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HomeMy WebLinkAbout2012-06-05~~E IDIAN:--- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, June 05, 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 Larry Woodward with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of May 16, 2012 City Council Special Workshop Meeting B. Approve Minutes of May 22, 2012 City Council Regular Meeting C. Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway on July 21, 2012 for a Not-to-Exceed Amount of $1,500.00 D. Professional Services Agreement with High Street Entertainment, LLC for Musical Talent for Concerts on Broadway on June 16, 2012 for aNot-to-Exceed Amount of $2,600.00 E. Approval of Award of Bid and Agreement for "Chemical Feed Building -Construction" to Irminger Construction for the Not- To-Exceed Amount of $524,657.00 F. Approval of Award of Bid and Authorization to Issue and Sign Purchase Orders for "RAS Reconfiguration Equipment" to Multiple Vendors for the Following Equipment: Wesco - $82,328.00 (Switchboard) Meridian City Council Meeting Agenda -Tuesday, June 05, 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. Utility Management - $28,816.00 (Submersible Mixers) Pacific Equipment - $163,200.00 (Vertical Turbine Pumps) G. Approval of a Water & Sewer Easement for Zebulon Heights Subdivision #5 H. Approval of a Multi-Use Pedestrian Pathway Easement for Zebulon Heights Subdivision No. 5 Approval of Agreement for "Radio Path Design" to Brown & Caldwell for the Not-To-Exceed Amount of $62,279.00 6. J. Modified Development Agreement for Approval: MDA 11-002 McNelis Subdivision by Ten Mile Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick Road Request: Modify the Existing Development Agreement to Reflect the Proposed Rezone; Modify uses Allowed on the Site Consistent with the Unified Development Code (UDC) for the Respective Zone Except for those Specifically Prohibited in the Agreement; Update the Owner Information; and Remove the Requirement for Conditional Use Permit Approval of uses on Lots that Abut Ustick Road, Ten Mile Road and/or the Nine Mile Creek K. Final Order for Approval: CenterCal by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Final Plat Consisting of 15 Building Lots on 80.1 Acres of Land in a C-G Zoning District L. Findings of Fact and Conclusions of Law for Approval: SHP 12-002 Renewal Place by Meridian Development Corporation Located at North Side of E. Broadway Avenue, Between N. Meridian Road and N. Main Street Request: Short Plat Approval Consisting of Three (3) Buildable Lots on 1.22 Acres in an O-T Zoning District Community Items/Presentations A. City Scholarships Presentation Moved to June 12, 2012 B. Recognition of Historian Lila Hill, Recipient of the 2012 Award of Merit for Individual Achievement from the American Association for State and Local History (AASLH) (Page 4-7) 7. Items Moved From Consent Agenda None Meridian City Council Meeting Agenda -Tuesday, June 05, 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. 8. Action Items A. Request for a Development Application Fee Waiver by Nunzio Sgroi Approved (Pages 7-8) B. FP 12-009 Spurwing Greens No. 2 by Lion Land LLC Located a Quarter Mile North of Chinden Boulevard; East of N. Jayker Way Request: Final Plat Consisting of 24 Residential Building Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning District Approved (Pages 8-9) C. Continued from May 22, 2012 Public Hearing: AP 12-002 by Joe Palmer Located 1524 N. Meridian Road Request: City Council's Review of the Director's Denial of a Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located in a Retail Store Approved with Conditions (Pgs. 9-28) D. Public Hearing: AZ 12-001 Ustick LDS Stake Center by Church of Jesus Christ of Latter-day Saints Located at 3775 E. Ustick Road Request: Annexation of 7.67 Acres of Land from RUT (Ada County) to the R-8 (Medium Density Residential) Zoning District Approved (Pages 28-31) 9. Department Reports A. Police Department: Budget Amendment for Lobby Floor Tile Work Not to Exceed $40,000.00 Approved (Pages 31-33) B. Police Department: Budget Amendment for Ventilation Repair for aNot-to-Exceed Amount of $30,000.00 Approved (Pages 33-34) 10. Ordinances A. Ordinance No. 12-1515: An Ordinance of the Mayor and City Council rezoning of property situated in Section 22, Township 4 North, Range 1 West, Meridian, Idaho known as the Tree Farm (MI-07-004) to R-2 (Low Density Residential District), R-8 (Medium Density Residential District), R-15 (High Density Residential District), C-C (Community District), and C-N (Neighborhood Business District) in the Meridian City Code Approved (Page 35) 11. Future Meeting Topics None Meridian City Council Meeting Agenda -Tuesday, June 05, 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. 12. Amended onto Agenda -Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code Into Executive Session at 8:45 p.m. Out of Executive Session at 9:44 p.m. Adjourned at 9:44 p.m. Meridian City Council Meeting Agenda -Tuesday, June 05, 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 June 5, 2012 A meeting of the Meridian City Council was called to order at 7:05 p.m., Tuesday, June 5, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bruce Chatterson, Bill Parsons, Jeff Lavey, John Overton, Parry Palmer, Clint Dolsby, 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: Thank you for your patience. I will go ahead and get tonight's meeting, the regular scheduled meeting, for the City Council in order. For the record it is Tuesday, June 5th. It's five minutes after 7:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our pledge to the flag. If you will all stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodward with Ten Mile Christian Church De Weerd: Item No. 3 is our invocation. Tonight we will be led by Larry Woodard with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining, Larry. Woodard: Good to be here. You folks are to be complimented on the recent senior center and now the park this Friday. Things are going well. And I just wanted to quote from Proverbs 11:10-11. It says that when good people prosper the city rejoices. And through the blessings of law abiding citizens a city is exalted. I thought that might apply tonight. But just today Iread a -- a prayer given by the chaplain the day before the landing on Iwo Jima and I thought that of guys and it went like this: Oh, Lord God, you know we are going to be busy tomorrow. We may forget you, but don't you forget us. And so tonight as I pray we won't -- we will pray that he won't forget. Our dear Heavenly Father, you know, we live in one of the best cities for raising children. Our Meridian Cily Council June 5, 2012 Page 2 of 37 prayer is to bless our teachers, our schools, our churches, our police, our firemen, our EMTs and all the city workers who make this a great place to live. As our city recovers from a long economic depression we ask that you give our Mayor and City Councilmen and those who work in city government sound judgment, good health, and a renewed commitment to serve our citizens. We are a city of faith and we pray for our leaders, churches, and the many volunteer groups that make this a great city. Bless the Mayor and the City Council tonight, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you for joining us. Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to change on our schedule for this evening. Under Item 6, Community Items/Presentations, 6-A, there is a request to move that to next week, so June 12th, 2012, for that item. Under Item 10-A, the ordinance number is 12-1515, and we need to add in an Executive Session at the conclusion -- at the end of our meeting tonight and that would be under Idaho Code 67-2345(1)(d) that we would be meeting under. So, 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: Consent Agenda Approved A. Approve Minutes of May 16, 2012 City Council Special Workshop Meeting B. Approve Minutes of May 22, 2012 City Council Regular Meeting C. Professional Services Agreement with Kings of Swing for Musical Talent for Concerts on Broadway on July 21, 2012 for a Not-to-Exceed Amount of $1,500.00 D. Professional Services Agreement with High Street Entertainment, LLC for Musical Talent for Concerts on Broadway on June 16, 2012 for aNot-to-Exceed Amount of $2,600.00 Meridian Cily Council June 5, 2012 Page 3 of 37 E. Approval of Award of Bid and Agreement for "Chemical Feed Building -Construction" to Irminger Construction for the Not- To-Exceed Amount of $524,657.00 F. Approval of Award of Bid and Authorization to Issue and Sign Purchase Orders for "RAS Reconfiguration Equipment" to Multiple Vendors for the Following Equipment: Wesco - $82,328.00 (Switchboard) Utility Management - $28,816.00 (Submersible Mixers) Pacific Equipment - $163,200.00 (Vertical Turbine Pumps) G. Approval of a Water & Sewer Easement for Zebulon Heights Subdivision #5 H. Approval of a Multi-Use Pedestrian Pathway Easement for Zebulon Heights Subdivision No. 5 I. Approval of Agreement for "Radio Path Design" to Brown & Caldwell for the Not-To-Exceed Amount of $62,279.00 J. Modified Development Agreement for Approval: MDA 11-002 McNelis Subdivision by Ten Mile Center, LLC Located Northwest Corner of N. Ten Mile Road and W. Ustick Road Request: Modify the Existing Development Agreement to Reflect the Proposed Rezone; Modify uses Allowed on the Site Consistent with the Unified Development Code (UDC) for the Respective Zone Except for those Specifically Prohibited in the Agreement; Update the Owner Information; and Remove the Requirement for Conditional Use Permit Approval of uses on Lots that Abut Ustick Road, Ten Mile Road and/or the Nine Mile Creek K. Final Order for Approval: CenterCal by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Final Plat Consisting of 15 Building Lots on 80.1 Acres of Land in a C-G Zoning District L. Findings of Fact and Conclusions of Law for Approval: SHP 12-002 Renewal Place by Meridian Development Corporation Located at North Side of E. Broadway Avenue, Between N. Meridian Road and N. Main Street Request: Short Plat Approval Consisting of Three (3) Buildable Lots on 1.22 Acres in an O-T Zoning District De Weerd: Item 5 is our Consent Agenda. Meridian City Council June 5, 2012 Page 4 of 37 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No items to note on the Consent Agenda, so I move approval of the Consent Agenda and Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community ItemslPresentations A. City Scholarships Presentation De Weerd: Okay. Under Item 6, Community Presentations, we will move the city scholarships presentations to next week. Two of the three were able to come tonight, but we wanted to do them all at the same time. The fourth one will not be present until August when she gets back from her summer obligations. B. Recognition of Historian Lila Hill, Recipient of the 2012 Award of Merit for Individual Achievement from the American Association for State and Local History (AASLH) De Weerd: So, we will move 'to Item 6-B under recognition of Lila Hill and I do have some information first that I would like to read. I know that everyone up on this Council knows Lila Hill. She is our local historian and has been an integral part of our community for some time. She has lived in the Meridian area since 1954 and she has served our community every moment since she has been here. Lila is the driving force in making the history of the City of Meridian more accessible to the public and certainly has enriched our community as we have grown from a very small town to the city that we are today. She is the founding member of the Meridian Historical Society and has retained the position of director of research and served terms as president and vice- president as well. In 1986 Lila co-authored a book, They Came To Build A Community, with Reverend Glen Davidson. This book does remain one of the primary sources on the effects of the Homestead Act on Ada county and southwest Idaho. Lila read and copied the Statesman, the Capital Evening News, from 1893 to 1909 before the Meridian paper was recorded on film and this research has been compiled into before the Times and contains collated newspaper extractions and other records and is the Meridian City Council June 5, 2012 Page 5 of 37 only complete source of these early records for our area. Lila writes every week in the Valley Times, Before The Times, which is gratis and has been doing so since 1997. Lila worked with Johnson Architects on the historical and interpretive plagues that were located in -- that are located in Meridian City Plaza. These plagues do focus primarily on key history influences that help define and shape this community. The creamery, the village irrigation, the urban route -- inter-urban route and the railroad. Lila has also been instrumental in demonstrating the need for our local history center. We are not going to call it a museum, because then we need a curator, but it is a history center and it has been joined by a number of people who have exclaimed after they have had the opportunity to walk through it, what an asset it is to this building and what an amazing collection it is in depicting our history for our community. The history center maintains and enables the public to view a number of different artifacts and publications that are specific to our vibrant history. Lila offered her time and expertise in the filming of Meridian, A Walking Tour. It's a DVD production that features some of the historic structures in the downtown area. She has also insured the walking tour program was updated and documented and the brochure form, so citizens can pick up these brochures and experience that walking tour kind of self-guided. Recently Lila received the 2012 Orchid Award and that was available through Preservation Idaho and it really did help offset a previous recognition of that same organization that we will not talk about. The American Association for State and Local History bestows the leadership and history awards to establish and encourage standards of excellence in the collection, preservation, and interpretation of state and local history in order to make the past more meaningful to all Americans. This award is given to one individual annually to recognize their superior and innovative achievements. The award recipients demonstrate years of excellence in their field and serve as an inspiration to others in their field. Lila is a recipient of the 2012 award of merit for individual achievement from the American Association for State and Local History and the leadership and history award ceremony takes place in September in Salt Lake City at their annual yearly conference. But we wanted to make sure that we gave Lila recognition in the place that really matters and that is here in the community that she works long and hard and very diligently to serve. So, if you will, please, join in showing our appreciation to Lila for everything that she does for our community I would greatly appreciate it. Hill: I have something for all of you up there. The early village minutes are in handwritten form, very creatively spelled, because the man was willing, but not well educated, as were not many people in those years and so the spelling is a challenge and Rosie did her very best to make it just exactly the way it was. So, here is your printed copy of the Village minutes 1903 to 1931. De Weerd: Now, Lila, that is the shortest remark that you have ever made. You could at least tell us a little bit about the recognition you got with the Orchid Awards and, again, congratulations. Hill: The Orchid Award was very well done. Everything moved smoothly. They gave each of us in our category our certificate, but when we went in for lunch on the table they had tall crystal vases with orchid -- fake orchid stems in them and onions on the Meridian City Council June 5, 2012 Page 6 of 37 table. De Weerd: I'm glad you got the orchid and not the onion. Hill: Well, we kept the onion. You know -- De Weerd: Oh, thank you. Hill: You and I protested vehemently for what good it did, but also then this last week I discovered when I opened my computer that in 2013 I will receive from Global United Methodist Church their Ministry of Memory award from the Methodist Historical Society. You didn't talk about all the things I have done in that effort and so it's been -- once my kids left home I had time and it's been fun. De Weerd: Well, (will -- I know I speak on behalf of the City Council and everyone that resides in this community or has in the past, we appreciate the part of history that you work so diligently to keep alive and right in front of us, so we remember the roots of our past as we continue to focus on our future. So, I know this comes from your heart, Lila, we greatly appreciate all your efforts. You have been steadfast in serving as our historian. You and Frank certainly are two great stewards of our history and we appreciate everything that you do. Hill: And I see Brad's got his nose in the minutes and I hope he's noticing that they didn't read the ordinances twice, they just said we will delete the first reading and we will go right ahead and vote on it and so they got things done in very short order. But I don't think you can do that anymore. De Weerd: Probably not Hill: Thank you. De Weerd: Thank you. Rountree: Thanks, Lila De Weerd: And congratulations. Well deserved. Hoaglun: I have to say, Mayor, Lila is very -- very correct about the spelling and she did an excellent job of going word for word of what was said. It's very interesting, so -- De Weerd: I don't know much longer Dean will let you speak from the seat, but -- Hoaglun: It probably pained her not to correct some of this I'm sure, so -- De Weerd: But thank you. And I would like to recognize that our historical preservation members are here to see this recognition to our -- our chair who will be retiring soon. Meridian City Council June 5, 2012 Page 7 of 37 We appreciate your diligence in serving the HPC for many years and for all of you. All of your efforts are greatly appreciated. And Lila has already been tasked, as we look at our 150 years, we have our own community celebration to look at and to commemorate what role we have played in the state during those 150 years. So, I know Lila is already diligently assigning tasks and research, so we look forward to rolling out our community's plans for a celebration next year. So, thank you for being here. Anything else from City Council? Okay. Thank you. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Request for a Development Application Fee Waiver by Nunzio Sgroi De Weerd: So, we will go into Item 8, Action Items. Our first item up is 8-A and I will turn this over to staff at this time. Friedman: Thank you, Madam Mayor, Members of the Council. You have before you a request from Nunzio Sgroi for waiver of fees for a development agreement modification. As Council will recall, a few weeks ago Mr. Sgroi was before, you requesting an amendment to his development agreement wherein it was originally approved for an assisted living facility and he is desirous of amending that development agreement and, then, coming back through and, essentially, establishing the use of the property for single family residential. At that time the Council chose to deny that request for the development agreement modification. Mr. Sgroi -- and, subsequently, after reconsideration, that was denied -- he is intending to come back with another development -- request for development agreement modification. He provided a letter to you stating his reasons for requesting the fee waiver and he is in attendance tonight if you have any questions for him. De Weerd: Okay. Council, you have the request in front of you. Do you have questions for staff or the applicant? Rountree: Madam Mayor, I have a question for Pete. De Weerd: Okay. Rountree: Pete, given there was a previous request for development modification, can this request be tagged onto that? I know it's separate, but it was all about modifying the development agreement and trying to find out what the right combination was going to be. Friedman: Madam Mayor, Members of the Council, Council Member Rountree, given the fact that the Council voted to deny his development agreement modification request and, then, his request for reconsideration, unfortunately, it would be a new application to Meridian City Council June 5, 2012 Page 8 of 37 come back to you. A good part of that is that most of the leg work and background work is done, so it really would just be a matter of reviewing what he is proposing, kind of packaging that up, analyzing it, and getting it to you for your consideration. De Weerd: And, Pete, he has already paid it once. Friedman: He has paid it once. That's correct, Madam Mayor. De Weerd: Okay. Any other questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Any information needed from the applicant that's not contained in the letter? Rountree: Well, there is a question I would like to ask, but it's not related to this request, so -- De Weerd: Okay. Well, Jet's keep it relevant., Rountree: Madam Mayor, Iwould -- based on the letter and the activities we have had on this particular application, I believe there was some resolve here with this project, it's just that we could never strike the balance between the adjacent neighbors and the applicant. I have a sense that that's been done and I would suggest that we waive the fee --grant the request and my motion would be to grant the request of the applicant to waive the fees. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. FP 12-009 Spurwing Greens No. 2 by Lion Land LLC Located a Quarter Mile North of Chinden Boulevard; East of N. Jayker Way Request: Final Plat Consisting of 24 Residential Building Lots and Two Common Lots on 16.87 Acres in an R-2 Zoning District Meridian City Council June 5, 2012 Page 9 of 37 De Weerd: Item 8-B is on FP 12-009. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you this evening is a final plat for Spurwing Greens Subdivision No. 2. The subject property consists of 16.87 acres and is currently zoned R-2 in the city. The property is located a quarter mile north of Chinden -- West Chinden Boulevard and east of North Jakers Way. The applicant is proposing a 24 lot subdivision and two common lots. Before you here is the approved preliminary plat and I have highlighted what area or what portion of the plat that they are proposing to plat with the subsequent final plat. This is the fourth final plat for Spurwing Greens preliminary plat and, then, the gross density for this phase is 0.7 dwelling units to the acre and the average lot size is approximately 22,000 square feet. The lot size -- or the proposed open space consists of 1.725 acres. Contains mainly a 1.53 acre open space lot that you see before you right now. The applicant has been conditioned to amend the landscape plan to add the parkways and an additional common lot that isn't shown here. I have received comments from the applicant. They are in agreement with the conditions of approval in the staff report. To staff's knowledge there aren't any outstanding issues before you this evening . And with that I would be happy to answer any questions you may have. De Weerd: Okay. Thank you, Bill. Any questions for staff? Rountree: I have none. De Weerd: I see the applicant is in agreement. Do you have any comment? Okay. Council, what's your preference? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the -- Item 8-B, final plat 12-009, Spurwing Greens No. 2. Bird: Second. De Weerd: Motion and a second to approve Item 8-B on FP 12-009. If there are no comments, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Continued from May 22, 2012 Public Hearing: AP 12-002 by Joe Palmer Located 1524 N. Meridian Road Request: City Council's Meridian City Council June 5, 2012 Page 10 of 37 Review of the Director's Denial of a Certificate of Zoning Compliance Verification (CZCV 12-006) for a Residence Located in a Retail Store De Weerd: Thank you. Item 8-C is continued from May 22nd on AP 12-002. I will ask for staff comments at this time. Friedman: Thank you, Madam Mayor, Members of the Council. The request before you is a review of the director's decision to deny a certificate of zoning compliance verification for the establishment of a residence in a commercial building located in a community business or a C-C zone district. Currently, the only forms of residential that are allowed in that zoning district are multi-family or vertically integrated residential. When the city became aware of the use of a portion of Cherry's Consignment Home Furnishings at 1524 Meridian Road, they were contacted by code enforcement and encouraged to come into the city and discuss with us what appropriate actions would be, as this is a prohibited use and not allowed under the current zoning. City staff, including myself, a representative from the city attorney's office and a representative from code enforcement, met with Mr. Palmer, discussed the actions, discussed sort of the code requirements, what our code says right now and as it relates to his situation. In kind of going over the options, there were about two or three that kind of emerged. The obvious one would be to comply with the code and seek to establish a residence somewhere where it's permitted, primarily in a residential area. The second would be to do nothing and, then, allow the code enforcement process to proceed. And the third would be to seek some form of administrative relieve and as part of our discussions Mr. Palmer said that he would prefer initially to seek some form of administrative relief to this. What we said we would do would be, essentially, find the least expensive, most expeditious permit or land use permit that we could find that related to this, with the understanding that because it does not comply with the code as, one, it's a prohibited use, two, it doesn't meet the definition of either multi-family or vertically integrated residential, that it would be denied and, then, he would have the option to seek the City Council's review of that decision, which is, of course, the action that he chose and which is before you tonight. So, I have on the screen, if you need it, the definition for multi- family dwellings, as well as the vertically integrated residential projects. You will notice that the multi-family development is a conditional use in the C-C zone and that the vertically integrated residential projects are a permitted use. As this is a use in an older existing building, of course, it's much more challenging to establish either one of those, particularly the vertically integrated, which requires multiple stories. So, in my consideration of the request, of course, I look at the intent of the C-C zone, as well as the definition for the permissible residential uses in there in arriving at that was one of the basis of the denial. So, with that I would be happy to answer any questions or provide any additional information I can in guiding the Council to their decision on this. De Weerd: Council, any questions at this point? Rountree: Madam Mayor? Meridian City Council June 5, 2012 Page 11 of 37 De Weerd: Mr. Rountree Rountree: Pete, is there any discretion allowed I guess is the right word in Old Town area? I read the ordinances, but Old Town sometimes has some -- some wiggle room in it. First, I believe this site is in Old Town and -- or maybe it's not. So, I'm going a direction that I shouldn't be going, but -- Friedman: Madam Mayor, Council Members, Council Member Rountree, I would still be happy to answer your question. Rountree: Okay. Friedman: The site is not located in the Old Town. It is located in a community business, the C-C zone. Rountree: Okay Friedman: In looking at the -- in considering that and looking at Old Town, certainly Old Town does recognize additional forms of residential development, typically single family detached, you know, single family homes. Single family attached, which is effectively a duplex in form, but it has a lot line running down the common wall, so you really have two co-joined individual units. And, then, multi-family and, then, vertically integrated residential, which is commonly referred to in many other areas as we contemplated, for example, in Ten Mile, is live-work. But, again, it's contemplated that those would be sort of stacked units where the commercial endeavor is located at the street level and, then, you might have an office and residences up above -- or residences up above for that. So, typically you will find it these days in either new development or in adaptive reuse in, you know, some more of our stores downtown, Main Street towns, and, actually, it's -- some of the older suburbs are redeveloping now and some of the old malls and shopping centers are kind of being reconfigured and redesigned. So, long winded answer to your question. Rountree: Madam Mayor, a follow up to either Pete or Bruce. De Weerd: Uh-huh. Rountree: In both of those instances and the Old Town instance and this, you talk about vertical integrated. Can you explain to me the difference between vertical versus -- apparently is all on one floor. Friedman: Right. Rountree: I understand some of the fire safety issues, but are there other issues? Freidman: Sure. Thank you, Madam Mayor, Members of the Council, Council Member Rountree. If we could go back to those definitions. So, I provided the definition from Meridian Cily Council June 5, 2012 Page 12 of 37 the code. We have actually identified it and, again, it's the use of a multi-story structure if you're combining residential use and nonresidential use. It's sort of in a stacked manner. What I did was I tried to find some images. We -- while we made provisions of them right now in our city code, we don't have a really good example here in the city. There is a couple in Boise that I'm aware of. I was not able to get images of those. If you're familiar with the 36th Street Garden Center at Hill Road and 36th, there is some live-work units in there, as well as townhouses. The image in the upper left here is on Iowa Street in Boise. I'm actually acquainted with one of the owners of one of these units and the way these are built is this lower area right in here is primarily what you would consider an office space and, then, behind that -- and it's clear, it's open all the way up to the second story, and there is sleeping quarters and so forth up there. And, then, behind this office space is -- in this particular unit that I'm aware of is a kitchen, living facilities, and that sort of thing. The others are just images. I did a Google search today on an urban design web page just trying to find images or work live-work designs. This one is a design that was presented to the city of Seattle and, then, these -- I'm not quite sure where they are, but it does -- again, you see the residential on the second floor and the commercial uses on the first floor. Rountree: Madam Mayor. Pete, I fully understood the fact you live upstairs or downstairs, but is there -- are there building code differences to -- to have the two compatible? It seems to me that they are.-- I know of some fire code issues, are there other issues related to having a residence in a commercial integrated in any fashion? Friedman: Madam Mayor, Council Member Rountree, Members of the Council, the building does address it. They do have live-work provision within the building code. It establishes certain parameters in terms of the maximum amount of area that can be devoted to nonresidential versus residential. I'm kind of wondering off into the building code areas, but I do know that the code does address it and they have maximums on that and maybe Bruce recalls what it is. Chatterton: Madam Mayor, Council Member, the building does -- and I'm trying to recall the exact amount. There is a limitation on the amount of commercial and residential that can be included under the building code within alive-work unit. The purpose of that is to, basically, sort of avoid the situation that we find ourselves in right now where you would have not a clear separation between these two uses. There are a number of different building code issues. Fire separation, the different requirements of the two different codes, the commercial and residential codes, existing. So, there are those standards. I'm not terribly conversant on it, but there is some limitations on how you can do that. Typically, though, the building code also contemplates they would be vertically integrated, more than one story, as opposed to simply selecting a portion of an existing commercial building and designating that as residential. That does present a number of challenges that, you know, possibly could be an event from a lifesaving standpoint. As Pete mentioned, our zoning code doesn't contemplate -- well, I guess what I would call horizontally integrated residential with commercial. There are a number of reasons for that. We simply don't have standards for it from the zoning standpoint. It probably can be done from the standpoint of life safety and the building Meridian City Council June 5, 2012 Page 13 of 37 code, but, then, it would present a whole host of issues for zoning, such as where parking occurs, where exiting occurs. Can people exit properly. But the building code does address it, yes. Rountree: Thank you. De Weerd: Any other questions at this time? Okay. Would the applicant or a representative like to make comment? Hi, Joe. If you will, please, state our name and address for the record. Palmer: Joe Palmer. 1524 North Meridian Road, Meridian, Idaho. De Weerd: Thank you. Palmer: Thank you. It's a little intimidating sitting here before this crew. I have come here before you tonight to ask for administrative relief to these codes. The idea really here is not that I want to live in this building. The whole reason that we are there at this time is because of the economy. The economy has slowed over the last five years, in case any of you haven't noticed that. I'm sure you have. We have been in business in this -- I have owned property for 25 years. Originally we lived there. We had a house there. And as we have remodeled and torn down the old buildings and replaced them with what's there now, which I'm sure all of you are familiar with, you see what we have done with the businesses. Our furniture store has currently been there for ten years. In the back it has a break room and a couple offices and a bathroom. Two years ago -- not quite two years ago -- 20 -- around 20 months ago my wife and I, as we were moving forward and the economy didn't seem to be moving in a direction that was good enough to keep supporting it, at that point we made the decision to sell our house and take up residency I guess you would put it in the back of our store, not because we want to live there, we spend plenty of time there and would rather spend less time there. But as the economic situation that we are here, that was our only choice. I did not take anything from the government. I paid my taxes. I paid my bills. I have sold everything I have. I have liquidated everything that's liquid trying to save my business and my commercial building in downtown Meridian where I have employed several people over the years and at this point in time we have laid off all of our employees or are taking on running it completely by ourselves. Times are tough. I understand that this is a variance to the code, but I hope you understand that in tough times sometimes things need to be changed or moved. At this time, if there is questions for me, I'd like to yield my time over to Becky and she can kind of explain points of the code here that I'd like to. De Weerd: Mr. Rountree. Rountree: Thank you, Madam Mayor. I'm certain we all understand what's going on with the economic times and it is tough and I don't envy your position that -- that it's brought to you. I appreciate the effort you have undertaken to stay above water and hopefully you can to keep above the water. My question is, one, do you -- so you see a Meridian City Council June 5, 2012 Page 14 of 37 change in your economic condition with some of the changes we are actually seeing in the community with respect to more growth, more building, more investment -- is that improving your business any? Palmer: I think it will improve it. I mean right now we have seem to have kind of leveled out. I do think it will improve, but there is one other factor that I failed to mention and that is the fact that the road in front of us is about to be taken out and limited or no access to our store for one year is what I have been told. Rountree: Okay. And follow up, I guess. Do you anticipate that this isn't a permanent operation that you're going through? I suspect Mrs. Palmer would like it change immediately -- Palmer: She and I both would like it to change. I would think that the longest it's going to be is until -- and what I would like is just until the road construction to done. I believe once the road construction is done business is going to turn around completely. Like I say, it's leveled off now. It seems like we are not going down any lower than we went, but with the road construction everybody knows what it does to businesses and there is no secret that businesses do not survive when there is no access to them. Now, I have been back and forth with Ada County Highway District a hundred times trying to figure out -- and my property and the other businesses on my property are the worst situation in their whole development, because we don't have side streets coming into us. The intersection is going to be rebuilt and the street is going to be rebuilt. The nearest cross street, other than across from it, so down a half a block, is down three blocks and, therefore, there is not going to be access, so what they have tried to do is figure out a way that they can minimize that by cutting up the front and letting some other spaces in and if you have noticed driving by there is an empty lot behind us and they have put in gravel in the back of that, so that we can park behind and so that we can bring customers through one of the back doors of the building that directly enters into the store, but you have all seen what the front of our building -- you know, it's a nice presentable building. The back of it is not. It's a remodeled building and, no, it's not real accessible to a retail space, but we feel that if we can save every penny we can and live there for -- until the construction is done, then, we would be able to survive and that's all I'm asking is temporary. I do not want it permanent in any way. Rountree: Thank you. De Weerd: Any other questions at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Palmer: Thank you. Meridian City Council June 5, 2012 Page 15 of 37 McKay: Madam Mayor, Members of the Council -- De Weerd: Hi, Becky. McKay: -- Becky McKay, 1029 North Rosario, Meridian. Business address. Joe came -- came to my office and explained the situation and, obviously, you know, he needed some help, so I -- I agreed that I would, you know, look at the code, try to see what solutions are available. These hardship applications --these are the most difficult cases that I see. They are tough. They are tough for me, they are tough for you guys. During the past couple years, with the recession, we have seen more of these types of cases. I have had two in Ada county, one two months ago in the city of Eagle. Every one of them didn't fit within the ordinance. One didn't fit within the comp plan, but in order to save these people's homes, save their farms, save property that they have owned or family has owned for 60 years, we found solutions. And so I know these are challenging and the burden comes -- is on the -- you know, on these other cases was on the commissioners, was on the city council. It was the only option for some type of relief. The Palmer parcel zone, that C-C, community business district, obviously, residential is allowed within that district, but as Pete indicated vertically integrated and multi-family, not horizontally integrated. It is designated Old Town on your comp plan. I did -- I did look at that. Which, obviously, encourages a variety of residential uses. It talks about, you know, residential over retail, over office. It talks about reuse of existing buildings, remodeling of existing buildings, so I think as far as, you know, as the use within its zone, residential is allowed. If we look at that particular area it's a mixed use area. We have office, we have retail, we have single family residential. There is a whole mixture of uses, as some of those single family dwellings have transitioned to more commercial uses. This -- this is a unique situation, because this is a commercial use with residential accessory use, which, obviously, isn't defined in the code and I looked through the code, through every single definition looking for something that would help solve the problem. It doesn't fit in to any definition. You know, it's not an attached dwelling, it's not -- it's not really a detached dwelling, it's not multi-family, it's not vertically integrated. I mean you read through the list and I can't find a fit. But when you read the definition of a dwelling unit where it says a portion of a building used for residential purposes, it falls within a dwelling unit. The closest thing that, obviously, I could come up with was a secondary dwelling. Now, obviously, the definition of a secondary dwelling is that it is subordinate to a principal dwelling. But this is 600 square feet, the residential use area within Mr. Palmer's building, and the definition of a secondary dwelling says it must be no greater than 700 square feet of living space. We used to have definitions like caretaker's quarters that have kind of been taken out of the code. We use those in industrial zones where we have mini storage facilities. I kind of see more as a caretaker's quarters, an accessory use, a temporary use. There is, obviously, fire code and building code issues that Mr. Palmer has to address. I think he's had conversations with Daunt about what needs to be done, obviously, for any life safety purposes here. I just can't find a really really good fit. Your ordinance has a section concerning allowed uses, it talks about if it's not specifically listed, then, it's considered prohibited. But it does have a caveat that says that you may determine that a use that's not listed is similar to another use if it doesn't impact public services, if it Meridian City Council June 5, 2012 Page 16 of 37 doesn't involve a higher level of activity or intensity or density and that it's consistent with the purpose statement of the district and substantially conforms to the comprehensive plan. So, I think we got just a real odd duck here that I don't know what to do with. We used to see these every once in awhile when I worked at Ada county and when I worked with John Bastida, who just passed away here recently, and Vern Bisterfeldt were there and they would come in and they would say we need to figure out a way to help these people. You get in the code book of yours and you find something. And so, you know, that's kind of where -- where I learned that, you know, everything is not a perfect fit. There are gray areas and there are situations that arise that we have got to figure out a solution to and I guess this is one. I know the burden is upon you. We sometimes call it creative planning, but Idon't -- I don't see that he has any -- any other means of relief. A temporary permit -- I mean I looked through your section on that, you know, there is a lot of definitions. It's more commercial related. I don't know what to do with them. He is definitely a square peg that does not fit in any of the round holes that we typically deal with. But I think, you know, he, obviously, has a situation here that we should at least make an effort to solve and all the other jurisdictions I was pretty impressed with the length that they went to try to discuss solutions and still make sure that the -- obviously, the integrity of the rules and ordinances were still maintained. Do you have any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, what would you consider, if we were so inclined, as a temporary occupancy as it is now, bringing it up to code, that life safety code. None of us wants that on our hands. What would you consider a temporary use? Six months? A year? What? De Weerd: He said duration of the road project from what I understand Bird: One year? McKay: Is it a year? Bird: It's a year from November it's supposed to be. De Weerd: A year from October McKay: A year? Madam Mayor, Councilman Bird, in other jurisdictions, you know, some of them have a one year as a temporary. We used to -- Ada county used to have a section called a temporary living quarters where they would allow some to move in like a mobile home for -- to take care of an ailing mother or something. Those temporary permits they granted for two years and, then, at that time it expired, whatever that use it had to cease and removal of whatever quarters you provided for that -- that relative. So, I guess, you know, it would, obviously, depend on staff's input and Council Meridian City Council June 5, 2012 Page 77 of 37 sees as the best time frame. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Becky, you described this situation as an odd duck and it really is, because I'm trying to figure out how you -- and you have seen us work, you have been before us many times, you know we try to find ways to make things work, as opposed to just say no and -- McKay: Yes, sir. Hoaglun: -- we are all done. This one has been problematic in trying to figure out what do we do. One of the things I struggle with is if we allow it in this situation and we have other requests, we also have to consider those. Are there parameters that you can think of that allows us to say yes in one situation and no in another, instead of just going, well, if we did it there we got to allow it for everyone. Because I get into things like restaurants and we have some examples of the restaurants in Old Town and they say, well, I have got -- this used to be a residence, I have got a bedroom in the back and I have got a bathroom, hey, this works out great. In my mind I'm thinking, yeah, until someone is in the bathroom and you want to brush your teeth to start your day, you're going out there to the kitchen brushing your teeth next to the clean plates from the night before that they are going to serve lunch on. You know, we want to avoid that sort of thing, but -- and in this case it's a furniture store and is it okay, because it's used furniture, so if a relative comes over and we go, well, you know, we got that extra couch there, besides, it's used anyway, but we can't allow it in a new furniture store. I mean there is all these things that go through my head and kind of strange sometimes, but sometimes my mind goes off on weird things, but how -- how do we -- how do we make it fit that if we say, okay, this is an exception, we can allow this with certain things happening, but, then, when we move into other things -- and that restaurant scenario does kind of bother me, because you don't control what goes on within a business when it's a residence and the only one I can think of with a residence that's also a businesses that that does happen is a bed and breakfast and those are exceptions and they are very specific and I know some people who will absolutely not stay in bed and breakfast, because they don't want to have any part of living in someone else's house, but -- I'm not one of those, but -- anyway. Is there a way or do you see it as, well, we kind of have to apply it evenly, so we don't get sued. So, I guess I want your thinking and your experience on this, too, Becky. I mean -- because Ihaven't -- I haven't come up with an answer on that yet. McKay: Madam Mayor, Councilman Hoaglun, I think that's a valid question and I think every council and board struggles with if we deviate a little bit from the norm that we are not creating any precedent setting determination that is going to -- that someone would grab onto, come back, and say, well, I got a restaurant and I'm going to live in the back, because I heard Joe got to live in the back of his furniture store. So, my Meridian City Council June 5, 2012 Page 18 of 37 recommendation would be, one, this is unique, because of the road problem. Obviously, the road's being torn up. It is creating a significant financial burden and impact on this particular business that is unique to this business. Secondly, that is temporary. If something is temporary and it's clearly specified that this is temporary for a specific period of time and I guess it's, you know, part of -- I don't know whether -- whether you would do findings or have staff put something together that this is considered a special exception and it should in no way be considered a precedent. I don't know how -- you know, who else to -- to couch it. The other -- the other decision making bodies we went through the same -- the same process. You know, how can we do this, but not open the door so wide that we have a problem in the future. I think, you know, probably the temporary use is your best bet. I think Councilman Bird's suggestion makes the most sense. You're not recognizing this as any type of a permanent use or stipulating that you find it in compliance, because it is not. Hoaglun: Madam Mayor and Becky, I appreciate your thoughts on that, because, you know, to see you struggle with it -- I mean you understand it's a struggle for us. McKay: That's what the staff said. Hoaglun: You know. And the staff goes through it. Although the staff has less discretion in what they can grant and what they can't grant.. They are pretty much -- McKay: Their hands are tied Hoaglun: Yeah. Their hands are tied on this. McKay: And every situation has been the same. De Weerd: Pete, did you say -- did you have a comment? Friedman: Madam Mayor, Members of the Council. Yeah. There is provisions in the code, under code enforcement under the investigation section and this is, again, following Council Member Hoaglun's comments and Mrs. McKay's comments. In past code enforcement actions where we have had violations of the UDC and the building code, and working with code enforcement and the city attorney's office, we have come up with, essentially, what I think we used to refer to as a memo -- a compliance memo or something like that. So, within that memo we expect that -- there is an acknowledgement of --that the violations have occurred and that it's a very clear kind of pointed point by point list of expectations and timelines and so forth particular to the individual case for a compliance period and we have been through this -- a couple of ones in the past couple years and so that's drawn up by the city attorney's office, a timeline is established and there is a very clear expectation on both parts -- parties, I'm sorry, as to what the expectations are. So, in a case like this it may be a matter of time. It may be a matter of bringing a portion of the building that is used as a residence to comply with the appropriate buildings and fire codes and that sort of thing. So, those would be -- you know, again, unless Council's discretion, but there is a mechanism that Meridian City Council June 5, 2012 Page 19 of 37 establishes this compliance document, if you will. De Weerd: And I guess in terms of the precedence, I don't think that Ada County Highway District has had a situation where they have entirely closed the road and so I don't see that that's a situation that would happen very often. Hoaglun: No, Madam Mayor. And that is something to take into consideration. The road work is a future action and we know will have an impact. We are being asked based on financial reasons on a past -- I mean that led to this. So, yes, we can look to the future and say there is going to be an impact, but the reasons it was done and the length of time it was done was based on financial considerations and the other thing I feel uncomfortable with is the fact I have to make a decision based on that and I have absolutely no information about financial. When we go through planning, when we look at other things -- I mean this is an odd duck. You know, if we are to do hardship situations, I mean, you know, get a letter, we say this is why, and here is the letter we had before -- stated the amount. And I really don't want to pry into people's financial information, but I'm being asked to make a decision with absolutely no knowledge and just trust me and I can trust Joe, but whoever it is, you know, you have to be on that -- that trust and it's people I may not know and so that makes it difficult if we do it based on that do we have to -- if we did a future one -- if Fred from Fred's Barbershop, who is on Meridian Road, is impacted and said, yeah, I had to move into that, you know, I got the back room there where I had the pool table, I moved that out, moved in some beds, and got the bathroom -- Rountree: Tell him to sell the boat. Hoaglun: Yeah. Tell Fred sell your blue boat. You know. And 1 really don't want to get into that. So, that -- that makes it difficult and I'm not going to suggest, oh, we come up with anything, I don't want to go there. But it just -- that makes it difficult to make a decision based on information that you don't have. So, those are just some of the things that I struggle with as I try to come to grips with what can we do, how do we do it, what do we base the information on and those types of things. So, that's -- if you can ever shed any light on this, Becky, I'm more than happy to hear your suggestions, but I think -- you know. McKay: Yeah. I guess -- Madam Mayor, Councilman Hoaglun, I guess you'd have to ask those more specific questions to Mr. Palmer. All I can tell you is in the -- the other hardship applications that we had we didn't provide any financial information. I mean the Council -- they took -- you know, they took our word for it. These people are in trouble. You know, I know that they filed for a loan modification. The other case I know they had to refinance their house. They had to do a one time split. They couldn't do a one time split without some variance. So, you know, they -- but they didn't require that we submit financial information. I guess that's just, you know, one of -- one of the reasons they are here in general. De Weerd: In those other situations did your applicants approach the agencies or was Meridian City Council June 5, 2012 Page 20 of 37 this also a result of code enforcement? McKay: In those -- in those instances they -- they approached the municipality and the county and, then, they came to me to take it from there. But they were not in violation. Like I said, this is one --areal odd duck. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, I just wanted to comment. One thing that Pete has brought up from Planning, when we have done those types of agreements with parties that are in violation, the purpose of the agreement is to bring them in compliance. In this particular situation he can't be in compliance. The only compliance is to move out. So, it's not quite the same circumstance where you -- and they don't allow them to operate in the interim while they get in compliance, unless there is no life or safety concern, like if, for example, The Baby Place when it was annexed into the city there was a period of time they hadn't completed their landscaping, well, it was the wintertime, so we entered into an agreement with them to give them a date certain to complete their landscaping, but their landscaping didn't have any life safety issues, because they weren't residing in The Baby Place. We have had other ones where they have asked to continue to operate their business while they get into compliance, like with auto body shops or other types of retail or commercial outlets and we haven't allowed them to continue to operate while they get into compliance. So, it's not as simple as simply picking some date certain in the future to get into compliance, because there is -- those were businesses that were going to continue to operate once the agreement was completed. That's not the circumstance you have here. I mean you have a violation of your ordinance and there isn't any -- we aren't talking about changing our ordinance or changing the circumstances of the building or the operation, we are simply talking about living there or not. I mean it's not the same thing. So, f don't want you to go down the path of thinking we can just create some -- craft some contractual agreement to make this resolved, because I don't think that's really possible. Chatterton: And, Madam Mayor, if I may. Council Members. Further to the city attorney Nary's comments, I wasn't happy with my answer to Council Member Rountree's question about the building code, so I retrieved the standards. There are standards for life safety for -- for -- in the building code for having separation and life safety between what's referred to as mercantile and residential occupancies. Those would need to be met in this case in order to insure life safety. I understand the building is sprinklered, even though, of course, we haven't reviewed that for a residential use. But if a building is sprinklered there still needs to be a one hour firewall separation between a mercantile and residential occupancy. You also need to have emergency escape and rescue provision for all the sleeping rooms and typically that could be a window of appropriate size or a door and these have to lead directly to the outside of the building. So, even if you could see your way clear -- and it sounds like from what Mr. Nary is saying, that would be difficult under the code -- we would still have life safety Meridian City Council June 5, 2012 Page 21 of 37 issues with these uses coexisting in the same building. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor and Bruce. One of the solutions I was pondering-was, okay, I know where his place is, there are some vacancies, what if he moved into one of those other units -- I'm sure that there are one hour firewalls between the units, you have a front door, you have a back door, but the bedroom situation -- there is sprinklers, but it sounds like a window is required for that, but is that because there is not sprinklers and I thought, well, maybe that's a solution. We have a -- have the unit in another part of his building. So -- and that might more --abetter question for the fire folks than for you, but -- Chatterton: Madam Mayor and Council Member, if there are no sprinklers, then, a hour separation is required between a mercantile and a residential use. De Weerd: You have to have a window in a bedroom. Chatterton: Yes. And you still need -- that's correct, Mayor. You still need to have the exit provisions -- exiting directly to the outside. Bird: 5.7 De Weerd: Perry, did you have any -- we just happen to have a fire marshal here Palmer: Answer your question, too, if you want me, too. There is a separation wall between the residential part, so there is no mix, we don't use the same bathroom or anything with the store part. There is a separation wall right now. It would have to be beefed up a little bit, because right now it's only one hour and code is saying either between one and half or a two hour, which I would do. We do have a window out the back and a door out the back, so the standard for safety is above what it is at a regular residence now and I would be willing to further that and put another sheet of sheetrock on it the rest of the way up into the attic, which is something that I can do, if that answers your question a little bit. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Joe, is that window in the bedroom --the sleeping area? Palmer: Yes. Yes. There is an office there that -- where the bed is now. Bird: And what kind of square footage is it? It's got to have 5.2 or 5.7 square foot of opening to get through. Meridian City Council June 5, 2012 Page 22 of 37 Palmer: The window is standard wide, it's 4-0, 4-0, so it is standard for an egress window on a residential house. Hoaglun: And, Madam Mayor, one question I did want to follow up on. You had mentioned something about the road closure, Meridian Road, that with the new -- with the parking area and there be a back door during that construction. Now, is that coming through the -- Palmer: They are separate. Hoaglun: Okay. Palmer: The building is a hundred feet wide. The residential part of it is only 40 feet wide. The next --the door is beyond that point. So, there is no mixture there. Hoaglun: Okay Palmer: And I understand the safety issue and the fire separation. I did talk to Daunt about that and I -- you know, he says, well, when we get to that point we will have to make sure. I said, well, that's fine. Whatever the standard is we will make sure we meet it, because I am below it right now, because I only have -- actually, I have two pieces of sheetrock between it, but I don't believe -- two pieces of 5/8ths, two hours. De Weerd: I think with the sprinklers -- Palmer: Anyway, I would have to put a steel fire door. It's close, but we would need that standard and I talked to Daunt about that. Whatever he decides that there was, if I need to put another sheet of sheetrock over it, I would certainly do it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Now that Joe's back -- because I was going to ask him that and he answered it very well. The other question Ihave -- are you amenable to a temporary -- whatever we can figure out for a period of time not to exceed say 12 months, 18 months, something like that? Palmer: I would be very amenable to that. Rountree: Okay. Palmer: I do not want to be there any longer than I have to. In fact, if it got really busy tomorrow -- I mean really busy, I would be out of there as soon as possible. Rountree: All right. Thank you. Meridian City Council June 5, 2012 Page 23 of 37 Palmer: Thanks. De Weerd: Any other questions from Council? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess I have to express an opinion. I have empathy for this situation. Many years ago in another town I operated a store front business. I was there 18 hours a day, seven days a week and would have happily have lived there if it was possible. In that city it was illegal, but I certainly understand -- I understand why before there were cars many businesses had the residence upstairs. Now that there are cars that doesn't seem to be so common, but upstairs or beside or blow, it is the issue of safety that determines whether it's possible or not. So, I would like to see if there is a way that we can work this out. Certainly it needs to be temporary and certainly it needs to be in a way that is not used by other people as an example, but let me ask Mr. Palmer another question if I may and that is have you discussed this arrangement with your insurance company and are there any conditions that they might put on this? Palmer: I have not and I don't know the answer to the question if there would be Zaremba: I'm not sure we can do anything about that, but I -- Palmer: I mean I don't know what -- Zaremba: I would include that in your list of things to do probably. Palmer: I understand. I don't know what bearing that would have on this, but, you know, it's certainly something that -- I think my insurance agent actually knows that I live there. Zaremba: Okay. Just a thought. Palmer: The reason he knows that is because he used to live in his office just around the corner. Zaremba: Thank you. The question I would, then, ask of Mrs. McKay if I may is can you suggest to us any conditions that we ought to put on something like this? McKay: Can I suggest conditions? De Weerd: Wow. You really put her in a difficult position. Meridian City Council June 5, 2012 Page 24 of 37 McKay: On the spot. Obviously, this is special -- special circumstances and unique, not precedent setting, but this should be considered temporary, that -- you know, that it's limited. That there is -- there is, obviously, a timeline, that they need to, obviously, get an inspection, that it's no -- at the end of that timeline that it's no longer being used for any residential purposes. You know, whatever I guess the Council feels comfortable with, that they obviously comply with any building or fire codes that are applicable to living there in the 600 square feet and I guess have it inspected once those modifications are made. You set forth conditions just like with anything else that the Council and the staff is comfortable with. Zaremba: Thank you. McKay: Thanks. De Weerd: Council, any further information needed on your part to make a decision? Zaremba: Madam Mayor, this is a public hearing. I don't believe we have asked if anybody else wants to speak. De Weerd: It's not a public hearing. It is an -- it's an appeal of the director's ruling. Rountree: Madam Mayor? De Weerd: Yes. Zaremba: Public hearing right here. Rountree: I understand what it says there, but it is an appeal and that's never a public hearing. Zaremba: Okay. Rountree: But I'm not sure we need to go any further. You know, this is not a precedent setting issue. We have established the precedent for the motion I'm about to make. In Meridian and Meridian City Council there is a group of folks that do everything they can to try to make things work in their community. We have a case that's been explained to us by Mrs. McKay about we have a -- I don't know whether she called you round or square, Joe, but either one, but things that don't fit together and we have to fashion a way to make that fit together. I may not articulate the words that the city attorney might want to hear, he can maybe do some wordsmithing on those, but I believe we do have a very unique situation. I believe we have a unique situation that we need to take a look at our ordinances to see if we come up with something that's a little cleaner and a little easier to deal with than the process we went through this evening, though this has not been too difficult. I believe that I can support the request for continuing to be in violation, I guess, of the city ordinance with respect this issue if Meridian City Council June 5, 2012 Page 25 of 37 we can establish a time and the fact that the site that's affected, make sure of fire safety issues, because that's really our number one issue here is protecting of folks primarily and their property secondarily. And that's a must. And I can't waiver on that issue. Also that we establish a reasonable time period. So, my motion is I move -- I move that we approve the request to reverse the denial of the certification of zoning compliance CZCV 12-006 and with the stipulation that the occupancy can -- residential occupancy continue for a period not more than 18 months and continue upon the completion of an evaluation by the fire marshal and remedies made by the applicant and owner to be in compliance with reasonable fire safety issues. And whether that is done with a compliance memo or a memo contractual understanding between the city and the applicant I will leave that vehicle -- probably a finding of facts and conclusion of law to the city attorney. That's my motion. Bird: Madam Mayor, I second that. Mr. Rountree? Rountree: Yes. Bird: Would 18 months or January 1st, 2014, I'd like to put that date in Rountree: I'm comfortable with that. Bird: Second agrees. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Rountree, I -- I would suggest the following -- Rountree: Okay. Nary: -- for future compliance. I know it's the case that a number of times we can make this nonprecedent setting, but we can't just put words in that makes it so. If your finding is that this is in violation of your code, but based on the specific circumstances as enumerated here regarding a hardship, both for Mr. Palmer, as well as the circumstances of the roadway, that you would give him 30 days to get it into code or 45 days to get it up to code -- building code, fire safety, those types of things, you would, then, allow him up to January 1, 2014, to vacate from the residence. Then, it still upholds your code that you don't have people living in garages, trailers in somebody's yard, campers parked in their backyard, that your code still is the same, you're going to allow this circumstance for a temporary use for this limited period of time as long as you meet fire safety code, but at the end of that time period they have to move out. The only precedent that you may be setting is the time period allowing compliance, rather than coming back to you every time someone wants to live in their garage, their shed, their whatever. So, you wouldn't have to address that again, you would only be dealing Meridian City Council June 5, 2012 Page 26 of 37 with the time period. So, that would be my suggestion for your motion and I don't know if Pete has an addition to that. But, then, you wouldn't be addressing the code every time. Friedman: Thank you, Madam Mayor, Members of the Council. I think just building on what Mr. Nary was saying in terms of kind of structuring this, so that it is not precedent setting or so forth, the section of the code I stated earlier is what -- really what we issue is a notice of code violation and, then, you have specific steps that need to be taken to remedy that and that would be all of the items that the Council has indicated are desirable in terms of compliance with the fire code, the building code, and the timeline and if Mr. Nary agrees with that we structure it that way and, then, I think one final thing that I saw in the background material is the obtaining of the certificate of occupancy to memorialize that all those code requirements have been met. So, what we really have is still a notice of code violation and, then, the steps being taken necessary to remedy that violation, ultimately concluding with the vacation of the -- or of the sanction of the residential use on the date that the Council has chosen. If that's acceptable to Mr. Nary I think we can get our heads together and work on that at the direction. Rountree: Madam Mayor, it's wonderful to have help, not being a lawyer and just a common guy. That was my intent when I mentioned the fact that there was still an occupancy violation in my motion, that that be recognized and that we are just doing something to remedy that violation for a time period and with fire safety issues addressed. So, if the record can reflect what Mr. Nary said in my motion I would appreciate that and I would add that amendment to my motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: How many days, then, to get -- 45? To get in compliance Rountree: Parry, how many days to -- P.Palmer: Well, I was going to interject that this may cause you to amend your motion. We have an interesting conflict of -- that the fire code only deals with commercial. I have no jurisdictional authority in residential and the fire code refers to live-work units. The fire and life safety falls under the International Building Code. Bird: Right. P.Palmer: So, though I can regulate the commercial aspect of the building, I have no jurisdictional authority to regulate the residential component. So, I would have to work in conjunction with the building department to enforce the building code for the living portion of the building. Rountree: That would be the intent, to get it in -- in a state that provides for a safety Meridian City Council June 5, 2012 Page 27 of 37 code situation for residential. The minimum standard is to provide their safety. P.Palmer: Right. But that all falls under the building code. Rountree: Okay. I think there is an understanding here that that's how it would go about in terms of compliance with that, of 30 -- 30 days from the point of the request for the inspections on the building department. Bird: Second agrees De Weerd: Okay. Any discussion from Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a couple of comments. One, I hope this doesn't set a precedent. I mean we have to be very careful here. When people try to do things as a community, we try to make it work, try to look at the community interest and what's best for the community and see what we can do and we worked hard at that, and I think we made it clear this is a unique situation, but it's also a unique situation -- my preference would have been that the applicant would have come when the situation was made known to him that he was going to have to do this and work with us before and we are not hard folks to work with. We try hard. But Becky's words keep coming back, this is an odd duck. But, you know, sometimes that adage it's better to ask forgiveness than to seek permission doesn't always work. I mean that -- that is one -- because it really puts us in a difficult situation and I think the applicant appreciates this, because -- because of who we are as elected officials on both sides here, it doesn't look good and -- and I don't think I can convey to people, because I have worked with legislators and been around that process quite a bit, that they are regular folks. They are -- being a legislator is a part-time job, they have jobs, they have to support a family, they have work to do, so this is not special treatment, this is taking a citizen of this community and trying to work with them to find a solution that will work for him and our community at the same time. So, I hope people understand that and I -- but I think sometimes, as the applicant knows, they just look at it one way and it's not with a human being, it's as elected officials and all you guys get all these special favors and everything and that's -- that's not being done here and I just -- if people want to believe that I guess they will believe what they believe, but this is being done to -- very specifically for a member of the community that we would look at for anybody in this community. Bird: That's right. Hoaglun: If they came up and said I have a situation here, what can we do to make this work. We try to do that. It doesn't always work. We don't always say yes and sometimes a solution is not to be found, but that's --that's what we try to do. And I think I'm happy with what's come about. I think I understood everything that was said in the Meridian City Council June 5, 2012 Page 28 of 37 wording changes and understand why they have to be said that way. So, this is something that I can certainly support and, hopefully, that road -- Meridian Road is a great thing that happens for all the businesses up and down that street when that gets done and I think it will be. But in the meantime it's going to be difficult on a lot of folks, so -- De Weerd: Any further comments? 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. D. Public Hearing: AZ 12-001 Ustick LDS Stake Center by Church of Jesus Christ of Latter-day Saints Located at 3775 E. Ustick Road Request: Annexation of 7.67 Acres of Land from RUT (Ada County) to the R-8 (Medium Density Residential) Zoning District De Weerd: Item 8-D is a public hearing on AZ 12-001. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor and Council. The application before you this evening is an annexation. The property is located at 3775 East Ustick Road. It does contain two parcels totaling 7.67 acres of land. As you can see with the exhibit on the right the property is developed with a church site and it did receive conditional use permit approval through the county sometime in the '70s, early '80's. The applicant is requesting annexation at this time from the RUT zoning district to the R-8 zoning district. That includes, again, both parcels. The request for annexation is based on the need for city services. I also bring to Council's attention that Ustick Road widening project is underway and once that is complete the applicant won't have the opportunity to run those services to this facility due to the moratorium on the new asphalt paving that has taken place. The applicant is coordinating with city staff to the extension of those services. We can expect once annexation is complete that those services will be extended. Because the site is currently developed with a church use and more than likely that will remain on the property for the duration of a long period of time, staff has not recommended a development agreement with the annexation request. However, future expansion of the church use will require conditional use permit due to the requested zoning of the R-8 zone as well. At the Commission hearing Planning and Zoning Commission did recommend approval. Jo Larsen spoke in favor of the application. Key issues of discussion by Commission -- there weren't any key changes by Commission. To staff's recommendation none as well. Jo Larsen did submit agreement with the staff report -- or the recommendations. To staff's knowledge there aren't any outstanding issues before you this evening and with that I would stand for any questions you may have. Meridian City Council June 5, 2072 Page 29 of 37 De Weerd: Thank you, Bill. Council, any questions at this time? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, the graphic you have given us -- are we talking about two lots that are identified as 3629 and 3775? Because I have three lots that are outlined here. Parsons: Madam Mayor, Councilman Rountree, it's actually two lots. It's -- those two lots are identified 3775 and it's south of that C-C zoned property. Rountree: Okay. Parsons: So, it is only two parcels, not that C-C parcel. Rountree: Okay. All right. De Weerd: Any further questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question. Does the R-8 zoning, if they chose in the future, entitle them to build an R-8 residential on that other lot? Parsons: Councilman -- Madam Mayor, Council, it -- there is nothing prohibiting them with the annexation request to develop that R-8. In speaking with the applicant it is their intention to hold ownership of that property. You can see now that it is developed as their open space for the church. Most -- most of the LDS churches in the community do have a pavilion and outdoor space for their parishioners, so I anticipate that that will continue as such and if that were to change certainly they would have to come back to us and talk about a proposal to develop that in the future. Zaremba: I guess where my question is going is aren't most churches in the L-O zone? Parsons: Madam Mayor, Councilman Zaremba, it's scatted throughout. Usually -- typically we try to get that zoning so that churches are more of a permitted use in the L- Ozone, but in this particular case, because the church is adjacent to residences and that this portion that's developed with the church is designated residential on the comp plan, staff felt it most appropriate to recommend the R-8 zone to the applicant and that way if they want to do an expansion they have to come back through the CUP process, Meridian City Council June 5, 2012 Page 30 of 37 a public hearing process, for the expansion of the church property. Zaremba: Okay. Thank you. De Weerd: Okay. Any further questions from Council? Does the applicant have any comments? If you will, please, state your name and address for the record. Greer: Good evening, Madam Mayor, Council Members. My name is -- well, was Jo Larsen. I recently was married, so it's now Jo Greer. De Weerd: Congratulations. Greer: Thank you. I am with Tate and Associates. We are located at 345 Bobwhite Court, Suite 220, in Boise. 83706. I'm here to represent the Church of Jesus Christ of Latter-Day Saints in this annexation process and as the staff mentioned this was approved previously at that last hearing and we are in agreement with all of the conditions that have been imposed and we also had several meetings as far as with the construction -- not necessarily having to do with annexation, but I did want to say, as I did in the last hearing, that the process has always been a little more extensive than some of the others. The staff has been very good about working with you and coming up with solutions to the issues that have ever been -- not just the Planning and Zoning, but also the Building Department and the fire chief. So, we appreciate that. De Weerd: Thank you. Appreciate your comments. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you very much. Greer: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this application? Okay. Seeing none, Council, any additional information needed on your behalf? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on AZ 12-001. Rountree: Second. Meridian City Council June 5, 2012 Page 31 of 37 De Weerd: We have a motion and a second to close the public hearing on 8-D. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve AZ 12-001. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Police Department: Budget Amendment for Lobby Floor Tile Work Not to Exceed $40,000.00 Approved B. Police Department: Budget Amendment for Ventilation Repair for aNot-to-Exceed Amount of $30,000.00 De Weerd: Item 9-A under Department Reports -- well, both 9-A and 9-B are with our police department. I will turn this over to Chief Lavey. Lavey: Madam Mayor, Council, if it's all right with you, I will just cover both of them while I'm up here, to -- over the last several months we have been in front of Council requesting numerous budget amendments and we have always bragged that we never cost the city money, because it's just spending that's already in grants. Unfortunately, today I have to come in front of you and ask for some money on two projects that have been deemed an emergency in nature and-that we need to get them done currently, rather than wait until the new budget year. De Weerd: That's what you get for gloating Lavey: What's that? Meridian City Council June 5, 2012 Page 32 of 37 De Weerd: That's what you get when you gloat. Lavey: Yeah. Well, I noticed that my staff was up here doing the good ones and so the bad ones I get to do. The first one in front of you is for the flooring in the main public lobby and the men's and women's restroom of the police department. Over the past several months we have discovered that the the has been cracking, the grout has been breaking loose. We have had bug infestations coming up through the grout. We kind of have of bowing in the floor and, then, we also have some water -- potential water damage to the wall between the records division and the female restroom and -- De Weerd: Has there been any mold? Lavey: There is no -- we will get to the mold on the next one. So, there is no mold on this one. About a year ago we had a water riser break and we had it fixed and we don't know how long that water riser was leaking, because it's in a closet area, and so our guess is is that it had been leaking into the wall and creating some damage. Now, right now the information I have in front of you is only for damage that we can see with the visual eye. We do not know what's going to happen once we remove the tile. So, we have gotten two bids so far. One was 13,800 dollars. The other one was 25,800 dollars. Now, that's a very big discrepancy and so I have our Building Department looking at the two bids to make sure that we are getting either treated fairly or making sure that the other bid does not leave something out. So, I am coming in front of Council to ask for the spending authority in the amount of 40,000 dollars, not to exceed. That would give us some additional monies to repair damage once we remove the tile. We are expecting the potential for some concrete work as well. But we will not know until we get the the up. So, I am coming in front of you today requesting a budget amendment of an emergency nature in an amount to not exceed 40,000 dollars to repair the lobby and restrooms in the public space of the police department and I will stand for any questions. De Weerd: Thank you, chief. Any questions from Council? Rountree: I have none. De Weerd: Okay. Do I have a motion to approve? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-A, a budget amendment in the amount of -- not to exceed 40,000 dollars. Zaremba: Second. Meridian City Council June 5, 2012 Page 33 of 37 De Weerd: I have a motion and a second. Any discussion? Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. Lavey: Madam Mayor and Council, the second item I have in front of you today is also a budget amendment of an emergency nature and it deals with the ventilation system of the police department. I have mentioned this to the Mayor in the past of a unique situation that we have in that when we bring items into the evidence room we actually permeate that odor within the entire building. To be frank, it's when you bring in drugs and everything else that have a very potent smell. That smell is within the whole building. De Weerd: Yeah. It's not good having our police department smell like drugs. Lavey: And so we just put up with that at first. Recently we have had the opportunity through our impact team. to bring in large quantities of narcotics and so when we bring. in 37 pounds of marijuana it definitely brings a smell with it. Well, one of the unique things that we found when we were trying to dry that marijuana is that we cannot dry it fast enough and it starts to mold. And so not only do we have the smell of marijuana within the building, but we have the mold spores as well in the building and due to the safety of our employees and any public that's in that building, we need to have a separate isolated system. We did ask for a bid from a contractor that's currently doing work inside the building, but, then, I have also asked our Public Works Department to get us a couple additional bids. Now, one thing that was a little shocking to me today is one of those other bids -- and, again, we have discrepancies. One bid was in the amount of 22,000 dollars and the other bid is in the amount of 54,600 dollars, which I have no intentions of using, and so we will continue to get some bids that are reasonable in nature. But I'm coming in front of Council to request a budget amendment to put in a separate ventilation system within the evidence room that will bring in fresh air from the outside and filter those odors to an outside filter, instead of pushing those odors within the whole air intake system of the police department. The last incident we had the odor remained within the building for approximately seven days and that's unacceptable -- unacceptable to me. I am asking Council to approve the budget amendment with a not to exceed cost of 30,000 dollars and, then, I would come in front of you if we cannot meet that standard. With that I would stand for any questions on that item. De Weerd: Thank you. Bird: Madam Mayor? Meridian City Council June 5, 2072 Page 34 of 37 De Weerd: Mr. Bird Bird: In this ventilation system to get rid of that, this -- I hope this low bid has got everything covered, because we definitely don't want to send it out into the outside air while we are -- because EPA can be a lot worse than anything else on us. Has that got all the filtering and all the scuffers and all that in there to eliminate any odor? Lavey: Madam Mayor, Mr. Bird, that is exactly what we have the Building Department determining at this time before we award any contracts. That is my concern. When I looked at the high bid it completely engineered -- there is a lot of costs as far as using the mechanical engineers to come in and I can guarantee you that they would probably be done and done right if we used them. There has got to be some sort of common ground in there, though. So, we will make sure that those questions are answered, but I believe we can do it much cheaper than 55,000 dollars. Bird: I don't know Lavey: I hope. Bird: You got a lot of engineering on something like that. Lavey: Yeah. I -- Bird: A common engineer working for some ventilation company isn't going to do it. De Weerd: Okay. Any other questions for the chief? Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-B, a budget amendment in an amount not to exceed 30,000 dollars. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Lavey: Thank you. Meridian City Council June 5, 2012 Page 35 of 37 Item 10: Ordinances A. Ordinance No. 12-1515: An Ordinance of the Mayor and City Council rezoning of property situated in Section 22, Township 4 North, Range 1 West, Meridian, Idaho known as the Tree Farm (MI-07-004) to R-2 (Low Density Residential District), R-8 (Medium Density Residential District), R-15 (High Density Residential District), C-C (Community District), and C-N (Neighborhood Business District) in the Meridian City Code De Weerd: Thank you, Chief. Item No. 10-A is Ordinance No. 12-1515. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1515, an ordinance MI 07-004, Tree Farm, for a rezoning of property being situated in Section 22, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territory situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands to R-2, Low Density Residential, R-8, Medium Density Residential, R-15, High Density Residential, and C-C, Community District and C-N, Neighborhood Business in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as required by law. And providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1515 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 10-A. 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. Meridian City Council June 5, 2012 Page 36 of 37 Item 11: Future Meeting Topics De Weerd: Item 11 is Future Meeting Topics. Council, any topics for future agendas? Hoaglun: No more odd ducks, please. Item 12: Amended onto Agenda -Session Per Idaho State Code 67-2345 (1)(d): (d) To Consider Records That Are Exempt From Disclosure As Provided In Chapter 3, Title 9, Idaho Code De Weerd: If we could only control that. I think our Police Department calls it job security. Council, I guess at this point we did add something to our agenda, an Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1)(d). Hoaglun: Second. Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:46 to 9:44 p.m.) Bird: I move we come out of Executive Session. Rountree: Second. MOTION CARRIED: ALL AYES. Bird: Move to adjourn. Rountree: Second. MOTION CARRIED: ALL AYES. Meridian City Council June 5, 2012 Page 37 of 37 MEETING ADJOURNED AT 9:44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) D~/P~ E D ~ JA~EE~HC~L~AN, Y LF~~~`-'°~ ~~ (i 4Y ~ ,P ~r~RO<<Ce TREAS~QQ