Loading...
HomeMy WebLinkAbout2012-03-07~~E IDIAN~-- CITY COUNCIL SPECIAL MEETING AGENDA Wednesday, March 07, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Skills USA Proclamation 6. Consent Agenda Approved A. Approve Minutes of February 14, 2012 City Council Workshop Meeting B. Approval of Beer/VVine/Liquor License Renewals 2012-2013: Wahooz/Pinz 1385 S. Blue Marlin BWL Piehole Pizza 726 Main St. g Joy Garden 2951 E. Overland Rd. BW C. Approval of Utility License Agreement with Settlers Irrigation District for Sewer Line Crossings of the Settlers Southside Canal D. Award of Project Management Software Subscription Agreement to E-Builder for the Not-To-Exceed Amount of $116,383.00 and Authorize the Mayor to Sign and the Clerk to Attest Meridian City Council Meeting Agenda -Wednesday, March 07, 2012 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Award of Bid and Agreement for "Meridian City Hall Remediation Roof Repair /Replacement" to Modern Roofing for the Not-To-Exceed Amount of $302,893.00 and Authorize the Mayor to Sign and the City Clerk to Attest F. Findings of Fact, Conclusions of Law for Approval: PP 11-012 CenterCal Subdivision by Meridian CenterCal, LLC Located Northeast Corner of E. Fairview Avenue and N. Eagle Road Request: Preliminary Plat Approval Consisting of 15 Building Lots on 80.1 +/_ Acres in a C-G Zoning District G. Findings of Fact, Conclusions of Law for Approval: SHP 12- 001 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Short Plat Approval Consisting of Two (2) Commercial Lots on 1.40 Acres in C-G Zoning District H. Resolution No. 12-843: A Resolution Amending the Meridian Comprehensive Plan to Remove 2.675 Acres of Land Known as the Gibson Property From the Future Land Use Map and the Area of City Impact (CPAM 11-003) 7. Community Items/Presentations A. Presentation of the Draft Analysis of Impediments to Fair Housing Choice Study and Open 30-Day Public Comment Period (Pg 6-10) 8. Items Moved From Consent Agenda 9. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update Removed from Agenda 10. Action Items A. Continued from February 28, 2012: AP 12-001 Request: Appeal fora City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001) for a Home Occupation by Lee White Located at 1750 N. Ten Mile Road Continued to March 13, 2012 (Pg 11-24) Meridian City Council Meeting Agenda -Wednesday, March 07, 2012 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Discussion and Action on Transfer of Franchise Agreement to Perform Solid Waste Collection and Disposal Services From Sanitary Services Company to Republic Services (Pg 24-28) C. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services Moved to March 13, 2012 agenda (Pg 44-46) D. Public Hearing: TEC 12-002 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Road, Approximately 1/4 Mile North of E. Ustick Road Request: Two Year (2) Time Extension on the Preliminary Plat Approved (Pg 29-31) E. Public Hearing: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High-Density Residential), a TN-C (Traditional Neighborhood Commercial) and a C-G (General Retail and Service Commercial) Zone to an R-40 (High-Density Residential) Zone Approved (Pg 31-44) F. Public Hearing: PP 11-014 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two (2) Residential Lots and Two (2) Common Lots on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts Approved (Pg 31-44) G. Public Hearing: CUP 11-010 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Use Permit for 264 Multi-Family Dwelling Units on Approximately 11.53 Acres in a Proposed R-40 Zoning District Approved (Pg 31-44) H. Public Hearing: MDA 11-013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Meridian City Council Meeting Agenda -Wednesday, March 07, 2012 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Excluding the Property AND Creating a new Development Agreement for the Proposed Accolade Apartments Approved (Pg 31-44) 11. Continued Department Reports A. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Distracted Driving Grant for a Not-to-Exceed Amount of $14,285.00 Approved (Pg 46-50) B. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Alive at 25 Grant for aNot-to- Exceed Amount of $17,900.00 Approved (Pg 46-50) C. Planning Department: Draft Five-Year Community Development Block Grant (CDBG) Consolidated Plan Strategies and Objectives (Pg 50-53) 12. Future Meeting Topics A. Add update to Kleiner Park to March 13, 2012 workshop (Pg 53-55) Adjourned at 9:43 p.m. Meridian City Council Meeting Agenda -Wednesday, March 07, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 7, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Wednesday, March 7, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Ted Baird, Jaycee Holman, Bill Parsons, Kyle Radick, Mike de St. Germaine, Chis Amann, Lari den Hartog, Steve Siddoway, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Well, I would like to welcome you here this evening. Thank you for joining us and it's always nice to see young faces in our audience. Not that we don't always have young faces, but in particular those with the red jackets. Thank you for joining us. For the record it is Wednesday, March 7th' It's 7:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Today we will be led by Pastor Steve Moore and he is with the Ten Mile Christian Church. If you will all join us in the community invocation ar take this as an opportunity for a moment of reflection. Thank you for joining us, Pastor Moore. Moore: Thank you. Appreciate the invitation. God, sometimes I get just way too busy and forget about your presence and tonight seems like a goad time to remember that it's your world and that you're a lot bigger than -- than we are and it seems appropriate to ask for your will to be done here tonight. I pray your blessing and your direction an our Mayor and these Council members and the city servants here in Meridian, that both volunteer and have given their life and employment, their best hours of the day to make our community better. God, we ask a blessing on their homes, on their spirits. We pray that what's done tonight would improve our community life. We thank you far these and the weighty decisions that they have to make that sometimes aren't popular Meridian Gity Council March 7, 2012 Page 2 of 55 and often what pleases one displeases another. Sa, we are just grateful for people with character and with passion far their community to even put themselves in such positions, in the name Jesus, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Well, Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple items to note an tonight's agenda. Under Consent Agenda, Item 6-H, that resolution number is 12-843. Under Item 9, Department Reports, we need to remove that beings we moved the meeting to Wednesday night we don't have a youth person available to make the update, so the request is to remove that item from our agenda. Under Item 10, Action Items, 10-C is resolution number 12-844. So, with those items, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Skills USA Proclamation De Weerd: Item No. 5 is a proclamation and, Council, I will move down to the podium. Well, it is always great to have our Skills USA group with us. We have been very impressed not only with what you do in our community, but how you compete an a national level and I will say at this time that you are very fortunate to the advisor that you have. So -- advisors. Well, we see one face, usually, all the time, so -- I know. Me, too. But I would like to read this proclamation and, then, I would like to invite you forward, if you would like to say any -- well, actually, I'd like to invite you forward and introduce yourself. If you will state your name, the grade that you're in and what your area of expertise, what you compete in as well. So, first the proclamation. Whereas the City of Meridian is proud to recognize deserving citizens in the community, especially students who accomplish great things on behalf of our community, and whereas Skills USA Team Renaissance willingly performed numerous hours in planning and constructing a home within the Joint School District No. 2 during class time and weekends for a family in need and whereas Skills USA Team Renaissance has demonstrated it's willingness to educate the meaning of Skills USA not only to citizens of Meridian, but also to the state and federal legislative officials and whereas Meridian Gity Council March 7, 2012 Page 3 of 55 Skills USA Team Renaissance has reached out to other community organizations, such as the Lion's Club and the Bays and Girls Club by constructing a child's playhouse no cost far these organizations and whereas all major curriculum areas of masonry, architectural drafting, residential building construction and digital home technology integration offered, which helped the members of Team Renaissance complete this home and whereas the Mayor and City Council of the City of Meridian acknowledge Skills USA Team Renaissance and the efforts of their classmates and Mr. Ingers -- Engers -- sorry. I think I do that every single year. Enger: I have been called so much worse. De Weerd: I know. And that's what I'm guilty af. In his residential construction class. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, da hereby proclaim March 7th as Skills USA Team Renaissance Day here in the City of Meridian and I encourage all residents within the city to celebrate the accomplishments of the Skills USA Team Renaissance and join us in this celebration. Thank you for joining us. And, again, I would love you to come forward and tell us what your area of expertise is and how you participate in this home and if you will be competing at the national level and so we will just start and rotate around. Demabaton: My name is Julia Demabotan. I'm a senior at Renaissance High Schaal. I am part of the residential building construction program. It's my third year. But I actually compete in the community service competition. McFadden: My name is Cheryl McFadden and I am a senior at Rocky Mountain High School and I am part of the residential construction building program at Renaissance and I will be competing in community service this year. Rogers: My name is Luke Rogers. I am a junior at Mountain View High School and I will be competing in the firefighting. Sutherland: I am Jake Sutherland. I am also the president of Team Renaissance Skills USA and I'm going to be participating in firefighting. Luna: My name is Carlos Luna and I am a senior at Mountain View High School and I will be competing at -- for firefighting. Woford: I'm Cole Woford and I ga -- I'm a junior at Rocky Mountain High School, but I go to Renaissance High School far the firefighting program and I will be competing in the firefighting competition. Martino: My name is Nick Martina. I'm a senior at Renaissance High School and I'm involved in the firefighting competition. Mavis: I'm Shane Mavis. I'm a senior at Meridian High. I'm going to be competing in digital home technology integration and display. Meridian Gity Council March 7, 2012 Page 4 of 55 Yoder: My name is Hailey Yoder. I'm a sophomore at Renaissance High School and will be competing in firefighting. Ross: My name is Zach Rass. I'm a junior at Eagle High Schaal. I'm part of the construction of the house in the class and I'm also competing in the community service program. Casey: I'm Zach Casey. I'm a third year senior in the construction building area and I'm going to be competing in carpentry. Cole: My name is Cameron Cole. I'm a senior at Mountain View High School. This will be my third year participating with the building of the habitat home through Renaissance and I will be participating the carpentry competition. Enger: My name is Mark Enger. I'm the -- one of several advisors dealing with Team Renaissance and it's, obviously, a handful with all the different types of curricula dealing with these duties involved in from, obviously, firefighting, police, fire, building construction, digital home technology integration. You have masonry. You have architectural drawing. It's a never ending saga of what -- the talents that the youth have of today's world and it is a true challenge and we always take that on wholeheartedly, obviously, year after year. Frankly, we just flat out love it. At least can't speak for my colleague, I suspect they are much like myself, we flat out love what we are doing and seeing these kids excel. Last year we were very successful. I can't speak for this particular curriculum, I really know nothing about it, but the gentlemen behind can speak about it. They were fortunate to take number two in the nation on digit home technology integration. What that means is very simple. You have a home basically being run by a computer. It's a smart home. All the homes we build now far Habitat for Humanity are all being prewired far low voltage wiring, cable TV at no cost is for these particular issues of the school. Meaning the materials are purchased by Habitat for Humanity, the issue is the cost of labor, obviously, in these homes, but the kids come in and do this for the learning and they do a beautiful job and they prewire all these homes for with cavite wiring far all the particular rooms and cable TV. I think the young man could probably speak to it probably a whole lot more efficiently than I can, but, like I said, they came back last year with number two in the nation and to me what a noteworthy opportunity for that particular group and their advisor himself who could not be here tonight and his name is Mr. Greg Grove. We have another advisor in-house, his name is Mr. Clay Long, who is taking photos right here in the front row who is dealing with the firefighting. So, with that thank you, City Council, Madam Mayor. Let's hand that to, obviously, the two young ladies there on the community service team if we could, please. De Weerd: And, again, I would like to commend all of you for what you do. You do put a great face on our community as you go and compete nationally. We appreciate that. We have had the opportunity to participate and help the community service teams and it was, indeed, a jay. We have worked with the construction team as they have built the Habitat For Humanity home and I can tell you we have had nothing but positive Meridian Gity Council March 7, 2012 Page 5 of 55 experiences. So, we appreciate all of you. It's my honor and pleasure to present this proclamation to you and wish you great success. Item 6: Consent Agenda Approved A. Approve Minutes of February 14, 2012 City Council Workshop Meeting B. Approval of BeerlVllinelLiquor License Renewals 2012-2013: Wahooz/Pinz 1385 S. Blue Marlin BWL Piehole Pizza 726 Main St. B Joy Garden 2951 E. Overland Rd. BW C. Approval of Utility License Agreement with Settlers Irrigation District for Sewer Line Crossings of the Settlers Southside Canal D. Award of Project Management Software Subscription Agreement to E-Builder for the Not-To-Exceed Amount of $116,383.00 and Authorize the Mayor to Sign and the Clerk to Attest E. Award of Bid and Agreement for "Meridian City Hall Remediation Roof Repair l Replacement" to Modern Roofing for the Not-To-Exceed Amount of $302,893.00 and Authorize the Mayor to Sign and the City Clerk to Attest F. Findings of Fact, Conclusions of Law for Approval: PP 11-012 CenterCal Subdivision by Meridian CenterCal, LLC Located Northeast Corner of E. Fairview Avenue and N. Eagle Road Request: Preliminary Plat Approval Consisting of 15 Building Lots on 80.1 +I- Acres in a C-G Zoning District G. Findings of Fact, Conclusions of Law far Approval: SHP 12- 001 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Short Plat Approval Consisting of Two {2} Commercial Lots on 1.40 Acres in C-G Zoning District H. Resolution No. 12-843: A Resolution Amending the Meridian Comprehensive Plan to Remove 2.675 Acres of Land Known as the Gibson Property From the Future Land Use Map and the Area of City Impact {CPAM 11-003) Meridian Gity Council March 7, 2012 Page 6 of 55 De Weerd: Okay. Council, Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On the Consent Agenda, Item 6-H is resolution number 12-843. With that I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion? Rountree: I have none. De Weerd: Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community ItemslPresentations A. Presentation of the Draft Analysis of Impediments to Fair Housing Choice Study and Open 30-Day Public Comment Period De Weerd: Item 7-A under our community presentations. I will turn this over to Lori. Den Hartog: Madam Mayor, Members of the Council, it's nice to be before you again this evening. I just wanted to briefly introduce the item this evening. As you know we have contracted with BBC Research and Consulting to complete an analysis of impediments to fair housing choice. This report is required for the city to complete as part of our participation in the Community Development Block Grant program through the U.S. Department of Housing and Urban Development. So, I have Rachael Thompson here this evening from BBC Research and Consulting to present our findings from the report. This meeting opens up our 30 day comment period an the report, so those who have participated and who have been a part of supplying information to the city and you as well know members of the community will have an opportunity to provide any comments and, then, I will be back before in April to close the comment period to officially adapt the report. And with that I will turn it over to Rachael Thompson from BBC. Meridian Gity Council March 7, 2012 Page 7 of 55 De Weerd: Thank you, Lori. Welcome, Rachael. Thompson: Thank you. It's great to be here. I have very much enjoyed working with Lori and your stakeholders are incredibly engaged, sa I appreciate the opportunity to work in Meridian and to present our findings to you tonight. I'm going to quickly just give you a little bit of a background on our joint comp plan and the AI effort that Lori just introduced. Give you a brief demographic in housing profile update from the data that we gathered during this process. A summary of a resident survey that we took and, then, also present some of the meat of the AI, which is the impediments in the fair housing action plan, which I will be referring to as the FHAP. Are we up and running? It's a very engaging presentation, so I want to make sure everyone can see it. So, Lori mentioned BBC was hired to complete both the HUD consolidated plan and AI. It's smart when communities do these two studies together. The two studies have a lot of overlap and data collection and public input, so we were glad that we could do both studies at the same time. We conducted a resident survey between November 16th and December 15th. We had about 330 residents participate in that. I will talk a little bit more about that later in my presentation. I came to Meridian in January. Had a focus group with I think about seven stakeholders. It was a great meeting. We are in the process of putting together the strategies and objectives for the comp plan, which Lori will present to you later. This is, obviously, the findings from the AI. This opens up the public comment period. Lori I believe on Monday will present that AI -- the action plan process and, then, all of this gets wrapped and submitted to HUD in August of this year. A little bit of background on what an AI actually is. AI entitlement communities that receive funding from HUD are required to complete an AI. The AI had received quite a bit more scrutiny from HUD really within the last three years. There was a pretty well publicized lawsuit against West Chester County, which is a wealthy county north of New York back in 2009 in which HUD found that not only were they not affirmatively -- affirmatively furthering fair housing, but they were also not completing their AI sufficiently. So, after that lawsuit HUD has really, like I said, scrutinized the AI's more closely and they are putting a lot of pressure on communities to complete sufficient AI's. So, what we do when we do an AI is we try to identify activities that may have a disparate impact on protected classes and what those protected classes are are race, color, sex, religion, national origin, disability and familial status and these protected classes are identified as part of the Civil Rights Act. As part of the AI we identified barriers to fair housing,. We also call them impediments. And, then, we put together a fair housing action plan, which gives the community action items that will help mitigate the impediments that we identify. I thought it would be interesting just to present a few of the data items that we gathered as part of both the comp plan and AI process. We are doing it at a good time, because the 2010 census was just released. If you have lived in Meridian far a few years it's not a surprise to know that you're incredibly fast growing. Your city is aging. It's not aging as much as other communities, but you will certainly see growth in your baby boomers and also in your seniors. Your racial composition has changed very little. Yau have seen some growth in your Hispanic population, but it's still a small growth. You're relatively wealthy, particularly compared to same of your surrounding communities, the state, and the U.S. as a whole and your poverty rate is low. Your low income Meridian Gity Council March 7, 2012 Page 8 of 55 households are relatively concentrated really right around City Hall here in your downtown area and that's important, because HUD has designated this area as a law and moderate income area, which means that you can spend your CDBG dollars within this neighborhood. The last ten years you have seen a decline in your homeowners rate. It has been impacted by foreclosures and anticipate that as the market picks up here a little bit you will probably see an uptake in your home ownership rates. Your housing stack is new. You have older stack here and it's pretty much new everywhere else. Your rents are high, particularly compared to Boise, Nampa, Ada county, some of the other surrounding communities. Like many communities you have a gap in rental units for households earning less than 25,000 dollars per year. By gap I mean that your demand, essentially, exceeds supply. Your housing market down turn has certainly impacted Meridian, both in sales activity and also in sales prices. In the last four years your average sales price has decreased by about 37 percent. There are a number of data items that we have to collect specifically for the AI one piece of information that HUD is very interested in is racial and ethnic concentrations and by concentration I mean that you have small geographic areas in your community that house more minorities than the city as a whole. There are no racial or ethnic concentrations in the City of Meridian. Public transit opportunities are relatively limited. This is of interest to AI, because it may dictate where people live and limits low income residents' ability bath to live in Meridian and particularly where they are living within the city limits. In the last five years you have had 18 fair housing complaints filed within the city. Sixty-one percent of those have been filed in the disability status. Typically cases are filed for disability status, if same requests a certain modification to a home and that's denied by a landlord. There has been some legal cases -- legal cases within the region. Most of them have occurred in Boise and most of them have also involved disability status. Those have mostly been related to new construction that hasn't been in compliance with the ADA. Another data item that we looked at is lending data. So, these are individuals that applied for a mortgage ar refinance ar home improvement loans. This is, obviously, timely given the prime lending that's taken place in the last few years. Again, Meridian has no lending disparities. So, we conducted a resident survey bath for the consolidated plan and the AI and we had 330 residents participate in that and I really wanted to thank the city far their help in promoting the survey. We are incredibly happy with the response rate that we received. The table there has all the organizations that helped us publicize the survey. And, then, we used a number of other distribution mediums for survey distribution. Public schools were incredibly helpful in spreading the word about the survey. Same of the findings from that survey. I thought I would get better at this as the presentation went on, but it still isn't going very smoothly. There we go. I urge you to read the camp plan when it comes out far more exhaustive summary of the survey, but a few findings, particularly pertinent to the AI are residents are incredibly satisfied living in Meridian. You're probably not surprised by that. And just a side note, we are working with a few other Boise regional communities and what we hear in the surveys is that a lot of regional residents aspire to move to Meridian, so your population may continue to increase. Residents said their homes are in goad condition. That's good. About four percent said they lacked repairs that made their homes unlivable. By and large residents hadn't experience any sort of discrimination when finding housing in Meridian Gity Council March 7, 2012 Page 9 of 55 Meridian and that's good news. In some communities that could be has high as 20 or 30 percent that respond to that. And in general we asked residents if they felt like fair housing services were needed in the city, if the city should start funding fair housing services more and residents essentially said that they were not needed here. So, with that I wanted to talk a little bit about the impediments to fair housing and, then, also present your fair housing action plan and so this is what will be presented to HUD as your AI. The first impediment that we found was an overall lack of affordable housing, particularly when compared to your households. And HUD considers this to be an impediment, because of a lack of affordable housing can lead to income, racial, and ethnic segregation and may disproportionately restrict housing choices for certain protected classes. So, the two action items that we identified for the city are, first, to preserve the affordable housing that's here. Make sure you are working with -- with the owner of these properties to insure that they are going to stay under affordability, continue to stay affordable to residents. And, then, they also talked about convening an affordable housing task force to investigate ways to develop new affordable housing. This task force should probably include members of city staff, affordable housing developers, and other -- the downtown development corporation and other stakeholders in the community and their primary task would be to look at what other communities are doing to encourage affordable housing and determine if any of these tools or policies might be something that could work in Meridian. The second impediment was potential resident opposition to affordable housing development. This is identified by the stakeholders. In some communities this is called not in my backyard syndrome or Nimbyism. This is considered an impediment, because HUD gives consideration to how communities hold themselves out to residents and so what we suggest is that you just continue your good neighbors plus fair housing equals strong communities campaign. It's been effective in the past and we just suggest that you start tweaking that, so that it's specifically geared towards your impediments. Impediment three is limited public transportation opportunities. BBC has a pretty active public finance practice area as well and we do transportation financing studies and we know that public transit is incredibly expensive and so this is not something that's going to be fixed overnight. And so what we suggest is that city staff continue to stay engaged in regional transportation planning efforts, be noisy, there is funding available, try to find it, and make sure that you're staying aware of any sort of state, local, or federal funding sources with regards to transit. Impediment four, the lack of understanding by developers and landlords about housing accessibility requirements. We saw this in -- obviously, in your complete data and, then, also it's in the lawsuits that have occurred regionally. This is simply an impediment, because persons with disabilities are a protected class under the Fair Housing Act. So, again, we encourage the city to continue their fair housing campaign, tailor their outreach efforts to make sure that particularly landlords understand their responsibilities and obligations under the Fair Housing Act. Expand outreach to Meridian's landlords. Potentially hold a fair housing training. And, then, also train community development staff on ADA and fair housing design and guidelines to make sure that when they see approvals or permits coming through that they meet all the guidelines and requirements of that. So, what happens with this information is we will put together some action items and each year as part of the action plan to the keeper will report back to HUD what you all have been Meridian Gity Council March 7, 2012 Page 10 of 55 doing or you will include information about what you have been doing with regards to fair housing and mitigating these impediments. With that I'm open to any questions that you may have. De Weerd: Thank you, Rachael. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. So, Lori, next steps? Den Hartog: Madam Mayor, Members of the Council, I have a department report this evening later in the agenda and -- De Weerd: Okay. Den Hartag: -- I will provide same next steps far you. The key thing to Hate about the fair housing action plan is that it does -- the responsibility of that falls within the community development department, primarily with me, insuring that we follow through an our action plan items and that we have -- and Rachael and I have worked together -- worked out together amulti-year strategy and kind of figured out a way how best to approach that and kind of taking small steps each year and showing how we are -- in showing HUD how we are moving forward on some of these items. So, I will present kind of the next steps moving forward when we have the department report this evening. De Weerd: Very good. Thank you sa much. Den Hartog: Thank you. Item 8: Items Moved From Consent Agenda De Weerd: Okay. There were na items moved from the Consent Agenda. Item 9: Department Reports A. Mayor's office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: We did have a change to our regular agenda where we removed under Department Reports the Mayor's Youth Advisory Council and we will reschedule that to next week. Item 10: Action Items Meridian Gity Council March 7, 2012 Page 11 of 55 A. Continued from February 28, 2012: AP 12-001 Request: Appeal for a City Council Review of the Director's Denial of an Accessory Use Permit (AUP 12-001} for a Home t]ccupation by Lee White Located at 1750 N. Ten Mile Road De Weerd: So, I will move to Item No. 10, Action Item 10-A is continued from February 28th on AP 12-001. I will ask for comments from Mr. Baird. Baird: Madam Mayor, I can help kick this off. Mr. Nary advised me on what happened this week. As the agenda states, this is a continuation of a hearing from last week. Staff was directed to meet with Mr. White and work out issues as best they could. During the intervening week legal staff, planning staff, building department staff, met with Mr. White. My understanding they did resolve the attachment issue. I understand that Mr. White has agreed to attach his dwelling to the accessory dwelling to resolve that portion of the situation. Outstanding issues tonight include access, parking, screening -- those are the ones I'm aware of. There may be others. So, I will hand it aver to Madam Mayor and the Council to decide how to proceed tonight. De Weerd: Okay. And I must apologize in advance since I was not here last week far the discussion to know what the outstanding issues are and so, Council, I would ask if you have any comments, any questions at this paint? Baird: Madam Mayor, before the Council interjects, I understand that last week the public did have an opportunity to comment. The intention tonight was that the Council would not take further public comment, but perhaps you would inquire of Mr. White and see if that's -- haw the Council wishes to deal with the appeal. De Weerd: Okay Bird: I have no problem if Mr. White would like to -- has got anymore to add or anything, I have no problem with that. De Weerd: Okay. Mr. White, if you will, please, join us. I understand you received designation last week as man of Meridian or man of the year, so, you know, I'm honored to have you in front of us again this evening and if you will, please, state your name and address for the record. White: Lee White. 1750 North Ten Mile Road, Meridian. De Weerd: Thank you. White: Thank you for the designation. De Weerd: And I do understand that you have met with staff and have tried to work out the number of suggestions and issues that were raised in last week's discussion, so I will ask you to provide comment. Meridian Gity Council March 7, 2012 Page 12 of 55 White: Okay. I have prepared about a three minute comment here if I might. De Weerd: Well, that's great, because I also understand that Mr. Hoaglun's a lot mare free with his time than I am. So, you have three minutes. Go. Na. I'm turning it over to you. White: Thank you, ma'am. I stand before you tonight as a strong proponent of free enterprise and the right to be an entrepreneur and limited government. Those things are important to me and I try to live within that realm. I also come before -- well, you have already said that -- as a person that's loved by some, hated by others, and admired by a few. De Weerd: We know how that feels. White: Yes. Very true. I have had a lot of favorable comments. In fact, I had a phone call this evening. What's happening with you and the city. I don't see anything out there. Would like to see you back doing business. So, we are going to work toward that end. We did -- oh. We ended up last week with some ideas that I have taken home, reviewed, and we will discuss them. But, first, we heard from Councilman Rountree that he also made shovels -- made and sold shovel handles and he told me they had to be better than mine, so I kind of offered the idea that I would like to come and see what he does and how he does it and waited all week far an invitation. Never happened. So, I guess I'm not on the guest list. Competition is a good thing and the two of us have something in common that is kind of a lost art. There are about five issues -- either five ar six issues that were discussed. One of them I received these notes directly from the city clerk via a-mail. The first one said nothing in the front yard that relates to sales, including signs. Here is what I have written. No problem. I haven't had anything of any kind or sign that relates to sales since the last year sale and the kids' yard sale that I had last year. The existing sign on the north fence is that of a service performed -- that I perform for the community. As you heard last week, it's a landmark, which is getting fame far and wide in some of our neighboring states. When telling someone where I live at Ten Mile and Cherry, they say Ten Mile and Cherry, anywhere near that guy that replaces shovel handles and I say, yes, I know exactly where you are. So, it's a landmark and, therefore, I would deem it as a historical point of significance. It's been there long enough that people know where it is and what it is and haw to find me. It is not relating to sales. Number two. On the back garage -- this is quoted directly from the a-mail. On the back garage the separate facility, a professional sign that says that Mr. White does -- and in parenthesis not hand painted or done with stencils -- would have to meet the sign code. I haven't came up with an exact sign, but I have some people working on them. Here is one that I just had the one copy. If you want to pass it around I will bring it to -- De Weerd: Yes. If you will give it to Madam Clerk over there. Meridian Gity Council March 7, 2012 Page 13 of 55 White: It, in essence, states my mission statement and I think it has some merit. We can discuss that. Mission statement meaning -- ar saying that I repair, rebuild, and recycle. And, number four, try to be a good neighbor. So, the circle shows recycling the shovels. One of the things I repair and the wording is self-explanatory. Would be open for suggestions. If that is -- if we are on the right track for a sign. I think we are. Okay. Number three item was materials stored in back -- your back yard. A fence that would not allow vision. Doesn't care what size. He's suggesting that an the fence -- it went blank. There is nothing further recorded at that point. I don't fully understand -- thank you -- all that I need to I suppose there. But there already exists a four foot fence that closes off a major part of the view from Ten Mile and from Walgreens to my property. You can see the pictures and I can't. You have to really focus on anything if you want to see the shop from Ten Mile Road. So, as you're driving down Ten Mile Road and want to see it back there at the shop, you're not paying attention to your driving and might cause an accident. I don't know. I think we need to have some discussion an that. But if you want me to go through the rests of the items first -- shall we do it that way? De Weerd: Uh-huh. Yes. That would be great. White: Okay. Let's da. Number four. Creating a tunnel from your home to that back garage that might have a canvas top. Might have a vine covering it. But it will have something that connects the structures, so that they are not separate. In discussing this with Mr. Nary, Kristi, and a man from the building department, we came up with the notion that we would have a solid piece of two by four -- or four by -- excuse me. Two by six running building to building, fashioned to the buildings on double legs at intervals of 20 feet. Makes it secure. Makes it an adequate piece of merchandise to fulfill the requirement. The main reason for this is that if we go to putting a cover of any kind on that we are in a wind tunnel. Damage can be extreme and totally unnecessary. The only problem or question I have is what is this doing to the property valuation -- assessment valuation? What will it do for my insurance? But I think that I'm willing to take that and put it up, so that it will work. I had a drawing here and wouldn't you know I left it. I have one. When you see that realize that I'm not an architect. Here is a vague idea of what we can do. I have a double row on that, but I -- I believe after further analysis a single two by six secured with four-by-four double posts, 20 foot intervals, will make it a very strong and nice looking piece of structure and that's what we want. We want it to look nice and be able to fulfill the requirements of the permit. Hoaglun: Well, I think, Madam Mayor and Mr. White, you know, it may satisfy us, but your wife may be the one you really aught to satisfy in haw it looks, so -- White: Paint taken. Point well taken. Okay. That's pretty much that one. Number five. That the goods sold would be stored in the evening. This is a wide open one. Nat much description of what we needed. But I assume from that that we might be intending to leave my display an the outside of the wooden fence and bring it in at night. If we take it just to the east of my front -- back yard dividing fence this would be Meridian Gity Council March 7, 2012 Page 14 of 55 a goad thing, out of the way, not causing any traffic hazards, any problems and people would be able to park further back toward the well house and meet that requirement. That is -- now, wait a minute. Number six. Any approval granted to this particular application would be subject to revocation by the city with 3Q days notice and approval would go with -- would not go with the property if it sold. With the understanding at the present time that Ten Mile is to be widened within a one to two year period, that means they are going to be supposedly taking somewhere between ten and 15 feet off my frontage. That means my property is totally worthless as a residence. I would not be able to back out of my garage, enter into the garage, without being in a very dangerous position. So, 30 day notice -- or going with the property, that's an understood thing. It would not go, because there aren't any -- very many people that are going to want to continue doing recycling and things that I do. I would like to know on what grounds the revocation would be and who the enforcement people are and the guidelines. We would have to work through that. That's -- that's my part of the presentation. I think we need to have questions and answers. De Weerd: Thank you, Mr. White. Counsel, any questions? White: Don't stump me, please. Rountree: Madam Mayor, there is a couple things that were brought up earlier. Access and parking is an issue. Apparently the property doesn't have a deeded access to that back portion, that back garage. It's either owned by Walmart ar it's owned by the adjacent property owner, at least that was my understanding, and that really and truly, not only for our benefit, but particularly Mr. White's benefit, he needs to get written permission from the property owners ta, one, allow access an that personal property -- White: I have it. Rountree: -- and also allow parking on that personal property and if you do have that that would be something that would be needed -- be required with submission of an application for permit. You mentioned a couple questions about no signing in the front yard and that means what it says. Na signing in the front yard. Your sign an the fence, in my opinion, is not an historic monument. At a minimum it would have to be 50 years old to meet any definition of that and have some regional significance. Your sign -- and I will just give you my comments -- is just fine, as long as it meets the sign code. I don't have any dimensions on it. and I don't have my calculator to compute what six square feet is on a circle, but it has to be six square feet ar less to meet the sign code. I got a question about materials stored in the backyard out of the view. That means what it says. You will notice -- if you will turn around and look and the pictures, you have a bunch of material that's stored outside of a fence and apparently in a driveway and the parking apron in front of your garage. That is not consistent with city ordinance in and of itself, let alone with any business activity. So, that needs to be stored behind a fence in the backyard out of view. White: That can be taken care of very easily. Meridian Gity Council March 7, 2012 Page 15 of 55 Rountree: That -- please. Your arbor for connecting the house is -- and I think that's a grand idea and you can grow grapes out there or do whatever you want on that to make it even esthetic, so -- so, you and your wife and Brad can get together on that. Goads sold -- if they are out for public view, it means what it says, they are to be stored out of view in the evening. And as far as revocation, the revocation would be based on any significant issues related to the activity on the property or any violations of the conditions of any permit that might be granted, just like any other application or permit in the city and that would be done by code enforcement. Observation, based on what I re-word from last week, you said a number of times that money is not an issue and a number of people testified saying it's not an issue for Mr. White. So, I take it from that that this is more of a hobby and I can appreciate that and hobbies certainly are something we would encourage on a residential property and keep in mind this is a residential property. It is not a business if were a business you should be very worried about the fact your insurer probably isn't insuring it as a commercial establishment and you don't have liability insurance covering a commercial establishment. You're not paying property taxes for a commercial property. There is a lot of things you're not doing by saying you're running a business in a residence. So, I'd like to keep this in the realm of a hobby and I would suggest that you might want to think about that as well. So, those were the conditions and same of them you suggested, some of them I suggested, some of them I picked from what was said in the discussion when I gave you the list last week. I'm comfortable with those, the way they have been explained, to move forward with this. If you're not comfortable with those, then, it's up to the Council to either figure out another way to make this work or -- or do it -- I don't think any of us want to do necessarily is -- is uphold the denial. But Iguess -- and for your opening statement -- I don't know that I said mine were better than yours, but I alluded that they might be pretty nice and after all of this is resolved and this isn't an application before the city, when we can actually talk and it's not considered ex-parte, you're welcome to came to my shop anytime and see the one shovel I have left that you can -- actually it's not even a shovel, it's a -- it's a spading fork, but it's -- it's the one I have that hasn't been either given away or broken or whatever. But, anyway, so -- White: If you need a replacement I know where a guy could -- Rountree: Well, I do, too, so -- White: Okay. May I ask a question? De Weerd: Yes, sir. White: Madam Mayor, it hasn't been totally clarified where I am going to be allowed to display my merchandise that I have as a hobby that I can bring it in at night. Can we came to some idea on that? Am I going to be okay there an the south side of the wooden fence -- the east side of my dividing line --dividing line between front and back yards? Meridian Gity Council March 7, 2012 Page 16 of 55 Rountree: Madam Mayor, I'll offer an opinion an that. I -- if that is your property you can display it out there. If that's not your property Ican't -- I can't give permission one way or another. I suggested when you clean all the materials off of your apron, your garage or your parking pad, that there is going to be sufficient room to display a lot of stuff out there that you might want to sell. But, again, my comments are that has to be cleaned off and that material has to be stored in same other location out of view. White: Not a problem. Rountree: You have got a lot of stuff there. I'm not sure that you and I both could make something out of that in the rest of our days, but -- White: I have quite a bit of firewood there. Rountree: Yes, you do. White: As soon as the firewood season starts again that will be chopped up and put out for the public to purchase and use in their camp fires. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I have just a comment and follow up with a question with Mr. White. The way I saw it, you know, goods stored in the evening and the materials in the backyard, I was even thinking last week that you have a fence that opens up that allows access -- you're able to see everything that you're offering or that you want to display and in the evenings to store it, to get it out of view, you can just close that fence. That was kind of something I had in mind last week when we were talking about this as a way to -- whether it slides or opens or what have you -- as a passibility to -- and that way it's stored for the night, it meets that criteria, you don't have to move everything back and forth, but that kind of was my thinking an that. White: That's acceptable. And there is a double gate that opens there. Can't see it. Hoaglun: On the other -- that one an the lower left, I think that's part of it there. To the far left. White: That's it. Yeah. You can see part of the gate right in there. Somebody's moving the warm. Hoaglun: We are at the far left in the yard part; correct? Where you will display your items? White: Right -- bring the arrow down. Meridian Gity Council March 7, 2012 Page 17 of 55 Hoaglun: And, then, swing it -- White: I can display it there. If you will let me, I will continue to do it -- yeah. Up -- top left picture. Oh, it switched on me. Hoaglun: There we ga. White: Top left picture. About halfway down where the cement is, dawn in that area -- Hoaglun: Uh-huh. White: Am I touching this and that's making it move? De Weerd: Uh-huh. White: Okay. Five or ten feet at the end of that curb is a good area. It's out -- it's a safe area to put things out. I would like to keep the firewood in that area. People can, then, make the turn and come out. They are not causing any traffic problems. Pick that up. I would like to move the rest of the stuff an back toward the area we were talking about in the tap right picture. After that those railroad ties and that dirt is moved and the two by fours are chopped up for firewood that area will be cleaned and if that's okay with the group we are okay. Hoaglun: Madam Mayor, just to clarify. Which side of the fence is that firewood on? Is it on the street side or is it an your yard side? White: It has to be on the street side to be visible for people to see. And that is not a street, it's a road, which is half owned by Walgreens, half owned by the neighbor behind me. I have permission for the use on the half owned by the neighbor behind me with their blessings, as long as I keep the place neat. So, I have got to neaten it up a little bit there in back. Rountree: Yes, you do. Hoaglun: Okay. De Weerd: Mr. Zaremba Zaremba: Madam Mayor? Just a couple of comments, I guess, for -- to some extent for the record. In accordance with our ordinances I would clarify that, of course, the director was right to follow the ordinances and deny this. It's now before us to make an exception and on that note I would like to express my appreciation to Councilman Rountree far the suggestions he has made that would move this forward. Those two things said, I'm still fuzzy on a couple of things. My vision of the discussion last week was that the area between this access road, which is half owned by your neighbor and Meridian Gity Council March 7, 2012 Page 18 of 55 half owned by Walgreens, between there and this building that we are looking at -- in other words, what I would say is the pad leading to a garage ar the separate shop, it was my understanding that that would be cleaned entirely and, therefore, would became available for parking if you had -- I guess customers isn't the right word, but people that are coming to share your enthusiasm and your hobby. Whether the materials that are there are put behind the fence or put on the north side of the shop garage building isn't something I need to decide, you can decide where you'd rather have it, but I want to make sure that we are clear that Wane of it stays an that pad south of the building; is that correct? White: None of what? One more time. Zaremba: I didn't hear that. White: None of what? Zaremba: All the stuff that's currently stored outside -- all the stuff that's on what I would assume is a driveway into that building. There is a cursor moving around an the screen that I'm looking at. The area that's being circled should be cleaned. Is that the direction that we are going? White: On the outside of the fence? Yes. Inside the fence has to be used for the storage display area. Rountree: No. Zaremba: Well, display of things you make, not display of -- White: Excuse me? Zaremba: Display of things that you make or improve or have finished your recycling effort on, not display of raw materials. I don't think we are envisioning anything that's sitting there now staying there. White: I said that would be moved and taken care of. Zaremba: Yeah. Okay. White: That will be cleaned. Zaremba: Okay. All right. White: Yeah. I have no problem with -- Zaremba: All right. We are together on that ane, then. Thank you. Meridian Gity Council March 7, 2012 Page 19 of 55 White: Very good. Zaremba: Then the other I was a little confused about your introductory discussion about a sign. It isn't necessarily about what's on the sign, but I thought the direction that we were going was, essentially, no signage in front of your house, including that north fence. But your discussion was that that sign would remain. So, I'm not clear on what everybody's intent was. I was thinking there would be no sign -- the only sign on the property would be -- this is fine if that's an example, but that would be the only sign on the property -- anywhere on the property. White: I have reservations on removing the one in the front. If you want it rebuilt, redone, I think that it is a -- I use the term landmark for the community -- we were told last week by a young lady that it was on Twitter or what have you in California and Oregon and it's something that's -- I'd like to keep it. I think it brings friendly people to have comment, make phone calls to me. It's a conversation piece. I really would like to see it stay. I have a problem with not having anything else on the front yard, but that one is kind of dear and near to me I guess is what I'm saying. Zaremba: Well, I agree with you that it's noticeable and it sort of adds character, but we are still struggling with the issue that this is a residential property and we are trying to figure out haw to allow things that we don't allow on residential properties, because your property is unique and I recognize that, so I guess I would listen to some other discussion. My thinking was there would be no sign, but I'm not the only opinion here, so -- White: Well, I have stated my feelings on it. I -- it's near and dear to me and I think that I have done quite a bit here to comply with the balance of the requirements that are being placed in order to get the permit. I think there needs to be a little give and take. There is -- you're to be commended for what you have done so far. I appreciate it. De Weerd: Well, Mr. White, being somewhat neutral, since I wasn't here last week, I think there has been great compromise on both sides, but the -- what you see Council is trying to do here is find not only a compromise, but something they feel comfortable that they would apply evenly and fairly to all residents, so they are not giving preferential treatment to any one person and that is a fine balance sometimes. White: Can't argue the point with you, Madam Mayor. De Weerd: So, Council, the other members, do you want to weigh in? Do you have any comments on what has been discussed to date or so far this evening? Bird: Nothing has been said that I -- what I would say has already been said, sa -- De Weerd: Okay. So, I guess to recap for where I think we are, is that if Mr. White can give the city documentation on the access and parking agreement with the Meridian Gity Council March 7, 2012 Page 20 of 55 neighbor I believe to the east of him to use that area, that people can park along, is what the city is looking for. The sign looks -- looks appropriate. It's very nice, I would add. Would need to work with Planning staff to make sure it does fit the criteria as in once dimensions are known. The fencing -- I think what, Mr. White, they are looking for is screening, so that -- that on your probably chain link you can put slating in it to provide the screening, so -- White: At what point, ma'am? All of the south chain link fence? De Weerd: No. I just think along the front of it, so it's screened from the street. Is that my understanding from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That -- that opens up the parking lot of -- can you hear me, Dean? De Weerd: Yes. Bird: Anyway, that -- that fence runs all along there in the parking lot. That -- you can see all the way back to the east end of his property an that. If you're going to -- you should slab the whole thing. My opinion that should be all undercover and -- I don't know, I -- I want to see us be able to work out a solution, so we can have it, but I've got a real problem -- you put a sign up, he puts firewood out for sale, his product is for sale. He wants to leave his sign in the front. Haw do you not -- how do you say it is a hobby and not a business and how da you not say it's a commercial piece of property? And if it's the only property in the city that we had to deal with these things, there would be no problem. But as sure -- I don't know. I don't know if our Planning and Zoning people or our attorneys can defend this or not. I mean I want to -- I don't want to see the guy have to give up his hobby, but at the same token I don't want to see us setting something out there that's going to come back to haunt us or haunt future councils. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: If I could engage in a discussion of our code's definition of a site obscuring fence. Bill aver there is from the Planning Department and it's my understanding the slates do not meet that requirement. So, if it's appropriate you might want to hear from Bill Parsons on that. The other thing while I have the floor -- if the Council is inclined to grant the appeal, it would be my suggestion that you give staff direction to make specific findings, return with them in two weeks, so that staff in drafting those can listen to tonight's record. I'm not sure we have a meeting of the minds of what the expectations are at this paint. So, as you work towards that direction that's what staff will be looking for. Thank you. Meridian Gity Council March 7, 2012 Page 21 of 55 De Weerd: That is what I was trying to accomplish. Bill, could you perhaps give same -- enlighten us an the fencing requirements and what exactly is being requested. I -- and Iguess what I would like to address -- and I understand, you know, the fencing looking in from Ten Mile and to at least the driveway, I don't understand why the fencing across the driveway would have to be obscured. But if you could maybe help provide some clarity on that. Parsons: Be happy to, Madam Mayor, Members of the Council. Because this is an accumulation of recycled material, we do allow for storage of materials on property as an accessory use. Under that specific section of code it's clearly specified that the fencing should be six feet in height and a solid material and so we are looking -- as far as a planning standpoint and the code standpoint, Mr. White's fence would need to be six feet in height and either be wood or vinyl or some -- some type of solid material and also if it is supposed to be screening material, then, it can't be chain link with slats, like Mr. Baird had mentioned earlier. So, I think that was the direction to you, Mr. White, from my understanding is that you would put up a six foot fence and block some of that from view. De Weerd: Okay. So, Bill, does that include the enclosure that covers the pad to the garage? I --the garage door? White: No. That will not be fenced. De Weerd: Okay. Parsons: Madam Mayor, Members of the Council, I think if he was to -- if he's going to keep it -- if he's going to move the junk -- excuse me -- the recycled material from outside of the fence and put it in the driveway, then, yes, he would need to screen that. If he was to just clean it up and, then, keep -- keep that stored in the driveway or just display his materials, I don't see why we would need to screen that. He's just displaying finished goods. He's not displaying raw material ar his recycled materials far the neighbors to see. White: At what -- excuse me. At what point do you want this six foot fence located? I can see right -- I wish I could run the -- De Weerd: Iguess, Mr. White, I will ask that staff meet with you to discuss those details, sa we don't build the fence tonight, but you can -- you can kind of go aver the details and make sure that we are all clear an what each other are agreeing ta, so that when this does came back to Council there are no further questions. Does that seem reasonable? White: Sounds reasonable to me. De Weerd: Okay. So, at this point I believe that the City Council agrees that this is a nice sign that you have given us by your example, that the arbor does sufficiently Meridian Gity Council March 7, 2012 Page 22 of 55 connect the house to the garage. Materials will be stored behind the your -- in front of the house, unless okay. And I know you -- White: There goes a landmark. You will work the fence issues out with staff. fence and the removal of the sign from in front of I'm hearing Council differently. I believe that was -- De Weerd: -- are partial to that and you believe it is a landmark -- certainly not historical, because it hasn't been there long enough, but a landmark all the same, but because of the -- the residential designation that it --that's not something that they can see fits within the allowed flexibility of what they are trying to accomplish here. So, the only remaining issue would be making sure to get details clear on the fencing and make sure we have a copy of the agreement for the access to the easement and parking is -- did I summarize that? Any further questions or topics that need further clarification? Zaremba: Madam Mayor? Rountree: I don't think so, Madam Mayor. De Weerd: Mr. Zaremba. Zaremba: Not to throw -- yes to all of that. De Weerd: Okay. Zaremba: If that's the direction that we are thinking of going. I missed part of the discussion last week, so, again, if I'm asking a question that was discussed, please, forgive me, but are there other alternatives? I mean could this property be rezoned to a mixed use -- we can't rezone it to commercial, because, then, you can't live in it and we are struggling with it neither being fish nor fowl, but is there a possibility that this one piece of property could be rezoned to mixed use and solve some of these problems and have both the residence and a commercial on the same property? De Weerd: Mr. Zaremba, at this point it's a timing issue. Zaremba: Yeah. I know. De Weerd: Finding something that can keep Mr. White in his hobby without that time lapse. I do think that next steps moving forward is it would -- it would be goad far a discussion an these transitional uses and what we can look at longer term, because I don't imagine this will be the only property in -- in the city that might have these kind of issues, in particular as we started getting closer to that neighborhood level commercial and how that might impact other out-parcels similar to this. So, we would want to have further discussion an that. Okay. So, thank you, Mr. White, far being here again and I guess I will ask, Bill, if you will be responsible for the follow up and setting up an Meridian Gity Council March 7, 2012 Page 23 of 55 appointment far Mr. White to go over the remaining details, so we can bring back findings far staff to -- ar for Council to accept. Is next week taa loan? Next week is a workshop, but if it's available and there is agreement on all sides, it could be put an the agenda. Baird: Madam Mayor, we do want to set it for a date certain and Bill Parsons is shaking his head that he thinks it's possible. We can certainly shoot for that. Let's -- in your motion you can move to set it to that date and if staff needs another week we will report to you at that time, but if we set it as a goal we will certainly try to meet that. I'm going to suggest that we come up with a map of the property designating the exact locations of certain types of fences, what will go where, where the firewood is and is not allowed, just so that there is no question about what -- what will be before you for approval. De Weerd: That would be great. Okay. Mr. Hoaglun. Hoaglun: Madam Mayor -- and assuming Mr. White would be available next week and everything gets worked out -- are you around, sir? White: I will make myself available. Hoaglun: And we work -- a workshop is an afternoon session, so we start at 3:00 o'clock, sa -- White: I am retired. Hoaglun: Well, okay. My dad is retired, too, and he's busier now than he was I think when he was working. White: I don't know how I found time to go to work. Hoaglun: Madam Mayor, I would move that we continue AP 12-001 to our next meeting March 13t", 1012. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor, did the maker of the motion intend to have draft -- caardinate with Mr. White and prepare a draft findings far our consideration? Hoaglun: Yes. That -- as we discussed that staff would work with Mr. White and, then, there would be Findings of Fact and maps available and, hopefully, an agreement that can be presented to the Council. Rountree: Thank you. Meridian Gity Council March 7, 2012 Page 24 of 55 De Weerd: Okay. All those in favor of the motion say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. White: Can I say aye? De Weerd: Absolutely. White: Thank you very much. B. Discussion and Action on Transfer of Franchise Agreement to Perform Solid Waste Collection and Disposal Services From Sanitary Services Company to Republic Services De Weerd: Okay. Under 10-B we have a discussion and action on the transfer of a franchise agreement. Mr. Baird, are you commenting on this? Baird: Madam Mayor, my understanding that Mr. Sedlacek is here, along with a representative of the company to assume the franchise. We also have a resolution that approves the transfer of the agreement, which is a necessary component of the due diligence for the purchaser of the business. I think it would be appropriate to have Mr. Sedlacek and his guest come up and make that presentation with regard to Item B before you move -- and, then, move on to Item C if all your questions have been answered. De Weerd: Okay. Thank you. Steve. Sedlacek: Madam Mayor, Members of the Council, we have discussed this issue with you in the past -- or recently a couple weeks ago. I wasn't actually prepared to speak tonight about this topic. We certainly can answer any questions you might have. The issue at hand is we would like to exercise our ability to transfer the franchise agreement from Sanitary Services to Republic Services and in sa doing we would have the opportunity to construct a MERF at our transfer station and -- well, add jobs and this capability into the valley, which is something that we need to do. That's the short summary I suppose. De Weerd: Okay. Bird: I have none. Hoaglun: Madam Mayor, just a comment. It's difficult to see you go, I mean in terms of the service that SSC has provided to the city. Certainly Republic is a well known reputable company, I know they will serve our residents well, but, Steve, for you and your employees at SSC have been great to work with. There are times when we have ideas, you have ideas, and we just do it and we don't get those -- we don't even put Meridian Gity Council March 7, 2012 Page 25 of 55 those in writing, because we know it's going to happen and that's been great and, like I said, we don't want to -- we can't stand between you and a business transaction, but we want to make sure what our residents are going to receive is quality service and we are glad to see that Republic has a good reputation out there in providing service in the valley already and we are excited about the other opportunities that you're looking at and moving forward with out there and bringing jobs to our community with some activity in recycling, so it's just -- it's bitter sweet, I guess, is the ward I'm looking for. So, we really enjoyed working with you. I know I have and the things that you have done far this community, sa -- Sedlacek: Well, Madam Mayor, Members of the Council and Councilman Hoaglun, this isn't my obituary. I mean I'm going to be around and working and, you know -- De Weerd: Well, most people don't even get to hear that, Steve, so -- Well, I appreciate your support, you know, Sanitary Service has been in the city since 1948, right after World War II and, you know, it has had multiple owners and we have had changes and now those changes were necessary and they improved things. It -- think -- I hope that those changes made things better and I think this will also,. You know, you have to -- we have to figure out a way to grow and provide things that cost a lot of capital, you know, our business is different than it used to be and it's a highly capital intensive business, it's a utility, and so haw you keep that personal touch, but bring in all the horsepower of a larger firm and that's -- I think that's what this does and I think the citizens will be well served by this. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a little add on to Councilman Hoaglun. You know, Steve, I think the biggest thing that I can say about you guys is you give -- you give so much back to the community. I mean you came to us with ideas that -- that -- that we had no way of knowing about or anything and gave back out of your profits to the community and I -- I believe Republic has probably got that same reputation, but I can't thank you and your staff enough for everything you have done and given to this community. Sedlacek: Thanks. Bird: I appreciate it. De Weerd: Well. Councilman Rountree. I believe this was discussed at SWAC and -- Rountree: Yes, it was, Madam Mayor. SWAC was -- they expressed the same thing that we all expressed when we first heard about it, the loss of the relationship between SSC and the community and Steve in particular, we have kind of grown together and I second what Councilman Bird said about the generosity of their company and their Meridian Gity Council March 7, 2012 Page 26 of 55 employees. They are at every function within the city, they donate their time, they donate their services, they pump back tens of thousands of dollars in recycle funds into the community, which is just unheard of and it's my understanding that relationship will continue, which, actually, raises a question I had with the material we have before us, but I guess we can do that with the next item. But we have heard what's going to go on, we have seen what's going to go on, I think it's going to be great for the region that we have a facility like this in the region that can minimize the amount of stuff we stick in the ground and recycle that material that can be reused in a facility that's a commercial facility that's designed to da it. Zaremba: Madam Mayor, I wish to add my appreciation as well. You know, it's part of our growing pains as a city and as businesses that things da change as the horizon gets bigger and bigger and I can see that there is some very fine opportunities in this for everybody, for you, far Republic, for our citizens and it's a pleasant and painful next step, but the opportunity to increase the service, to have a recycling center right here so that we have cut down on trucks going hundreds of miles to get that service done. It improves our transportation, it improves our air quality again, it does all sorts of good things not to have to go somewhere else and to actually have people coming here. So, I see it as a wonderful opportunity, I'm glad you're still personally going to be involved in it and appreciate you being here. Sedlacek: Thank you. And Madam Mayor, Members of the Council, it is -- you can't stand in the way of those good things, you know, you have to -- you have to at some paint say, yes, we do need to have that and so the consequences sometimes you have to do things you don't want to do, so -- that's okay. De Weerd: Well, I would I guess agree with everything that's been said and I know this -- this transfer of ownership is a little bit different than it was when it was last transferred, because things are very positive, a positive relationship and, Steve, I know you have looked for -- in the best interest of your employees and the future of this service that you have committed to over the last number of years to our citizens, it's been exemplary, you have made sure that many of our citizens will not even notice the transfer of ownership, because they will still have the same personnel, the same trucks -- eventually it might turn into a blue one -- eventually. Disgusting. Bird: Nothing wrong with that. De Weerd: But I appreciate as Republic has looked at the relationship that SSC has had with the City of Meridian that you see what we value and the relationship we have with this company. They are more than just a contractor, they are part of our city family and we appreciate that. They take the same pride in ownership that our employees take in providing quality care to our customers and we expect that to continue to happen under this new partnership. So, I know, Steve, you didn't go into this taking it lightly. I'm glad that you will continue to be involved in and we will continue to have an excellent working relationship with you. Meridian Gity Council March 7, 2012 Page 27 of 55 Sedlacek: Thank you. I think that's true. We will have a great relationship still. De Weerd: Okay. Anything further on this item? Sedlacek: Any questions for Republic? De Weerd: Republic -- would you like to make any comment? Thank you far being here. Fisher: Mayor and Members of Council, my name is Dave Fisher and I'm the general manager for Republic Services in Idaho and, you know, as I have told Steve and his folks that work with him, we don't buy bad companies and we were really looking for a great partnership between two great companies to come together to really enhance this community and we are -- so, we are very very excited about this. A little bit about my background. I was born in Boise, went to Boise State University, left the area far a few years out of school. I came back in the mid '80s, moved to Meridian, and went to work for BFI, the blue guys in Boise, Nampa, and Caldwell. I worked here for nine years and, then, went to work for Allied Waste in Arizona and sold our home here in Meridian and, then, I worked in Nevada, Arizona, some in California and Utah before moving back here when Allied Waste actually became BFI. So, I'm very excited to be back in Meridian. Family goes back a long ways here on both me and my wife's side and I'm excited to be able to service the citizens here and I have a personal vision of what I want to see in our valley and several years ago when we were being -- looking down the gun barrel of five dollar a gallon diesel fuel we decided to go out and make a change and since, then, we have been able to bring natural gas trucks into the valley and we are -- and that fuel is available to the public, too. Actually, Valley Ride is using it and we are selling it to Valley Ride over in the Nampa location as a way that they can afford to even run buses in Nampa and Caldwell. So, we are excited to work with the people in the community. The next thing after that is really looked at how da we move from low teens to over 40 percent recycling. That's my personal goal and kind of my challenge that I gave to my team a couple of years aga and what we found was that we didn't have the facilities to be able to do that. We couldn't really get more people to just participate, we have to dive into the waste stream and mine it out before it goes to the landfill and Steve had that same visian and -- but we both realized that it was going to take, you know, just about everything we had here in the valley to be able to do this, because you gat to have economies of scale, so that's where this discussion started and I couldn't be happier with the outcome. I'm excited to be able to work with Steve and everything that we thought was good about the company, that we thought, you know, being your neighbor, we are finding is true. So, we are really excited to be involved and I'll stand far any questions if you have any. De Weerd: Well, Dave, I think that kind of goes above and beyond to make sure that whoever is picking up your garbage you go ahead and buy it. I will say that your COO had mentioned that you do vehicle wraps, so perhaps instead of blue vehicles when you have to transfer in you just vehicle wrap them, rather than blue ones. Still we will Meridian Gity Council March 7, 2012 Page 28 of 55 -- anyway, this Mayor will go kicking and screaming to make sure that we keep that Meridian identity, which we kind of enjoy here. Fisher: Absolutely. We'd love to do that. De Weerd: And as you talk about diving in, I'm not sure if that's really the right term to talk about diving -- Zaremba: Quite an image. De Weerd: I know. Uh. But it's always been a goal and I think we have taken great pride that generally the Meridian community has had a higher participation in recycling and to continue to grow that and see more and more participation, making it more customer friendly and easier for our residents to participate and our businesses to participate in that recycling. That's exciting. Fisher: It is. We are really pushing forward in one community here in the valley this summer -- by the end of this summer every business in that city will be recycling and that's -- we want to bring that same thoughts and work that out here in Meridian, too. So, we are adding 4,000 commercial recycling customers this summer and we will be in here talking to you about how do we do that in a way that promotes the businesses and makes them more competitive. That's --that's my purpose is I want to have a very very competitive valley that draws people away from Portland and Seattle, they can come here, feel like the environmental issues are being handled properly, but we can be very very competitive as a community and that will help us thrive for everyone. My goal is to be able to have my great grandchildren be able to have jobs here in the valley and not have to move away, so -- De Weerd: Well -- and by doing this you are adding jabs and those will be value added and certainly where you can reduce a company's bottom line expense in accomplishing that, that's -- that's fantastic as well. Counsel, any comments? Any questions for Dave? Just, Madam Mayor, real quick. Dave, glad that you guys are coming on board. As you can tell from comments by Mayor and Council you have big shoes to fill. Fisher: I see that. Size 12. Hoaglun: But as heard -- size 12. Water skis. Wow. It's about the relationship and the partnership. It's more than just a contract and that's what we have enjoyed with Steve and, you know, from talking to people who you service, it sounds like you guys do a good jab with that as well. It is a partnership. So, we look forward to working with you in the years ahead the ideas that you bring to the table and everything else that -- and with the activity that Steve is going to be doing, we think there is -- it is exciting. Very exciting. So, thank you. Fisher: Thank you. Meridian Gity Council March 7, 2012 Page 29 of 55 C. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services De Weerd: Thank you. Okay. We will move to Item C, which is Resolution 12-844. Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a question on the resolution. It refers to Exhibit A and one of the things we have had in the discussion in the transfer is that there be a -- some kind of a memorial of those things that SSC does that's not included in the -- in the agreement that will be carried forward and I can't find it in my packet. Holman: Madam Mayor? De Weerd: Yes. Holman: Madam Mayor, Council Members, Councilman Rountree, I have it in my packet. Somehow we didn't scan it in, sa that was an error on the clerk's part. Would you like me to go make copies? Rountree: Yau know, I'd like to -- I don't have a problem doing the resolution and we can make a motion that upon review of that it's passed, but I'd like to see it to make sure we haven't missed something. Bird: Yeah. Holman: Want me to make -- I can make copies real quick. De Weerd: Okay. Council, shall I move to the next item and we will just come back to this. Rountree: Yeah. That would be great. D. Public Hearing: TEC 12-Q02 Centrepointe Subdivision No. 2 (North) by Blue Marlin Investments, LLC Located West Side of N. Eagle Raad, Approximately 114 Mile North of E. Ustick Road Request: Two Year (2} Time Extension on the Preliminary Plat De Weerd: Okay. Item D is a public hearing on TEC 12-002. I will open the public hearing with staff comments. Meridian Gity Council March 7, 2012 Page 30 of 55 Parsons: Thank you, Madam Mayor, Members of the Council. Before you this evening is a time extension far two years. This project is Centrepointe No. 2. In fact, this was before you in 2006. The site consists of 18.7 acres and the plat is approximately -- is 14 building lots. If approved tonight this extension would extend that plat until February 27th, 2014. Back in November Council did approve some new surety requirements that were made part of the UDC that this project was not required to comply with back in the day and since this is a time extension and Council has the authority to grant additional conditions with the time extension, staff has included those two new provisions in the time extension request. The applicant has received those changes. He's in agreement with that. And so before you this evening staff has no knowledge of any outstanding issues before you and with that I would be open to any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Does the applicant have any comment? Good evening. Seal: Madam Mayor, Members of the Cauncil, Jonathan Seal, W.H. Moore Company, 1940 Bonito. Meridian. De Weerd: Thank you. Seal: I have no comments. I think as Bill said we are just asking far an extension, because I think as we are all aware, the economy hasn't exactly been real favorable and I think with that, unless you have any questions, just ask you to approve it. De Weerd: Any questions? Bird: I have none. Rountree: I have none. Seal: Okay. Thank you very much. Bird: Madam Mayor? De Weerd: This is a public hearing. Is there anyone who would like to provide testimony an this item? Okay. Mr. Bird. Bird: Madam Mayor, I move we close the public hearing on TEC 12-002. Rountree: Second. Meridian Gity Council March 7, 2012 Page 31 of 55 De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 12-002. Rountree: Second. De Weerd: I have a motion and a second to approve TEC 12-002 allowing far the time extension. I will call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: RZ 11-007 Accolade Apartments by Gramercy, LLC Located South of E. overland Road and West of S. Bonita Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Rezone of 12.29 Acres of Land from an R-15 (Medium High-Density Residential}, a TN-C (Traditional Neighborhood Commercial} and a C-G (General Retail and Service Commercial} Zane to an R-40 (High- Density Residential} Zone Approved F. Public Hearing: PP 11-014 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Preliminary Plat Approval of Two {2} Residential Lots and Two (2} Common Lots on 17.12 Acres in an Existing R-15 and Proposed R-40 Zoning Districts Approved G. Public Hearing: CUP 11-010 Accolade Apartments by Gramercy, LLC Located South of E. overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Conditional Use Permit for 264 Multi-Family Dwelling Units on Approximately 11.53 Acres in a Proposed R-0~0 Zoning District Approved Meridian Gity Council March 7, 2012 Page 32 of 55 H. Public Hearing: MDA 11-013 Accolade Apartments by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Excluding the Property AND Creating a new Development Agreement for the Proposed Accolade Apartments De Weerd: We will go ahead and move to the next items on our agenda, Item 10-E, F, G and H and we will open the public hearings on RZ 11-007, PP 11-014, CUP 11-010 and MDA 11-013. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor. As you stated the applications before you this evening is a rezone, a preliminary plat, a Conditional Use Permit and a development agreement modification to develop a 264 unit family development. The subject site is located south of Overland Road, west of South Bonito Way and it's located between East Blue Horizon Drive and the Ridenbaugh Canal. Current zoning on the property three commercial lots are zoned C-G. There is a small portion zoned TN-R and the remainder is zoned R-15. Here is an aerial of the site. It currently sits vacant. Surrounding this property is commercial to the north and to the east and, then, also a small portion along the northwest corner and, then, along the west boundary we have an existing 48 family -- multi-family -- 48 unit multi-family development and to the south will be vacant lot and, then, Thousand Springs Subdivision and, then, there is also three -- excuse me -- 14 single family detached homes that are constructed along the southeast corner that I have highlighted here. Here is the original concept plan that was presented to you back in 2006. The vision for this property did include multi-family development and the location far that multi-family development was in the four corners of the project and also centrally located. At the time that the applicant presented this to you it wasn't clear on the amount of density that was going to be proposed there or the number of units planned far that multi-family development. So, with that the applicant has come back before you this evening, going ahead moving forward and planning to rezone a portion of the property, which is approximately 12.29 acres and that's the larger lot here that you see that's on the plat and a five acre lot here will remain zoned R-15. Both of these lots do conform to the dimensional standards of the R-40 zone and the R-15 zone. Here is the site plan the applicant is proposing this evening. It contains 12 three story multi-family buildings. The product mix would be two four-plexes and the rest will be ten eight-plexes. Again, the density for this project is 23.6 units to the acre. With the requested R-4 zoning that they are requesting this evening, this is far below what's allowed and also I would mention to Council that these structures will not exceed 30 feet in height. So, as part of the DA provision before you this evening this density and that height restriction is tied to the proposed DA provisions that we will be discussing later in the presentation. Amenities far this site include a swimming pool, two tot lots, walking paths, rec facility and also a sitting pergola area. I would point out to Council that the development of this site will be done in two phases. The applicants are proposing to break it into a north phase and a southern phase and that line goes right through this parking area here, so six buildings Meridian Gity Council March 7, 2012 Page 33 of 55 are planned to be constructed with phase one and six buildings will be constructed with phase two. I would mention to Council that the proposed multi-family development does comply with the multi-family standards contained in the Unified Development Cade. I would also let Council know that the applicant -- given the concerns from the neighbor, the applicant is proposing access to come from East Blue Horizon Drive, so the majority -- or all of the traffic is planned from that street that connects to the commercial portion here. Nothing should be entering ar exiting the single family portion of Gramercy Na. 1. The applicant did that intentionally to address some of the neighbor's concerns. The applicant has also -- if I can move to the landscape plan, the applicant's also providing sufficient open space and amenities consistent with the UDC and particularly -- in particular two concerns with the neighbors the applicant has provided a denser buffer along the southern boundary and also the southwest boundary and those were commitments that they provided to the neighbors when they were working through the planning process in the neighborhood meetings. I'd also move to these elevations. It is a contemporary style, sa there will be a mix of building materials, looking a corrugated metal, stucco and hardy board siding and also the clubhouse and the proposed garages will also be designed and built with the same construction materials and, then, here is the rendering far the clubhouse. Again, you can see that there is a mix of materials an that as well. And in moving forward, because this project does differ substantially from the previous concept plan I just showed you, the applicant is proposing to modify that DA and these are the provisions that I am presenting to you tonight that basically ties them to their density and their amenities. The application substantially complies with the elevations and the landscape plan before you this evening. Maximum building height is at 35 feet and that number is consistent with other residential zones, like the R-2, the R-4 and the R-8 zones. Also one concern and same things that have came to staffs attention with these multi-family products -- or projects is what's happening is the different property managing companies operating each different unit, so what's happening is one -- one building may be subject to some different requirements than the other. Sa, with this DA provision we wanted to make it clear to the applicant that if you actually sell these buildings we want it understood that it's one property management company that runs the whole development, not separate entities. Sa, that's what we have done there. Also because the garage spaces are part of the required parking for the development we wanted to make sure that folks aren't storing boats ar any other miscellaneous items on the site. It is meant for the vehicle storage for the tenants and the residents. Also given the concerns from the neighbors, if they wanted to limit the traffic through the subdivision, staff has conditioned the applicant ar DA provision here to have them provide connectivity through the multi-family site, sa with the final plat an the property they will have to submit a private street application and at that point staff will be looking far an easement depicted on the plat showing connectivity to that five acre parcel and, then, also hearing the concerns from the neighbor we are proposing a DA provision that that landscape -- the perimeter landscaping be installed with phase one and it be installed as presented to you this evening with the denser landscaping happening at the southern and southern mast boundaries. Planning and Zoning Commission did recommend approval of the project with na modifications at their February 2nd hearing. There were a number of folks that testified in apposition, bath in writing and verbally. Meridian Gity Council March 7, 2012 Page 34 of 55 Mast of those concerns dealt with traffic density, increased crime, lighting, denser landscaping, increased fact traffic through their surrounding neighborhoods and, of course, many folks wanted the applicant to design it in accordance with the original concept plan. The Commission took that under advisement. What they saw and what staff presented to them seemed to fit and addressed the neighbors' concerns. So, again, the Commission did forward this recommendation onto you without any modifications to the DA provisions ar conditions of approval. Key items of discussion by the Commission were really nothing too significant. Again, no changes were made by Commission. Staff has not received any additional testimony since the Planning and Zoning Commission hearing and to staffs knowledge there aren't any outstanding issues before you this evening and with that I'd be happy to answer any questions you may have. De Weerd: Thank you, Bill. Any questions from Council at this point? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Bill, under Item G it talks about a wrought iron fencing that's on the southern boundary. Is there not a fence there now far those single family homes or -- Parsons: Madam Mayor, President Hoaglun, the concession to the adjacent neighbors in Thousand Springs would be that the application would construct a wrought iron fence along the southern boundary and the southern most boundary, not along the entire project boundary. Sa, right now, na, it's a vacant dirt mound on the property. There is nothing there yet. Hoaglun: And it was the residents' request to have wrought iron, as opposed to a solid -- solid fence. Parsons: Ta my knowledge that is correct. Hoaglun: okay. Thank you. De Weerd: Bill, is that up against the canal? Parsons: Madam Mayor, Councilmen, no, it does nat. The application --the applicant has worked with the neighbors to shift the whole project farther north, sa it's more surrounded by the -- a canal ar the commercial property, sa if I can just go back up to the aerial here. So, basically, what I have highlighted on this aerial shows where the multi-family development will be located and this at some point may be a nursing care facility, but it's yet to be determined. It will remain R-15. De Weerd: okay. Thank you. Meridian Gity Council March 7, 2012 Page 35 of 55 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Every time somebody has a maximum height I have to ask the same question, because I either forget or I don't understand. Maximum height doesn't necessarily mean that there will be na -- there will be nothing higher than that. If it were peaked roofs it's measured from someplace other than the peak or these don't appear to be peaked roofs, but remind me again how maximum height is measured and what can end up above that. Parsons: Madam Mayor, Councilman Zaremba, you're correct, if it has a pitched roof the way the Unified Development Code reads it's -- basically you measure from the ground to mid point of the roof and that's your height and that's how it's defined in the building code. Far these particular -- this contemporary style there really won't be any pitched roof, it's -- it's a flat roof, so, basically, it's measured to that parapet or whatever that roof line is for that structure. So, the drawings that I received from the applicant it did -- it's a little over 30 feet. So, it's right in there. So, we figured given 30 feet -- 35 feet, a little wiggle room there consistent with the other zones and they can fall within that. And I would point -- like to mention to Council that the scale of these buildings is similar to what's constructed out there with the 48 unit multi-family development as far as scale and height, because that is a pitched roof and I think that's sitting 33 -- 32, 33 feet. Sa, it's pretty consistent. Zaremba: Sorry, I will probably ask that question again the next time, but I understand it at the moment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, when you went through the DA changes, the Item A change, I thought when you gave us the description you said there would be two tot lots, but this only refers to a tot lot. Parsons: Yeah. I had it worded as a playground and a tot lot. So, one will be for -- one area will be for larger kids and the little play area will probably be for the smaller children. Rountree: All right. Item E. You used the vehicle parking. What -- what do you mean by vehicle? Personal automobile? Parsons: Councilman Rountree, that is correct. Rountree: A boat's a vehicle. Meridian Gity Council March 7, 2012 Page 36 of 55 Parsons: Correct. We can tweak that language if you want to say automobile. Rountree: If that's your intent, then, let's say it. Parsons: It is for automobile -- automobile parking, yes. Rountree: Okay. De Weerd: Okay. Anything further from Council? Bird: I have none. Rountree: Not at the moment. De Weerd: Would the applicant like to make comment? Good evening. Thornton: Madam Mayor, Members of Council, my name is Robert Thornton, at 220 North 10th Street in Boise, Idaho. I'm with Carver Thornton Young Architects. De Weerd: Thank you. Thornton: I guess we'd like to add one or two points to what Bill has already painted out. The clubhouse is going to be a part of phase one, the northerly portion of the development and the vast majority of site amenities will be in place during phase one, as well as all of the perimeter plantings that go down the east and west sides of the property and across the southern property line. We are in agreement with all the staff facts and findings and requirements of staff. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You have stated that a vast majority of the amenities will be in phase one. What does that mean? Thornton: The tat lot, the gazebo, and that clubhouse will be all in phase one. The playground to other side of the street to the south is a part of phase two. Rountree: Swimming pool. Thornton: Swimming pool is apart of phase one. Meridian Gity Council March 7, 2012 Page 37 of 55 Rountree: Okay. Thank you. De Weerd: Okay. Anything further? Thornton: Thank you. De Weerd: I did have two people signed up. When I read your name if you would like to came forward and provide testimony I invite you to do so at that time. Gloria Fern signed up as neutral. Please came forward. Welcome. If you will, please, state your name and address for the record. Fern: Sure. Gloria Fern. 266Q East Green Canyon Drive in Meridian and I live in Thousand Springs. De Weerd: Thank you. Fern: Thank you. Madam Mayor and Members of the Council, I have a couple of things that I would like to address. The first thing being the landscaping. The trees an the south and the southwest side of the project, we -- I'm also talking on behalf of the Carey Barton homeowners and the Thousand Springs homeowners and we would like to ask for the -- the trees to be just deciduous trees to be three inches in caliper, instead of two inches, which is bare minimum. On the conifers we would like them to be eight feet instead of six feet, which is the bare minimum. And we would also like to see the landscaping project start on day one of the construction when phase one starts. All of the landscaping to go in. I have -- I was told at some of the previous meetings that there would be na problem with enhancing the landscaping and having bigger trees, so we would like to see those bigger trees ga in right at the start. One other issue that I would like to address is to make sure that the lighting -- the downward lighting would be subdued. I actually live directly on the -- I'm on the south side directly behind this project, so the lights are really a big issue also. So, we want to make sure that they are downward and subdued lighting. Again, I want to thank you for listening to me and all of us at both Corey Barton homeowners and Thousand Springs and I just wanted to make sure that this was on record and I also made the same request at the Planning and Zoning meeting on February 2nd Thank you. De Weerd: Okay. Thank you very much. I'm sorry, I couldn't quite read the writing anyway. Also signed up was Larry Kovarik. Kavert. And I couldn't guarantee I'd say it right Kovarik: Okay. My name is Larry Kovarik and I live at 26$6 East Green Canyon Drive. Madam Mayor and Council Members, I guess tonight was not the right night to talk about this project, because your opening discussion tonight was with HUD and how they talked about your -- the city's lack of public transportation and in need of more apartments and -- and whatever the case may be. De Weerd: We didn't plan it that way. Meridian Gity Council March 7, 2012 Page 38 of 55 Kovarik: I have a funny feeling you did, but, anyway, first of all I need to commend Bill Parsons, Greg Johnson, Taylor Merrill and Rob Thornton and Becky McKay all sitting there in the back, owner-developer, his project manager and the architects, for sitting down and discussing some of the issues that the neighbors had, those being Thousands Springs and if you call Corey Barton Homes, that's the homes -- 13 residences that are in that area. I need to say in my opinion, before I go any further forward, that I have only lived here two and a half years and I pretty much like it here in Meridian. I came from Ruidaso, New Mexico, I -- in 2009 I headed up -- I started in San Diego, went all the way up to Seattle, went over to Coeur d' Alene and started my way down through here and this is where I ended up at and I really like it here in Meridian, I like the people, I like the modernness, I like the affordability. I don't like July and August. It's too hat. And I'm not in favor of this administration's plan to increase population density for public transportation. I'm not opposed to public transportation. I graduated in 1971 with a degree engineering and minor in city planning and public transportation, urban geography, so public transportation has been part of my lifetime. I have worked for the auto industry. I am -- I am I guess adamantly opposed to increase in density by means of rubber stamping apartments in Meridian. I don't think that's the right thing to do and Ijust -- I just don't feel comfortable with it. However, knowing that this is -- this administration's agenda, their vision, three of you in November ran on your ballots and I believe the number -- the first and foremost thing on your ballot was public transportation in Meridian, when we will see it happen. I guess you're going to continue to go forward doing whatever necessary to make that happen, but I -- once again I do want to commend the folks from Gramercy for sitting down with the residents and coming to some resolution to what we want to do. Bill, I have gat a question for you. We talked earlier today about that downward lighting and being subdued and I don't see it listed here tonight. I guess I gat to ask why. De Weerd: If you will direct your questions through me. Kovarik: Okay. De Weerd: I certainly will ask Bill to address that. Kovarik: Okay. One of the issues that we were -- we had a concern with was that downward subdued lighting and I guess that we were assured that that was going to be part of the conditional use or whatever to build the project and I see it missing an the board. Secondly, we still do have a disagreement on the size of the trees. The residents of bath Corey Barton Homes and Thousand Springs would like to see three inch deciduous trees planted in the beginning, along with eight foot conifers. De Weerd: Ms. Fern had brought that up -- Kovarik: That's correct. De Weerd: -- but we will ask the applicant. Meridian Gity Council March 7, 2012 Page 39 of 55 Kovarik: And I'm just reiterating that. De Weerd: Okay. Kovarik: Other than that I -- I can't say that I'm happy about it, but (totally -- I do support what the gentlemen back here are proposing to do and, hopefully, they will be a good neighbor. Thank you. De Weerd: Thank you. Council, any questions? Okay. Rountree: I have none. Zaremba: Not really a question, but -- and maybe Bill will clarify this, but I -- I think the reason the downward lighting isn't called out separately is that it's already a part of our ordinance and they have to do that anyhow. Am I correct about that? Parsons: Madam Mayor, Members of the Council, you are correct. But there is a condition under the Conditional Use Permit in the staff report that says they will downshield it and not impact the single family residences, so it is addressed in the conditions of approval. De Weerd: Okay. And did the Planning and Zoning Commission make any specific recommendation on caliper and height of the additional landscaping? Parsons: Madam Mayor, Members of the Council, they did not. De Weerd: Okay. Well, we will ask the applicant for -- and, you know, elections are over, so I just will say you didn't see public transportation on any of my literature, I can guarantee you. But this -- this project has been approved for high density and being someone that lived in high density apartments until I was 35 I certainly am looking at some of the testimony -- take issue to those kind of people that live in apartments, because I was one of them. People, as a community, it is our responsibility to offer choices of housing and we take that responsibility very serious. This was part of the original approval -- is this was a mixed area, anyone in the Corey Barton Homes knew what was planned in this area I would imagine and you moving here two and a half years ago probably were not part of -- of the process when this first came through, so I can understand why you didn't know about it at that time. But we have a great deal of single family housing all across our community and we do need a balance and that balance does belong in areas that have better infrastructure that can accommodate future public transportation, because not everyone drives a car. So, I guess as we look at a full service community we have to understand that not everyone -- I live on almost a half an acre. I like my land and I like my yard and I like all of that, but that doesn't mean everyone does and so we do have to accommodate more than what we personally believe. So, I -- far the record I will tell you that I did not have any of that on my literature and I can't answer far the two council candidates, but I will at least address my own -- my own feeling on that. Does the applicant have any response? Meridian Gity Council March 7, 2012 Page 40 of 55 We would certainly like to hear from you on the landscaping and -- thank you. If you will just restate your name for the record. Thornton: Okay. Madam Mayor, Members of the Council, my name is Robert Thornton, I'm the architect of the development. Before I would go any further I would really like to -- to thank Larry and Gloria. Larry Kovarik and Gloria Fern for spending so much time working with us on this -- an this project. The neighbors were very concerned initially. What we had come to the neighbors and Planning and Zoning with was a development that was 400 feet further to the south than where this is now, sa it was on that five acre parcel to the south. The neighbors had a number of very real concerns and we addressed them. We were concerned as well and it made so much sense to move the development to the north where we could access to a much more public street and have the ability ta, essentially, keep all of our vehicular and pedestrian traffic away from the single family portion of the development. We did work with them on creating much higher density along the southern property line with a much higher content of conifers than is typical in the development. We are building -- ar are creating that landscape buffer and the fence buffer at phase one. So, while the trees will be, essentially at two inch nominal caliper when they ga in, by the time we do get to phase two they will be significantly larger already. Another thing that Mr. Johnson our client had pointed out to me is that we opted for a higher density of trees -- of conifers, rather than a larger scale tree. When you put in the bigger trees they are going to be a little further apart when you first plant them and the major concern that we had, particularly from the Corey Barton homeowners, was that you will be able to see under and between those trees. If we go to a larger caliper deciduous tree, the deciduous trees don't really screen as well as the conifers do, but if we do have the six foot conifers we do have them fairly close together, we are going to have the kind of density that we really need to get when they planted and by the time phase two of the development does come in they will be much taller and we may actually have to start thinning some trees at that point because of the growth of those trees. De Weerd: And when -- is it at first the building permit the landscape goes in? When does that ga in? Parsons: Madam Mayor, Members of the Council, that is correct. They would -- with their submission of their certificate of zoning compliance or their building permit we would be looking at a landscape plan that shows that whole perimeter and, then, they would not get certificate of occupancy until that was completed. De Weerd: okay. So, on occupancy, not an building permit? Parsons: That is correct. De Weerd: Okay. Hoaglun: Madam Mayor? Meridian Gity Council March 7, 2012 Page 41 of 55 De Weerd: Mr. Hoaglun. Hoaglun: Just to comment on that. Yeah. I'm concerned about if they put it in too soon -- I mean having access to water -- you don't want to have landscaping in and have it die and -- that's a big problem. I mean I want to make sure this stuff thrives and as they said grows the buffer that they want to have, because that is important to them, so -- Thornton: That's a very good paint. Yeah. It's such a -- it's a very large investment, especially for putting this much in on the phase two portion. I don't think my client really would want their landscaping materials to start dying in the next year or two after they went in. De Weerd: Kind of counter productive Thornton: Yes. Hoaglun: I would like to see it as soon as practical. I mean that's -- to get that stuff growing and providing that screen and that buffer. So, it would be a good thing. De Weerd: Any follow-up questions from Council? Okay. Okay. Thank you. Thornton: Thank you. De Weerd: Council, anything further for staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, on the graphic you have up on the screen on the southern end, mid lot, is that a point of access or is that halfway ar just what is that? Parsons: Madam Mayor, Members of the Council, that is correct. That's that cross- access that I was referencing. This will be a private street through here and it will stub there in that -- what will be the primary access for the nursing care facility if it goes in. Rountree: Thank you. Parsons: Yes. Hoaglun: Madam Mayor, Bill, I thought in my reading there was one more access that was going to be emergency access. Where is that located? If you could point that out for me. Meridian Gity Council March 7, 2012 Page 42 of 55 Parsons: Madam Mayor, Members of the Council, Council President Hoaglun, there is two ways we can work it. Right now we have a condition that they just provide a secondary access here and bollard it and leave the landscaping in and the fire department is okay. If it's your discretion to remove that certainly this connection here that we already have stubbed could serve as the -- the emergency access as well for fire department. But the applicant was willing to go here and fire and police were definitely looking far athird -- third paint of access given the close proximity to these two. Hoaglun: Okay. Thank you. De Weerd: Anything else, Council? Bird: I have none. De Weerd: Well, I would await for your direction on these items. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve -- actually, question first. De Weerd: We would need to close the public hearing after -- Rountree: We have to close the public hearing, but -- sequence items, all at once? One at a time? Baird: Madam Mayor, Council Member Rountree, you can certainly close the public hearing all at once, but my suggestion, as tedious as it may seem, to approve them one by one, because they do flow from one another. Rountree: Deny them -- one or the other. Baird: Yeah. Rountree: Okay. Madam Mayor, I move that we close the public hearings on Items E, F, G and H. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings an Items 10-E, F, G and H. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Meridian Gity Council March 7, 2012 Page 43 of 55 De Weerd: We will take 10-E. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-E, RZ 11-007, subject to staff comments and their clarification of the downward subdued lighting in the ordinance and that added to the development agreement that the size of the conifer trees to be planted in their southern boundary be a minimum of eight feet. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: He read by mind. Second. De Weerd: Okay. I have a motion and a second. Any discussion on Item 10-E? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 10-F. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-F, PP 11-014. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 10-F. Any discussion on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: 10-G. Meridian Gity Council March 7, 2012 Page 44 of 55 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Conditional Use Permit far 11-010, subject to staffs conditions and agreement from the applicant. Hoaglun: Second. De Weerd: We have a motion and a second to approve Item 10-G an CUP 11-010. Any discussion an this item? Hearing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: And the last Item 10-H. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 10-H, MDA 11-013. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 10-H. Seeing no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: We will move to Item 11-A under Department Reports and -- Bird: Wait a minute. De Weerd: Yes. C. Resolution No. 12-844: A Resolution Approving the Transfer of the Franchise Agreement to Perform Solid Waste Collection and Disposal Services from Sanitary Services Corporation, Inc. to Republic Services Meridian Gity Council March 7, 2012 Page 45 of 55 Bird: We need to go back to 11 -- or 1 Q-C. De Weerd: Oh, yeah. I'm sorry. Council, you do have in front of you on Item 10-C Resolution 12-844. Three pages that detail out what was provided in terms of service to the city. On this it doesn't include some of those extra programs in terms of the hazardous waste collection and -- not that I can see. Sa, Councilman Rountree, are you looking for more information than what we have on here? Rountree: I believe this is an extensive list, Madam Mayor, but there is two that I don't see on here that are -- I think are pretty significant. One is the recycle program and the other is the one you mentioned. And I believe that those both should be included as part of this and certainly continued. De Weerd: And I guess in looking at exhibits in addition to the hazardous waste and the recycle program, just something that makes sure that we have the prices, the programs that -- that I know SWAC had worked with SSC on in terms of the fall and spring collections, the Christmas tree pickup, some of those additional programs just make sure that they are detailed out. Baird: Madam Mayor, Members of the Council, if the intention is to approve this resolution tonight, we need to amend this exhibit to include those items. Otherwise, we will have to bring it back. There has to be specificity as to what you're approving with the resolution. De Weerd: I would suggest to bring it back -- Bird: Amen. Baird: Yeah. I'm not sure what their timeline was, but from what I'm hearing it sounds like you're looking to pin down not just specific events and bin amounts, but the existence of important programs that need to be cataloged and listed specifically. De Weerd: I think it's important to assure the continuation of those programs that they are included in this resolution. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I might add one more subject to the list and I'm not sure quite how to put it, but the role of SWAC probably is not identified in the original contract and somehow we need to understand that that's a commission that does give some direction to the city and to the contractor. Meridian Gity Council March 7, 2012 Page 46 of 55 Rountree: Oh. And I think that's a good point that they -- they have said they will continue to be an ex officio of SWAC, but it could be memorialized here that they will participate in SWAC. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm sure they will uphold it, but I'm like Councilman Rountree, I want to see it put in here. Rountree: Yeah. Bird: In the resolution. Then there is no question for either party to get confused. De Weerd: So, Mr. Baird, if we can include all of those, make sure to run it by utility billing and maybe Mollie and the environmental division, just to make sure that we have remembered everything. Baird: And, Madam Mayor, I'm also going to recommend that, you know, instead of just saying recycle program, we need to list out what that is as it exists, what's important about it to maintain. Same with the spring and the fall and the holiday collections, the number of days, the fact that it's free of charge. So, you might even -- you might bring back a second exhibit, an Exhibit B, because this -- this first exhibit is more of just a spreadsheet of special collections. So, anyway, we will work out the details, but, yeah, I have made notes and we will check with both SWAC and our Public Works Department to get the details in front of you and make sure that it's scanned into the packet. De Weerd: Okay. Thank you very much. Then we will go ahead and ask that that be put an the Council agenda next week. Bird: On the 13th De Weerd: Okay. Mr. Attorney, we don't need a motion as such? Baird: Na, it doesn't need to be a date specific, but our understanding is that you will see it on your next agenda. Item 11: Continued Department Reports A. Police Department: Budget Amendment for Idaho Transportation Department (ITD} Distracted Driving Grant far a Not-to-Exceed Amount of $14,285.00 Approved Meridian Gity Council March 7, 2012 Page 47 of 55 B. Police Department: Budget Amendment for Idaho Transportation Department (ITD) Alive at 25 Grant for aNot- to-Exceed Amount of $'17,900.00 De Weerd: Thank you. Item 10-A under the Police Department. I will -- who is taking this one? De St. Germaine: I have traffic Sergeant John Gonzales here to address any questions that you may have about the grants. De Weerd: Okay. Council, in front of you you do have a budget amendment for a not to exceed amount far distractive driving grant, as well as Alive at 25 grant, not to exceed as well. So, any questions on Items A -- 11-A or 11-B we have Sergeant Gonzales here with you to answer. You know, John, I think it would be great if you could just give an overview on what we have done to date and what -- what these will allow to move forward. Gonzales: Thank you, Mayor and Council. I thought I was going to get off easy. De Weerd: We are not in the mood tonight. Rountree: You need the practice. Gonzales: Thank you, sir. Madam Mayor and Council, talking about distracted driving, Meridian is a leader in distracted driving enforcement in Idaho, much to your credit and to the work that you have done to make this an important item for -- an important item, something of importance to our community, and based on that we haven't done anything in particular towards the distracted driving grant. That's partially why we are here. What we would be asking for is the authorization to be able to do this, so we can put officers on overtime, which is paid through this grant to be available to do the enforcement. To date -- in 2011 53 citations for distracted driving were issued, but with that something more important occurred in that because we did have an ordinance anytime there was an issue or the media was interested in an issue with distracted driving, Meridian always became the place where the media came. It allowed us to also have an open dialogue with individuals, young people as well, about the dangers of distracted driving. With all that said, Meridian, as you have seen in the last legislative session, has also played an important role in being able to provide testimony for the Senate and for the House in their consideration for a statewide statute. So, in this particular -- far distracted driving towards the grant we haven't done anything, but we do plan an being able to use these monies to be able to do the enforcement piece and have officers dedicated just to that whenever we are on that grant. De Weerd: Well -- and, Sergeant Gonzales, I think you're being very humble in this regard, but because of his involvement in some of the activities and officer training and working with our youth council, he did receive -- I thought it was some kind of a grant. Meridian Gity Council March 7, 2012 Page 48 of 55 It was certainly an award to go back to Washington DC and participate in NOYS in their conference that he brought with -- four of our youth council members that learned more about distractive driving and the role that they can play in finding answers to have safer roads. Certainly Officer Gonzales has been a model and, yes, a sought after voice at the legislature in trying to bring this to the state level what we have been able to do at the local level and you need to be commended for it. Gonzales: Thank you. For -- I appreciate that, Mayor. I don't know if we want to move onto the item of Alive at 25 and what that entails. Alive at 25 is a distractive driving course that we provide for individuals between the ages of 14 to 25. It's a course that's four and a half hours long, taught by a police officer. We have four certified officers that are able to teach this program. We have taught seven classes so far, reaching out to 125 young people. We initially thought we were going to be teaching two classes per month, but our demand and our -- demand for the seats have been such that we have had to increase it to three. So, we have seen some success already with the program. Our chief gave us an initiative to look for places where we could engage with youth in a nonenforcement capacity and this certainly is an opportunity for us to talk to young people and to give an engagement -- and especially on a topic where we know that traffic crashes are the leading cause for people in this age range of 14 to 25, this is the leading cause of death is traffic crashes. So, we are hoping that with changing the attitude and behavior and making some personal decisions to be safer drivers through this program we think that we will be able to impact our young people. Through this program the Mayor did talk about the NOYS conference in Washington DC. It was under the umbrella of this program that that conference was made available to MYAC students and where I was also able to travel back to Washington DC to participate in that. In July -- June I'm going to be traveling to Orlando, Florida, as part of this as well, to be able to go to the 2012 lifesavers conference as well. So, hopefully, we can bring back same more good ideas to be able to implement here in Meridian. De Weerd: And certainly the follow-up to the NOYS conference, the four youth council members were asked to convene a youth summit that will happen in May. We are working with the folks at Wahooz and who are partnering and helping us find additional sponsors to provide for additional training in distractive driving and bullying and -- what is the third one, John? Gonzales: I'm sorry. Driving, bullying and -- as soon as we leave here I will know for sure. Rountree: You're not that old yet. Bird: I was going to say, you don't get that excuse. I do. De Weerd: But it's -- it's starting to get very exciting as far as what is underage drinking. Meridian Gity Council March 7, 2012 Page 49 of 55 Gonzales: Yes, it is. It's drug, alcohol, and underage drinking. De Weerd: Thank you. But -- any questions an either of these budget amendments, Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. I would appreciate your action on Items 11- A and B. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget item request of 11-A, not to exceed the amount of 14,285 dollars. Bird: Second. De Weerd: I have a motion and a second to approve the request an Item 11-A. Any comments? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Item 11-B. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 11-B, the budget amendment not to exceed 17,900 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll an 11-B. Rall Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian Gity Council March 7, 2012 Page 50 of 55 MOTION CARRIED: ALL AYES. C. Planning Department: Draft Five-Year Community Development Block Grant (CDBG) Consolidated Plan Strategies and Objectives De Weerd: 11-C. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council. I just had a presentation and now it's not pulling up. I submitted a memo to you as part of your packet. I wanted to touch base with you and let you know where we are at in terms of the consolidated plan, which is our next five year plan for the Community Development Block Grant program and present our initial strategies and objectives, the information that we gained from doing the research and working with BBC research and consulting, a lot of work has went into with the survey and the stakeholder interviews. I'll see if I can get this up. I don't know why it's not working. Anyway, it's pretty basic, so I will read it. The first strategy was to improve access to affordable housing opportunities to Meridian residents. I guess I'll provide this one caveat. The three strategies and the objectives under each of those are pretty consistent with our first five year plan, there is nothing too outrageous or unusual, so I think we will continue to see some of the same programs and, hopefully, same new things as we move forward in the next five years. Under that first strategy to improve access to affordable housing we have one objective, which is to address the need for affordable decent housing by supporting a downpayment assistance program for qualifying households. This has been one of our most successful programs under this grant. We have worked with the Ada County Housing Authority and Neighborhood Housing Services to provide the downpayment assistance and that was one of the things from the survey that people identified as an important priority. The second strategy is to improve the lives of Meridian residents with special needs and residents at risk of homelessness. The objectives under this plan are to support public service activities that serve the city's LMI residents and the second is to invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's low to moderate income areas. Again, projects that we have done under this type of strategy, we have made ADA improvements to our community center, we have supported different public services within our community through the Boys and Girls Club and the Meridian Food Bank and the Meridian Senior Center. A number of things have been consistent with that. The third strategy is to improve economic opportunities in the city's LMI area and the two objectives under that are to partner with the Meridian Development Corporation to identify facade improvement projects in the downtown area. We are currently in discussions -- we had -- we have a project identified in this current program year to do just that, so we are working out same of the details with MDC. So, that is another thing that showed up as a priority in working through some of this information. And the second objective under that was to fund streetscape improvements in the downtown area, which I thought had the potential to do same exciting things, probably partnering with MDC again and, hopefully, some of these things came to fruition. The reason I'm before you this Meridian Gity Council March 7, 2012 Page 51 of 55 evening -- I just wanted to give you a heads up on some of these strategies and objectives. This isn't an official presentation of our consolidated plan, I will come back to you later. I'll kind of just talk about the timeline a little bit. This coming Monday, March 12t", I have a CDBG workshop here in our main conference roam. I sent out an invitation to those that we have partnered with in the past and those who we are currently partnering with and have extended the invitation out so people can come and hear about our program, hear what's important to the city, and also to hear back from them. Mast of them have been involved in this planning process and to hear what they think about these strategies and some of our objectives. With that we have a deadline for those persons in the community that want to submit an application for funding for our next program year. The deadline for that will be April 20th and we have an internal work group that will score and rank the submitted applications and I will be back before you mid May to show you the applications that have been submitted and how they -- how they were ranked by our internal group and in mid June there will be a public hearing on our consolidated plan and the first action plan under that new consolidated plan. So, all of that happens together. I know it seems a bit much, we had talked to HUD about first doing a five year plan and, then, doing our one year action plan and they said, no, you submit it all at the same time and we are like okay. So, that's how we are proceeding. And, then, at the end of July when we are looking for formal adoption of the new five year plan and that first action plan, which will start October 1 of this year and that seems like a really long ways away as we are sitting here in March, sa -- so that's kind of where we are at. I would encourage you if you're interested to feel free to come to the workshop on Monday at 10:0 a.m. in Conference Roam A. So, I would be happy to answer any questions that you might have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: None. Den Hartag: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: Just aquestion -- one question. Lori, same of these programs that we have had in the past that we continue have not been utilized to much extent. One in particular is streetscape. Has there been any interest expressed in that in the most recent program? Den Hartog: There has been same. We -- the first -- the first one that we funded under the streetscape kind of started before me. It was funding the design for the lighting and it -- well, that's kind of how it came down. I think it started in terms of -- I think we were looking -- they were looking at, you know, same of the benches and Meridian Gity Council March 7, 2012 Page 52 of 55 same of the bike racks and things like that. It kind of got whittled down to the lighting for that split corridor and the way that that has turned out with MDC is that the grant has funded the design, which is -- which is almost complete just for the street lighting and MDC has to pay for the construction of the lighting itself. So, I'm hoping to see some different things, not just lighting, in coordination with MDC that we can move forward and, hopefully, not have some of these that seem to get drug out for a longer period of time. I think one of the things that's really important to bring forward and that's one of the things we are seeing from HUD is to have very actionable things that we can do each year and maybe even over a two year period, but as you well know HUD has been getting a lot of pressure from Congress, they have had an internal audit of their own for projects that have been open and not completed and so I think that's -- it's one of my -- it's one of my focuses an the program is to make sure that when we prioritize and select projects each year that they actually can be accomplished, can be completed, can be closed and I think that's really important to moving forward. Rountree: Terrific. Thank you. Den Hartog: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I better turn my mike on. Just a general question and I guess this is brought about by being a little bit leery of the federal government and how once they get the foot in the door and you accept a dollar from them, then, it starts casting you more than what you're making. As we develop this impediment action plan, which I'm in favor of, I think we need more affordable housing and more balance of choices. But if we allow the federal government to make the decisions on that -- I guess my question is when you bring forward the action plan are we identifying -- are we able to identify what the costs of that action plan will be and, then, my second question will be can we pay for it -- and the one thing that comes to mind that rings a bell is -- one of the suggestions that was already made is that the city get involved in the relationship between landlords and tenants. I'm not real thrilled on that. I could be sold on it if I thought there was going to be enough benefit, but that would also cost us something to do and I guess my question is if there are going to be additional costs to the action plan, can we pay those out of the black grant ar do we have to come up with separate money to do that. Is that a question that makes sense? Den Hartog: Madam Mayor, Councilman Zaremba, it makes perfect sense and I think it's avery -- very valid question. I had some of the same concerns myself moving forward. The items that we discussed earlier with the fair housing action plan, the CDBG administrative funds can be for our fair housing activities. One of the things that we were looking at very specific activities to defer that action plan. I was looking for some things that could be done at low cast or potentially in conjunction with what some of the other cities are doing. For example, she mentioned that fair housing Meridian Gity Council March 7, 2012 Page 53 of 55 campaign. That was a very goad campaign that the city of Boise put forward and offered to us to be a co-sponsor far 250 dollars. They put in -- they did all the billboards, they did all the radio ads and we had our name put on as a ca-sponsor and that 250 was paid far out of the -- out of the administrative funds from the grant. So, when I bring forward the action plan with those specific items I can work out an estimate on the cost for that and make sure that we can cover it through our administrative funds in the grant. I think that's important moving forward and I think it's an absolutely valid concern knowing how the federal government operates. I think it's a very valid concern. And one other thing I just might mention. The last time I was before you back in December I think I had talked to you about potential of this next year being cut back and mystery of all mysteries, we got our estimate and it increases the following year. So, this year our allocation is 230,000 dollars. Next year they are estimating it at 256. Sa, I guess you just never know. It was sort of valley wide. Nampa and Meridian's entitlement increased and everybody else's decreased -- ar statewide. Excuse me. Decreased. And that was a slight shift in how they used the American Community Survey, which I think is probably what impacted the formula. So, it's hard to say. Zaremba: Great. Thank you, Lori. De Weerd: Anything further from Council? Bird: I have nothing, Mayor. De Weerd: Okay. Thank you, Lori. When did you come back? Den Hartog: About two weeks ago. It's been a little hit and miss. I'm in the office about two days a week, sa -- De Weerd: Well, welcome back. You don't have bags under your eyes or -- Den Hartog: No. She's doing really well. I will show you a picture afterwards. De Weerd: Okay. Zaremba: Welcome back. Den Hartog: Thank you. Item 12: Future Meeting Topics De Weerd: Okay. Council, we are at Item Na. 12, Future Meeting Topics. Is there anything to consider to put on future agendas? Rountree: Madam Mayor? Meridian Gity Council March 7, 2012 Page 54 of 55 De Weerd: Mr. Rountree. Rountree: With Mr. Siddoway out there in the audience, maybe just a quick update on what's going on with Kleiner Park would be of interest, particularly are things getting done? And maybe we could even schedule a field trip to see the status. It looks like a lot of stuffs been completed or near complete, either for five or ten minutes this evening or at our next workshop. Steven's here. He hopefully knows. Siddoway: Thank you, Madam Mayor, Councilman Rountree, Members of the Council. De Weerd: I guess, Councilman Rountree, our esteemed city attorney is saying because we don't have it pasted that we can post it for next week. Rountree: I kind of figured lawyers would be involved. Baird: Madam Mayor, Council Member Rountree, it's a slippery slope and we want to hold the line, so that when citizens come before us and want to get a word in edgewise, that it's our policy that we set the item for the next agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I -- for once I have to agree with the lawyer. I think it should be publicized, because there is a lot of people -- there is a lot of the public that want to hear, too. They are all interested in when we are going to get that beautiful park up and going and stuff. So, the workshop next week, what a perfect time. De Weerd: And, you know, I hate to agree with the attorney, so I won't, but -- so, we will put you on, Steve, next week and ask for an update, so that people can tune in and see what's going on. Okay. Any further topics? Rountree: And, Madam Mayor, you mentioned one earlier about the -- taking a look at same of our ordinances as it relates to some of the issues we talked about with the first action item. Let's not lose that and don't have a date certain and certainly not next workshop, but something we need to take a look at in the future. De Weerd: Thank you. We will. We will do that. Okay. If there is nothing further, Council, I would entertain a motion to close. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council March 7, 2012 Page 55 of 55 MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~ MAYOR Y DE WEERD ATTEST: 3 iii aof a. DATE APPROVED