 Page 38 of 62 the process to find that out. Our comment was at that point in time we thought we wanted it. You know, after what we are hearing tonight maybe -- maybe we don't. Maybe we need to reloak at that somehow. Bird: The thing is if we make it a right-in and right-out, Cornel, I think mast of the people that will be coming out of there is going to be going back east towards Boise, so they will be forced to go -- if we put the right barrier up they will be forced to go to the lighted one. Larson: If a median strip were put in there, Councilman Bird, they would be forced to go to the light. Bird: And -- and I'd have to say that 75 percent of the trips will be going back to Boise, other than to Nampa -- of people living in there. So, I could -- I think I'm like Mr. Hoaglun, we could figure something out on doing something with that. Hoaglun: Madam Mayor, just to comment on that -- and I think a lot of people that are coming from Boise, they would find that easier to go into the subdivision, especially if they are living on the west side, as opposed to the light, and a lot of times I will travel the extra distance to go to the light to turn left against traffic, just because I know it's -- I'm protected a lot more than trying to came out, so -- but I think a key point you raise is making sure the -- if we allow that to make sure the island or median might be in place, those types of things, to keep that from -- people trying to sneak out when they think traffic is light, so -- like they do on Eagle Road right now. De Weerd: I think you're going to get a lot of traffic going in, so -- just my personal opinion as a lazy driver. Bird: Going in don't bother me, it's the ones that are going to try to go out to the left out of there. De Weerd: Any further questions? Since we are not traffic engineers and we don't even have authority for traffic. It's all speculation. Nothing further? Larson: No. Thank you. De Weerd: Thank you. Staff, anything further? Friedman: Madam Mayor, Members of the Council, I know you had specific questions regarding what happens to the existing access if you do close it. If that's your inclination we can talk more about that, if they propose to do a gate, but if your inclination is to grant the variance, I will just sit back and wait and see what you do. De Weerd: Okay. Even though our applicant has had the closing remarks, it looks like there might be additional testimony. If you would like to come forward. If you will, please, state your name and address far the record. Meridian City Council January 24, 2012 Page 39 of 62 Cobalt: Yes. My name is Mary Cobalt and I live at 7146 North Spurwing Way. De Weerd: Thank you. Cobalt: And I am in Spurwing Subdivision and I use that exit and it wouldn't bother me using the exit where the light is at all. To me personally I think it would be rather awkward to have both entrances and the other comment when they -- the gentleman said that there would only be one exit then, if we just have it where the light is, that's all we have now, but there would actually be a second exit over there that would go aver to Linder that would go through that little commercial district. I believe I'm correct on that. De Weerd: I believe they envision limited access to that, so they don't have a lot of traffic going through that particular area, but -- Cobalt: Would that be a right-in, right-out, so if there were an accident there at the light Chinden that would a possible exit to get out of the subdivision? De Weerd: I will have to ask staff ar the applicant to answer that. Friedman: Madam Mayor, Members of the Council, yes, she is correct. However, it's a future condition. As you can see from the plat we do have a public street that is stubbed to the property to the east and, then, it is contemplated that when that property ultimately does develop we would carry a road through aver to Linder. I can't tell you at this time whether it would be a lighted intersection or not, because we, first of all, don't know when that development will occur, but that would be an evaluation that will be made by the highway district at the time that that development is proposed. De Weerd: But certainly in the case of an emergency there is a goad possibility you have at least another access paint. Cobalt: Uh-huh. That's all I have. De Weerd: Thank you. One mare time for the record. Larson: One more time. Madam Mayor, Cornel Larson. The road going over to Linder Road would come out in alignment with the entry that is across from the Fred Meyers right-in, right-out. This would also be a right-in, right-out of that property, so it gets you to the Linder Road in the future, but it would not allow you to make a left turn on Linder. It would allow you to make a right turn to the stoplight on Linder and that is a condition that I believe the highway district had in their staff report far this piece of property that really was pulled out of the review that we are going through right now. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council January 24, 2012 Page 40 of 62 Bird: That right-in, right-out, is not that close to the light, is it? Larson: Yes, it is, Councilman Bird. Bird: And you're worried about the one down there. Larson: Madam Mayor, Councilman Bird, that's been the issue with that piece of ground is how to gain access to it to -- from the Linder Road side and it's going to be a right-in, right-out there under ACHD's policies. And ACRD controls that portion of the road. De Weerd: Anything further? Larson: Thank you. De Weerd: Thank you. Any further information from staff? Friedman: Not at this time. De Weerd: Okay. Hoaglun: Madam Mayor. A process question and that is I would assume that we would tackle these one by one in going through that. We heard -- F, G, H and I are kind of a package deal, but just a clarification on how we might -- what's the best way to -- De Weerd: You can do this any way you want, but if you would like first to close the public hearing and, then, ga through item by item or close the public hearing and, then, go through item by item. Or close the public hearings item by item. Hoaglun: Well, Madam Mayor, for me it would be a little easier just to take them one at a time, just to go through these. Most of these are fairly straight forward. I think when we get to J and K it gets a little more interesting. I would move we close the public hearing on AZ 11-005. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 41 of 62 Hoaglun: I move approval of AZ 11-005. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-F. Any discussion? Bird: Is that to include staff and applicant and public testimony? Hoaglun: Yes. I meant to include -- that includes staff and applicant testimony. And public testimony. De Weerd: Anything further? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I guess I would ask Mr. Nary if there is a chance as this is being developed by the Planning staff to get the annexation in front of Council for approval if staff can also start working on the development agreement as much as possible to work them concurrently. Nary: Madam Mayor, Members of the Council, most of our development agreement is a template, so the only conditions that -- the specific conditions that the staff has -- and just so you understand, we many times have tried to prepare them in advance of the Council's approval and almost invariably when we have there is something that changes, even slightly, and we just have to do it aver. So, again, most of it can be done -- once we approve the Findings we will -- we will send it out by that week -- by the end of the week. It normally doesn't take very much. So, it is done simultaneously now. De Weerd: Okay. Thank you. Okay. Item 8-G. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on RZ 11-006. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 24, 2012 Page 42 of 62 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of RZ 11-006 and include all staff, applicant, and public comment. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-G. Is there any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-H. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on PP 11-011. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-H. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PP 11-011, to include all staff, applicant, and public testimony. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-H. And this is always where it's weird, because you're approving a plat with the items on for the variance. Meridian City Council January 24, 2012 Page 43 of 62 Friedman: Madam Mayar, Members of the Council, this is probably -- or probably before the Council acts on this, if it's inclination is to approve the preliminary plat, I think this would probably be the time to address the two items on the variance, because they da affect plat layout. That would be the block length and the access. Hoaglun: Madam Mayor, Pete makes a good point. We could -- I think if we could do that, then, I think we could include -- we would do the variance first before we do the preliminary plat. So, let me withdraw my motion for approval of PP 11-011. Bird: Second agrees. De Weerd: Thank you. Then we have the withdrawal of the motion and second agrees, so we will discuss Item 8-J. Hoaglun: Madam Mayor? De Weerd: So, do you want to have a discussion before you make a motion to close the public hearing or do you have anything you want to discuss? Hoaglun: Sure. I'm always open to discussion. My thoughts on this variance, a maximum block length sounds like it's workable, what the plans are for additional fire hydrants, that sort of thing, and I'm looking at allowing the existing Spurwing entrance to remain open as a right-in, right-out pending ITD approvals and any requirements that they may have for that access point. That way if Mr. Larson is able to convince them it's worth keeping open and they put some safety -- longer decel lanes, that sort of thing, median requirements. I'm fine with that. I don't want to -- it's a call that they can make, but I -- and if they allow it, I don't want to be the one standing in the way to allow that if they think that can be done in a safe manner. Sa, that's where I'm going in my mind an this variance request. De Weerd: Mr. Nary, I guess I would have a question if the motion were worded like that, but maybe an extra statement in -- in the -- if the applicant were to decide to close this access for the public safety reasons, if we could also grant the black length at this time, if they chase to do that, because wouldn't that have concern with block length if that were to be closed? Nary: Madam Mayor, Members of the Council, regardless of whether it's open or closed, the block length still remains an issue, sa you will still -- the Council will still need to grant the variance for the block length. De Weerd: okay. Zaremba: Madam Mayar? De Weerd: Who just spoke? Oh, Mr. Zaremba. Meridian City Council January 24, 2012 Page 44 of 62 Zaremba: Just to chime in an these subjects. As I recall when we were proposing and writing the new UDC, which is no longer that new, the discussion about block length was geared more to where there is a street grid, as opposed to this where you have one street that really doesn't connect into a grid ar go other places and there were -- there really two issues. One is walkability and, you know, access to other parts of the same neighborhood. The other was the fire issue and how long a fire hose is or how far they can drag it from a hydrant. I'm satisfied that the grid portion of it doesn't apply here. If -- if the fire department is satisfied that the hose length is not a problem, then, I have no problem granting that part of the variance an -- an either of the sections that need that. As far as the right-in, right-out, I like the suggestion of saying we would approve it if ITD does and, if not, then, we will solve it some other way. I don't know if Chief Niemeyer wants to comment on that. I think we have heard that you are already in agreement with it. Niemeyer: Councilman Zaremba, I would agree with you. Not having a good aerial of where the current hydrants are, but certainly we would be willing to work with the applicant to insure that we have a proper hydrant location. Zaremba: Thank you. Bird: Madam Mayar? De Weerd: Mr. Bird. Bird: I, too, agree on the lot -- the variance both ways. I agree with the two Councilmen, so -- if we have no more discussion -- Nary: Pull yaur mike aver. Zaremba: I'm not hearing yau. Bird: I said I agree with the other two and if we don't have anymore, I would move that we close the public hearing an VAR 11-003. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-J. All those in favor say. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayar? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 45 of 62 Hoaglun: I move approval of VAR 11-003, to allow the applicant to exceed the maximum block length and to allow the existing Spurwing Subdivision entrance to remain open as a right-in, right-out access point pending ITD approvals and safety requirements if they do, indeed, approve the right-in, right-out access point. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Back to H. De Weerd: Yes. 8-K -- yeah. It doesn't matter. We have closed the public hearing on Item 8-H. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Now that we have dispensed with the variance that applies to the preliminary plat, I move approval of PP 11-011. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-I Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on CUP 11-009. Meridian City Council January 24, 2012 Page 46 of 62 Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-I. All those in favor say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of CUP 11-009, appending all staff, applicant, and public comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-I. Any comments? Madam Clerk. Rall-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Okay. Item 8-K. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing MDA 11-011. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-K. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of MDA 11-001, including all staff, applicant, and public comment. Meridian City Council January 24, 2012 Page 47 of 62 Bird: Second. De Weerd: I have a motion and a second to approve Item 8-K. Any discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Department Reports A. Public Works -Budget Amendment to Fill the Public Works Inspector III Position for aNot-to-Exceed Amount of $98,628.00 De Weerd: Item 9-A is a Department Report under our Public Works Department and will turn this over to Rich. Dees: Madam Mayor, Members of the Council, thank you. Before you today is a -- is an application. It's an amendment to hire an inspector three -- Public Works inspector three. Yau heard about it last week. We had a presentation that talked about our need for having an inspector three. The amendment proposes that we spend one time fees of 26,44 dollars and ongoing fees of 72,207 dollars. Basically, the one time fee is to buy the pickup truck and all the things that you need to put in the pickup truck for the inspector and, then, the 72,000 dollars is to pay his wages and salary and that sort of thing. The need far the inspector was presented last -- last week, but, in short, we need an inspector three because we need the extra expertise, if you will, to take care of the increased inspection we will need for the -- especially wastewater treatment plant. Far example, this year we have 72,000 dollars worth of work to be done in a hundred days and that will more than cover the cost of an inspector. We figure over five years, up until 2017, if we were to contract it out it would cast us over 900,000. So, it will save us a great deal of money. At the same time we get the extra control that we -- we can exercise over an inspector to do the things that need to be done for us and certainly inspect other things, where we couldn't do that necessarily with a contract inspector. So, with that I'll stand for any questions. De Weerd: Thank you. I guess, Rich, I would also add in some of the discussions I've had on this particular item, is that in defining best practices and new procedures within the department it also puts additional pressure an the existing employees that time is an element as part of -- and also I thought the warranty surety program ar the inspection and the more frequent inspection of these lines that are existing adds to that as well. Dees: Madam Mayor, Members of the Council, you're correct. Not only are the warranty surety issues more compelling -- a reason to have an inspector on staff, these Meridian City Council January 24, 2012 Page 48 of 62 inspectors are more complex. They are not the run-of-the-mill -- you can hire somebody off the street and go take a peek of a piece of pipe laying on the ground. This is -- this is building things at the treatment plant which are technically mare complex than they are run of the mill things that are in the ground, infrastructure type things. Sa, that's the reason for the inspector three. We need someone with some talent that can actually help us out and become more proficient and take the load off of staff. De Weerd: Thank you. Council, any questions on this? Bird: I have none. Hoaglun: Madam Mayor, is that talent in this room? Do we have talent like that available? Dees: Absolutely. Hoaglun: Okay. Glad to hear that. Zaremba: Madam Mayor? Hoaglun: Well, perhaps. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move approval of the budget amendment to fill the Public Works inspector three position far a not to exceed amount of 98,628 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Mayor, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Mayor's Office: Resolution No. 12-833: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing Mary Jensen to Seat 2 of the Meridian Arts Commission and Dwight Williams to Seat 3 of the Meridian Arts Commission Meridian City Council January 24, 2012 Page 49 of 62 De Weerd: Item 9-B is under the Mayor's office. Council, in front of you you have Resolution 12-833. It's a resolution to reappoint Mary Jensen to Seat 2 and Dwight Williams to Seat 3 of the Meridian Arts Commission. Both Mary and Dwight have been with our Arts Commission from the beginning and both of them are instrumental in this commission. I think you all are very aware of Dwight Williams and as the take down and put up of art gallery he is invaluable to the city and to this commission and Mary is -- is the ane that really appoints or coordinates the Missoula art -- or Missoula theater. Hoaglun: Children's theater. De Weerd: Children's theater program. So, they are very active on the Arts Commission and I would ask for your approval to reappoint these two individuals to the Meridian Arts Commission. Hoaglun: Madam Mayor, just to follow up, what you said is very true, they are very involved in the Arts Commission, they take the lead with the Missoula children's theater and Dwight with the Initial Point Gallery and they da wonderful work. So, with that, Madam Mayor, I move approval of Resolution No. 12-833. Bird: With suspension of rules. Hoaglun: With suspension of rules. Yes. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Parks and Recreation: Amendments to Pathways Master Plan D. Parks and Recreation: Resolution No. 12-834: Amendment to the Pathways Master Plan De Weerd: Item 9-C is our Parks and Recreation Department and I will turn this aver to Steve and Jay. Oh, Steve is Vanna. Gibbons: Technical assistance on the setup part. Going to do this a little ald school. Hoaglun: You have a flip chart, Jay? No. Meridian City Council January 24, 2012 Page 50 of 62 De Weerd: No. There is slide that you slide on there. Gibbons: Ah, yes. It works just fine. Excellent. Madam Mayor, Councilmen, I am going to try to keep this as brief as possible. I'm here tonight to bring to you far consideration an amendment to the pathways master plan, specifically the pathways network map. Exhibit 1 in your packet indicates 15 different pathway segments that need a little upgrade from the -- the amendment that was passed. The last time we amended this --this map and this plan was in January 2010, two years ago. In that time there have been a number of pathway segments that have been -- the gaps have been filled. There have been a number of pathway segments on this map that were initially more conceptual in nature and now through the entitlement process and some of the applications that have been approved through Council in the last couple years, it's time to -- time to indicate those appropriate on the map as well. And there is also two instances of alternative routes for future pathways that need to be shown on this map. Basically with those 15 segment amendments, I have those lined out as as A through ~. On page two and three to five. In addition to the map amendment itself I also have four text amendments in the plan that pertain to -- back in chapter four, so that the text of the plan matches up with the segments that are proposed to be changed. In addition to that I have one -- one pathway master plan graphic amendment. As you're aware, our master plan is a guide for us and for future development of pathways. At times it gets taken a little bit too literally and currently Figure 3-2 in Chapter 3 is an asphalt pathway cross-section current detail and that cross-section detail indicates the requirement for three inch Class C asphalt paving. All of our projects pertain or are in compliance with the Idaho Standards for Public Works construction and there is no Class C asphalt in those specifications, so I want to amend that graphic far future purposes and take out the Class A and strictly called it three inch of asphalt paving and I'm also adding a note at the bottom of that that speaks to the requirement of a geotechnical report and this section will be in accordance with what the scientists tell us about the soil structural integrity and the type of path that needs to be built on it. So, with that I am going to give you the opportunity to -- I can -- I can go through each of these pathway segment amendments A through ~ one at a time, as briefly as possible, or I can skip ahead to the ones that you have questions about. And Iwill -- I will note that this -- this graphic with the A through ~ on it that's on your computer, it indicates what the -- it reflects the new changes on it and are highlighted. I also brought the previously adopted Meridian pathways network map, then, I can zoom in on some of the segments that indicate what came before. Unfortunately, the graphics that I present in Exhibits 2 through 16 basically show what the final condition will be. They don't reflect necessarily what came before. De Weerd: Jay, can you try and put both of those on the screen? Gibbons: I can try. De Weerd: So we can see them side by side. Yeah. That's goad. Meridian City Council January 24, 2012 Page 51 of 62 Gibbons: And I know we can zoom in from there. Would you like me to go through each segment as briefly as possible or are same of them apparent and you want to skip through? De Weerd: I would love you to walk through it -- Gibbons: Okay. De Weerd: -- as briefly as possible, but each one. Gibbons: Nat a problem. On Exhibit 2 is the Heroes Park east side pathway. This segment was up graded and completed last summer. It is the pathway on the east side separated -- it started out as a separated sidewalk along Black Sand Avenue. We removed the four foot separated sidewalk and replaced that with a ten foot asphalt pathway that now allows us to have a full ten foot wide pathway around the entire perimeter of the park. Hoaglun: Jay, da you want to put the individual graphics up as you're talking about them? Gibbons: That I can do, too. De Weerd: I think Vanna should. Siddoway: I can do that. De Weerd: I'm kidding, Steve. Gibbons: This northwest Meridian in Heroes Park itself. It's this section of pathway here along Black Sands on the side of the park. Do you have any questions an that one? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In the northwest corner of this park -- refresh my memory on the land swap with the church there, I thought we managed to have the pathway connect up to Ten Mile in the northwest corner. Are we -- am I remember that wrong? Gibbons: Madam Mayor, Councilman Zaremba, no, you're remembering that correctly and that is -- that pathway does connect out to Ten Mile, as well as to a micro path or the sidewalk that runs to the north to a little subdivision up there. It isn't indicated on this map per se. I can certainly add that far the plan to be a little accurate. Zaremba: You scared me. That's all. Meridian City Council January 24, 2012 Page 52 of 62 Gibbons: I apologize for that, but it does go -- Zaremba: It exists in reality, it just doesn't show here. All right. Thank you. Gibbons: Any other questions on that? Exhibit 3 is the Bridgetower to Sawtooth Middle School alternative route. Currently and as the text speaks in the plan, the proposed future pathway bisects this undeveloped 40 acre parcel -- follows the Norse Lateral across the -- it's currently being farmed on the north side of that -- that ditch and there is a ditch rider road, basically, on both sides of that. It's in pretty rough shape. We are proposing to show an alternative route to that designated future route that would follow an existing east-west alignment of -- there is a sewer easement on the north side of Watersong Estates that runs that property line, so it's improved to the west boundary of the subdivision and, then, extend the pathway -- the alternative pathway route to the north along the east boundary of Bridgetower to connect to the existing -- existing pathway through Bridgetower itself. We believe indicating both possible routes gives us abetter point of leverage when that --that property develops to work with the developer to have them construct this pathway for us in a location that works best for his development potential, as well as to insure that our pathway keeps people from ending up having a pathway bisecting through the middle of the parking lot or through a building ar what have you, we have a way to work around it as well, so we are looking at this as an extra negotiating point. Hoaglun: Madam Mayor. Yeah, Jay, I guess that kind of answered my question right there, because that drain is going to remain there, it's going to be open, they are not covering that. It goes all through Bridgetower and it remains open. So, giving you leverage is a key point. I was thinking, well, why are we doing that, but you answered my question right there, so that makes sense to do that. Gibbons: We like plenty of options and tools. Hoaglun: You bet. Thank you. Gibbons: Any other questions on Exhibit 3? Exhibit 4 is the Five Mile Creek Pathway Segment E alignment. We are currently under a design contract far the pathway itself. This runs along the north side of -- of Five Mile Creek just north of Ustick Road, south of Bridgetower there is the ACRD drainage pond -- well, drain facility right on that side. The existing master plan -- pathways master plan shows -- indicates that that pathway alignment along ACHD's facility runs on the north side of the facility and, then, back down to the proposed pathway southeast corner of Bridgetower. The easement that we received from ACHD follows their maintenance road on the south side of that, so we don't have that jog to the north. So, our amendment here is to simply indicate the most direct route and it follows the existing easement that we secured in September. Hoaglun: Madam Mayor. Jay, are they going to be removing that fence that bisects that -- right when you get to that property edge? Meridian City Council January 24, 2012 Page 53 of 62 Gibbons: Madam Mayor, Councilman Hoaglun, yes. The fence that is actually on the Bridgetower side of that drainage way, that needs to be cut back and that's part of the project -- it's part of the design project that I currently have construction drawings. We are working with a surveyor on legal descriptions for an easement, a license agreement on that section, so -- Hoaglun: okay. Thank you. And you can call it what one of my neighbors calls it, he calls it a fenced in bomb crater that ACRD has there, so -- Gibbons: Uh-huh. Hoaglun: It fits. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to that location I would comment I think the reason it originally went around it was that there was no way across that ravine and ACRD has since built -- I don't know if you would call it a bridge, but it's a culvert ar -- anyhow, there is a -- the pathway does connect in the location where there used to be a deep ravine and that's a goad thing. Gibbons: Madam Mayor, Councilman Zaremba, you are correct. De Weerd: I think Nampa-Meridian did that. Gibbons: Yes, they did. De Weerd: Much to some chagrin. Gibbons: It was also -- and you're correct, Councilman Zaremba, in that it did go -- it needed to cross at the flat ground on the north end of that -- that little drain. However, it didn't necessarily have to go on the north side of the -- of the drainage basin itself. There are two fences there and that would be a pretty tight enclosed space. It would have made more sense to go as it's indicated here, across the bottom and, then, up to the north to get to that -- that crossing if it can go straight across, sa -- because they have an access -- it's a maintenance access road on the west -- the west side of that drainage facility anyway, so -- we have a plan regardless of which way it works out, so -- are there any other questions on Exhibit 4? Exhibit 5 is the Bud Porter south slough connection and this -- this is actually two fold. The first -- the first paint of the amendment is to indicate future proposed connection between, of course, Bud Porter that runs along Five Mile Creek north of 8th Street Park and we would like to provide a connection up to the south slough. We have an existing pathway that dead ends at the west end of Bolan Courts, comes through Clearbrook Estates and I actually worked with Meridian City Council January 24, 2012 Page 54 of 62 the three subdivisions involved earlier this past summer to see if we could -- we could do this. De Weerd: Well, the condition is not all that great at that pathway, is it? It seems like there is a lot of root or damage due to some of the trees. Gibbons: Madam Mayor, there are issues with those two existing pathways. We are also looking at -- Longren is connecting those -- those two major pathways. We understand that the pathway through Bolan Court and Clearbrook Estates have a lot of cottonwoods and willow that have been planted in there or have grown naturally along the south slough and they are tearing up that asphalt pretty bad. Before the city would take those pathways they would need to be repaired. But, regardless, we -- I went to the homeowners associations and, of course, two were on board, but this pathway connection runs through two common areas and two phases of this subdivision, the Waterbury Subdivision, which is a goad opportunity, however, the neighbors on both sides were adamantly against it and so I would like to amend the map at this time to show this is a future connection, so that I can go back and we would still like this connection one day and maybe the -- the atmosphere and the interest will be more at a later date, but it will be on our plan at least. The second part of this exhibit is to show the existing pathway that was built in the summer of 2010 through connecting the Bud Porter pathway dawn through 8th Street Park over to 8th Street. That wasn't shown before, so we need to update for what's really on the ground. And so that's where we stand on Exhibit 5. Any questions an that one? The Jackson Drain connection this is simply housekeeping. There was a series of little green dots far segments that had not been completed in the past last summer. One of my projects was to fill those gaps and we did that along North Lakes Place. We widened the sidewalk so that we have nearly a -- we have mostly ten foot sidewalk. It narrows to eight right at Hopkins Financial, but, then, that tied around and we were able to fill some gaps and connect to Fathergil up on Blue Heron Lane and widen the existing sidewalk into a ten foot pathway that connected along East James Court. And sa this exhibit is -- it's housekeeping. It was -- it was many green dots and a lot of red ones, now it's all red. That's a good thing. Exhibit 7 is the Zebulon Heights pathway alignment. In the existing plan the pathway along the south and the point on the north pretty much align with what it was, but the existing pathway looped up somewhat through the vacant east side of that development, subsequent to just this past -- in the past year the final plats and the agreements with -- with Zebulon Heights has allowed us to show the true end result pathway alignment and so it starts here and I can't read the name of that, but Zebulon Heights Four was just recently final platted. There is a --there is a common area park that the pathway would run through and, then, it follows, basically, the road alignment up until it actually will tie into the -- there is an ACRD drainage way up there that has a drain run along it and we do have an easement in order to connect that across the ACHD property at some point that will, then, connect to the existing pathway aver at Settlement Bridge Subdivision. So, this one is matching up with apreviously -- a previously approved entitlement. Any questions on this one? Zaremba: Madam Mayor? Meridian City Council January 24, 2012 Page 55 of 62 De Weerd: Yes. Zaremba: Nat necessarily an this one, this one makes me think of it, but it's a more general question. In places where we are using ACRD right of way or a sidewalk that's probably in the ACRD right of way and there is a 90 degree turn to an off right of way pathway, do we have signage that says pathway continues this direction or -- how would people know that? Gibbons: There will be -- Madam Mayor, on a signage package for our pathway those type of things, that's what we are pathway system. Councilman Zaremba, we are actually working s and directional signage, destination signage, working on right now in order to put on all our Zaremba: Great. Thank you. De Weerd: Now, are we also working with ACHD -- and since this is future development in terms of trying to delineate what is kind of a pathway, instead of just a sidewalk, so working with the development community to maybe have some kind of an exchange where you have the sidewalk widened on one side of the street and maybe you have no sidewalk requirements on the other side or trying to find same compromise, so it's not necessarily costing them more, but it's an obvious pathway. Gibbons: Exactly. And, Madam Mayor, we -- we do that. I have also -- even yesterday talked to another developer that there is an existing four or five foot sidewalk and they wanted to know if they would be allowed to take that out and put a ten foot sidewalk, because it will attach to another piece of existing ten foot pathway through an earlier phase of their development. Well, yeah. That would be great. De Weerd: Absolutely. Very good. Gibbons: Exhibit 8 pertains to the Downey sub lateral, it's on-street connection and, basically, our plan shows the Downey sub lateral pathway that runs from Lapridge aver near River Valley Elementary. It goes through two subdivisions and the Packard Estates Subdivision. Currently there is one segment through one of the subdivisions that is paved, the other two sections are red gravel or gravel. But what we needed to show -- because we have Kleiner Park coming on board here this year in the not too distant future and we are going to have a stoplight at River Valley, that if we can start getting a pathway connection to connect through an existing pathway that's not improved to our standards yet, but at the end of that it ends -- it doesn't continue all the way to Locust Grave, so we need to show an on-street route at least in the short term until we can identify another pathway -- pathway alignment or an opportunity there. I actually met with Packard Estates last Tuesday night to talk about what they would do far us as far as entertaining improving that --that pathway through their subdivision and they are going to do the leg work and we will step in when it's appropriate. They are going to talk to the two -- two neighboring properties that are county parcels, they are Meridian City Council January 24, 2012 Page 56 of 62 large -- large lots, platted in the county, that currently that's the dead end of the pathway. Those two properties stand between the end of the pathway and River Valley Elementary. So, they are going to do the leg work, make the initial contact, and try to gain same interest from those two property owners and, then, I will be working with them all along, but -- so they have a vested interest in furthering this pathway, so felt it appropriate to amend the plan to indicate the on-street route in the interim. De Weerd: Do any of these qualify for safe route to school funding through ACRD? Gibbons: I -- Madam Mayor, I couldn't tell you at the moment, but that's -- that's a conversation I would have with Caleb and ACRD and see where those go. I don't know what all -- I'm not familiar with what all the requirements are for those, but it's possible. Exhibit 9 is Five Mile Creek pathway segment H, alternative routes. As you're aware -- or maybe you're not aware, we have this project that's been going on -- ongoing far a couple of years on segment H. We just opened bids a couple weeks ago and we will, actually, the week after next, the contract will be before the Commission to get that project going. In the interim we still have a route between Badley and Fairview. So, the point of this amendment is, of course, two fold. The first -- the first issue is to indicate alternative routes connecting Badley, either along the west along the edge of the Five Mile Creek alignment itself, which the rest of the pathway follows, or, alternatively, an alignment that goes to the -- on the east -- near the east property boundary of the vacant parcel that's -- that's there or, conversely, being able to cut east behind in between -- behind Spring Creek Subdivision and through the -- I think -- I believe it's Initial Point. It's something point development business center right on that corner and over to North Lakes Place and to the signalized intersection. One way or another we have got to get people to the signalized intersection no matter which alignment you take and I have a plan far that along Fairview if we take -- if we can get either of those alternatives to the west, that's fine. We will get them across. But similar to the Sawtooth Middle School's Norse Lateral connection, our plan needs to show these three, so that when that vacant property is developed, which could be soon ar not -- it's sat there for quite some time. I have had a conversation with the owner, who is out of state, but that way our plan will reflect that we made the offer last year when I did talk to the owner, I'm interested in an easement. Will you provide me an easement? If you provide me an easement the city will build the pathway across the easement. It won't cost you anything. If you don't want to play ball right now, when you come in far development you're going to build me the pathway anyways and having the three alignment alternatives on there allows us to work with him or the other property owners in the area. One way or another we got to find a route. It's really -- it's really tight and difficult to get across a business development aver to North Lakes Place. It's -- the existing landscape and the -- the vehicular route, the street through it, is -- it's really tight. But we want to show that, too. So, this is what we need to show on our plan and also dawn along Pine on the part that I'm about to build, the current plan shows this crossing of Pine Creek actually up here on the very east end and so it goes through the vacant parcel on the north side of Five Mile Creek and the approved plans are -- actually have the pathway attached to the north side of Pine itself, sa that's the second piece of this -- this amendment to segment H-1. Two birds with one stone. Do you Meridian City Council January 24, 2012 Page 57 of 62 have any questions on this segment? Exhibit 10 is simply housekeeping again. As you remember in May of 2011 we dedicated the Diane and Winston Moore Pathway and this reflects what the alignment of that pathway is, as well as the correct alignment through the Gordon Harris Park. The previously adapted -- or currently adopted pathways master plan has the park pathway all kind of goofed, so we want to reflect what's on the ground and with what was dedicated earlier this year. Exhibit 11 is the Ten Mile drain alignment and this is another one that's strictly housekeeping to reflect what's actually built. In the current plan this red segment on the south side of the Ten Mile drain runs across Kingsbridge and the Koontz Hallow development and the existing plan shows this red very small existing segment on the north side, which would indicate that we could -- we could continue that pathway on the north side of the Ten Mile drain. However, it's actually built on the south side and it butts up to the Koontz --the first lot in the Koontz Hollow and it may or may not ever be able to go that way. But our existing pathway shows the future pathway along the north maintenance road along that that that will take some work with the Boise project to accomplish that, but at least our plan will reflect what's built and what we -- we hope to build in the future. Exhibit 12 is the Tuscany Ten Mile Creek alignment and this all involves this little piece right here. This property -- this vacant property right here along Locust Grove on the east side of Tuscany Lakes is city owned. Public Works has a potential project in the design phase over there and they will build us a piece of pathway same day. But the existing pathway showed it crossing the creek at that point and cutting through an existing property that has a house on it and we just need to update the map to reflect what works for a future project, a city project, as well as a future alignment through a property that somebody else owns that's private at the moment, so it's as simple as this little area right here. Hoaglun: Madam Mayor? Jay, why won't we be following the creek right there? Gibbons: Actually -- Hoaglun: Is that the creek? Oh. Okay. Gibbons: -- this does follow the creek. It's on the north side -- the existing pathway is on the north side of the creek. Hoaglun: Oh. Okay. I thought that dotted line was the creek there and I was going wait a minute. Gibbons: No. These are different -- it's -- they are subdivision lines, plat lines. There is a tot lot in Tuscany right here. Hoaglun: Okay. Gibbons: And the pathway turns and goes back over to the street and we would like to extend it -- Hoaglun: There is a park there. Meridian City Council January 24, 2012 Page 58 of 62 Gibbons: -- to the west. Hoaglun: Okay. All right. Thanks. Gibbons: This one you want to see. This one's easier to explain if you have the as built as well -- well -- or the previously approved. This is in regards to Bear Creek -- the Bear Creek -Overland Road alignment. Currently we have got -- we have Bear Creek, Starter Road, Alaska Way that dead ends into the back end of the future -- or the lot that may be -- call it -- it's approved for a Walmart when the day comes. Lowe's is right aver here. But, anyways, if you will notice on this plan an the -- what's currently adopted, we have two pieces of pathway segment, one that kicks over through the middle of where the store would be, that development, and this one somehow or other ties over and across in front of Lowe's and comes back. I wasn't here when -- when this was originally drawn. There might have been -- before Lowe's was built there might have been -- there must have been a reason it went in that alignment. What I can tell you is that what was -- because entitlements and approvals of the Walmart site plan itself, we have the opportunity we require that a pathway be extended from the end of the pathway -- or the end of Alaska up to the intersection that's -- it's a signalized intersection there at the entrance to Roaring Springs. Also where the existing pathway dead ends at the north end of Bear Creek, instead of cutting across the development, we got to build a wide sidewalk along Stoddard, so we get to a signalized intersection there. So, that -- that cleans up that whole -- Zaremba: Madam Mayor? Many years ago there was a proposal on that piece of property for much smaller buildings and the pathway wound around the buildings and the goal was to get to the signalized intersection, but there were smaller buildings in the way. So that changed. Gibbons: Exhibit 14 -- and we are nearing the end here. Exhibit 14 is the Ten Mile Creek - I-84 pedestrian overpass. This is two fold. In reviewing the text of the pathways master plan to make sure that each of these alignments was appropriately reflected in the text of the plan. I noticed that we didn't have to change the text. The text already supports and says that we need a pedestrian crossing aver I-84 west of the Meridian interchange and Councilmen Rountree suggested we include this in our package and bring an amendment forward. So, basically, this alignment connects to the Ten Mile Creek that's on the north side and west of Meridian Road, it comes over and actually crosses -- granted, this is all -- this is graphic, it shows a crossing, exact location is all dependent on site conditions and development and what we can figure out. But as it's indicated, that aligns with the west property boundary of Wahooz -- that's common to Wahooz and the implement dealer to the west, which is the lot on the back next to the interstate. But that's -- that's the easiest -- it may move west, it could move east, but that remains. We just want to show that this crossing -- it's already in -- in the text of the plan, now we want it on the map to -- to make sure that that's accurate as well. Any questions on that one? I have two more. Meridian City Council January 24, 2012 Page 59 of 62 De Weerd: My only question is how are we forwarding it. Siddoway: Madam Mayor, if I could jump in there. I don't envision that this is something we would bring forward far a budget enhancement. Councilman Rountree suggested that we do it on the plan, so that with future development discussions with ITD regarding Meridian Road interchange rebuild, that it could be an the table as part of that project potentially, but that if it weren't on the plans it couldn't even be discussed. So, that's the main reason it's on the plan. De Weerd: Thank you. Gibbons: The next exhibit -- and the next to the last exhibit is Exhibit 15, which is the pipeline pathway, Ten Mile crossing alignment. If you will notice on what's currently adopted out here -- it's west of Ten Mile, east of Black Cat, south of Franklin, north of the interstate. In this area you have, basically, two waterways and a pathway that runs around to each -- this little blue spot is a school district property. And recently an entitlement for the property, which was named Ten Mile Crossing. I believe it was another development before that, this -- the pipeline easement runs northwest to southeast -- vice-versa, but they indicate a pathway along that alignment and that allows us to provide a connection from the northern waterway across to the pathway that's going east-west and this reflects what was approved. And that will bring our plan in line with what is intended to be built on the ground. Any questions on that? Lastly -- and you're all well aware of this one -- is the railroad trail alternative route. We still envision the railroad trail to be on the railroad right of way. That's -- that's cleanest. However, should that not come to fruition or prove infeasible, we want to be able to show an alternative route that's directly north of the rail right of way on the neighboring -- the neighboring properties to the north on the entire length of that right of way from just west of downtown and just east as well. So, this map is actually broken up into two. You have the west -- the west half of McDermott, city center, and, then, the bottom piece is from city center over the Cloverdale. But it shows that along the tap of the north property line as an alternative route there is still development land, both east and west, that we need a tool in order to work with development if -- if nothing else, it's to reserve the space for a pathway off right of way, if that's what it comes to. Wouldn't want to give that away and lose the whole opportunity if the rail opportunity goes away. So, we come before you to ask for these -- these 15 map amendments and the four text amendments and the one graphic to be changed and with that I will stand for questions. De Weerd: Thank you, Jay. Any questions or comments? Bird: I have none. Siddoway: Madam Mayor? De Weerd: Mr. Siddoway. Meridian City Council January 24, 2012 Page 60 of 62 Siddoway: Just a quick comment. It's been fantastic having Jay on board. Hopefully you can see a lot of the work and thought that Jay has put into this. It's nice having eyes an the master plan and someone that owns and is looking towards its implementation. Jay has got several segments built in the last year while he has been here and that's been also great to have come to fruition. These changes have all been vetted by the Parks and Recreation Commission, bath at the December meeting and their January meeting. They did pass a resolution recommending approval of them to you tonight and there is a resolution for you to approve this as you see fit as well and we will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how we have na further discussion, I move that we pass resolution number 12-834. Zaremba: Second. De Weerd: I have a motion and a second an Item D, to approve the resolution in front of you. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Gibbons: Thank you. De Weerd: Thank you, Jay. Gibbons: It wasn't near as brief as I had anticipated, but that's okay. Item 10: Ordinances A. Ordinance No. 12-501: An Ordinance of the Mayor and City Council for the Re-zone Annexation of a Portion of Section 30, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho, Known as Cavanaugh Ridge {RZ 08-005} B. Ordinance No. 12-502: An Ordinance of the City of Meridian Adopting Cable One Franchise Agreement Meridian City Council January 24, 2012 Page 61 of 62 De Weerd: It's -- it's always been a hairy plan, I can say that. Okay. Under Item Na. 10, 10-A and 10-B, we have ordinances number 12-501 and 12-502. Madam Clerk, will you, please, read these two ordinances by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 121-501, an ordinance RZ 08-005, Cavanaugh Ridge for the rezone of a portion of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-4, low density residential district, to R-8, medium density residential district, in the Meridian City Cade, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Holman: City of Meridian ordinance number 12-502, an ordinance of the City of Meridian granting a cable franchise to Cable One, Inc., to provide cable services in the City of Meridian, proposing an agreement establishing the terms and conditions of the franchise grant and providing an effective date. De Weerd: You have heard the title read on these two ordinances. Bird: Madam Mayor? De Weerd: Ralph doesn't want them read in their entirety, so Mr. Bird. Bird: I was hoping he -- we'd throw them at him if he wanted them read. I move we approve ordinance number 12-501 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve this ordinance with suspension of rules. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 24, 2012 Page 62 of 62 Hoaglun: I move approval of ordinance 12-502 with suspension of rules. Bird: Second. De Weerd: Have a motion and a second to approve Item 10-B. If there is no discussion, Council --Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoa lun, ea. g Y De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 11: Future Meeting Topics De Weerd:. Anything for consideration under Item 11 for future to ics? p Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we ad'ourn. 1 Bird: Second. De Weerd: All those in favor say aye. Ayes ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:51 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ ~ ~ ~ / ~i ~ i.~. MAYOR T Y DE WEERD DATE APPROVED