Loading...
HomeMy WebLinkAbout2012-07-03~~E IDIAN>-- CITY COUNCIL REGULAR MEETING AGENDA Tuesday, July 03, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Arthurs Clemens with MGT 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of June 12, 2012 City Council Workshop Meeting B. Approve Minutes of June 19, 2012 City Council Regular Meeting C. Professional Services Agreement with Dr. Ian Butler-Hall for Medical Director Services D. Water & Sewer Easements for Touchmark E. Approval of a Sanitary Sewer and Recycled Water Main Easement with Rod and Tami Shaul for the Pine Connector Sewer Trunkline F. Approval of Award of Bid for "Smoke Alarms" to Asset Lighting and Authorize the Purchasing Manager to issue a purchase order for the Not-To-Exceed amount of $37,706.00 6. Items Moved From Consent Agenda Meridian City Council Meeting Agenda -Tuesday, July 03, 2012 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7. Action Items A. Public Hearing: MDA 12-003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrowwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195857) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision Approved with Conditions Page 3-17 B. MFP 12-001 Hollybrook by Kevin Howell Construction Located West Side of N. Arrowwood Way; North of E. Ustick Road Request: Final Plat Modification to Revise Note #11 to Remove the Requirement for Common Driveways on Lot 4 and Lots 9- 13, Block 4 AND Reduce the Length of Common Driveways Easement on Lots 5-8, Block 4 from 56 Feet to 38 Feet Approved with Conditions Page 17-18 C. Amended onto the agenda: Executive Session Per Idaho State Code 67-2345 (1)(d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code 8. Department Reports A. Legal Department Report: Special Events Code Updates 9. Ordinances A. Ordinance No. 12-1519: Amendments to Meridian City Code Provisions Regarding Temporary Use Permits for Special Events Approved Page 19-20 10. Future Meeting Topics None Adjourned at 8:13 p.m. Meridian City Council Meeting Agenda -Tuesday, July 03, 2012 Page 2 of 2 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 July 3, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, July 3, 2012, by President Brad Hoaglun. Members Present: David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Kyle Radek, James Leslie, Parry Palmer and Dean Willis. Item 1: Rol!-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Wefl, let me call this meeting to order. It is Tuesday, July 3rd. It's 7:00 o'clock and you are at the Meridian City Council meeting, so if you weren't needing to be here, you're in the wrong place. But if you mean to be here, you're here on time in the right place. We are going to start this evening's meeting with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Hoaglun: Our next item on the agenda is the Pledge of Allegiance. Would you all rise and join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Arthur Clemens with MGT Hoaglun: We will now be led in our community invocation by Arthur Clemens of MGT Legacy Church and as he's coming up I'd ask everyone in the audience to join us in the invocation or take this as a moment of personal reflection. Mr. Clemens, great to have you here tonight. Thank you. Clemens: Heavenly Father, we thank you for -- first of all for this great country in which we live. We are one of the greatest countries in the world as far as I'm concerned. Thank you, Lord, for these councilmen and the different -- the staff of the City of Meridian. We pray, Lord, that you would bless them, provide for their needs and, Lard, we pray especially tonight for these people that have to make decisions. It doesn't matter if they are difficult, you will give them the wisdom and the courage to make the right decision. Bless this meeting we pray in Jesus' name, amen. Meridian City Council July 3, 2012 Page 2 of 2D Hoaglun: Thank you, Mr. Clemens. Was this your first time doing this time? I don't recall you having done this here before. Clemens: Yes. First time. Hoaglun: Well, we will give you a City of Meridian pin. Come on up. As a small token of our appreciation. Clemens: Thank you. Item 4: Adoption of the Agenda Hoaglun: Next item on the agenda is the adoption of the agenda. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: With the following changes to the agenda, we wish to add a 7-C, which would be an Executive Session per Idaho State Code C7-2345(1)(d) and Item 9 the ordinance number proposed is 12-1519. And with that I move adoption of the agenda. Zaremba: Second. Hoaglun: We have a motion and a second to adopt the agenda as amended. All those in favor say aye. Any opposed? Agenda is adopted as amended. ALL AYES. MOTION CARRIED. Item 5: Consent Agenda A. Approve Minutes of June 12, 2012 City Council Workshop Meeting B. Approve Minu#es of June 19, 2012 City Council Regular Meeting C. Professional Services Agreement with Dr. Ian Butler-Hall for Medical Director Services D. Water & Sewer Easements for Touchmark E. Approval of a Sanitary Sewer and Recycled Water Main Easement with Rod and Tami Shaul for the Pine Connector Sewer Trunkline Meridian City Council July 3, 2012 Page 3 of 20 1=. Approval of Award of Bid for "Smoke Alarms" to Asset Lighting and Authorize the Purchasing Manager to issue a purchase order for the Not-To-Exceed amount of $37,706.00 Hoaglun: Item 5, Consent Agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move that we approve the Consent Agenda as published and the President to sign and the Clerk to attest. Rountree: Second. Hoaglun: It's been moved and seconded to approve the Consent Agenda. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Hoaglun: Item 6. There were not any items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: MDA 12-003 Hollybrook by Kevin Howell Construction Located at West Side of N. Arrvwwood Way; North of E. Ustick Road Request: Amend the Recorded Development Agreement (Instrument #105195837) for the Purpose of Modifying the Concept Plan and Building Elevations Approved with the Hollybrook Subdivision B. MFP 12-001 Hollybrook by Kevin Howell Construction Located West Side of N. Arrowwood Way; North of E. Ustick Road Request: Final Plat Modification to Revise Note #11 to Remove the Requirement for Common Driveways on Lot 4 and Lots 9- 13, Block 4 AND Reduce the Length of Common Driveways Easement on Lots 5-8, Block 4 from 56 Feet to 38 Feet Meridian City Council July 3, 2012 Page 4 of 20 Hoaglun: Moving to 7-A. We have both a public hearing and, then, a modified final plat related to 7-A, but let me go ahead open the public hearing on MDA 12-003 and we will start with planning staff. And, Bill, is that going to be you? Parsons: Yes, sir. Hoaglun: All right. Parson: Thank you, Mr. President, Members of the Council. The application before you tonight, again, is a development agreement modification and a final plat modification for the Hollybrook Subdivision. The site is located on the west side of North Arrowwood Way, just north of East Ustick Road, and was zoned -- it's currently zoned R-S. In 2005 the city approved a subdivision and a planned development for this property. The lots that I have highlighted before you this evening were allowed to have reduced lot frontages, setbacks, and lot sizes as well under the planned development. Also two homes are constructed on that -- on two of the lots currently. I would point out to you as part of that approval there was a development agreement and in that agreement there was a requirement for the applicant to comply with certain building elevations and a specific concept plan. Given the fact that the length of that block length, Council was concerned with how those lots would develop and what mechanisms would be put in place to control the development of those homes on that lot. So, the applicant came before you, showed you this concept plan. As you can see on my exhibit I have noted that the concept plan was approved with no parking pads. So, basically, you have two side loaded homes fronting each other, but no parking pads, so it makes it very difficult for homes to maneuver. The applicant -- the new applicant that's presenting this -- or is here tonight to talk about the application, submitted this photograph to staff to show how the two existing homes that are currently constructed on Lot 2 and Lot 3 do not work. So, basically, you have two garages fronting each other and as soon as one neighbor parks in the common driveway there is no other way for the adjacent neighbors to enter or exit the garage. So, here is what the applicant has proposed before you this evening with a revised concept and, of course, revised building elevations, In the exhibit above the proposed elevations I have kind of drawn in where the existing curb cuts exist for the shared driveway approved with the final plat and, then, show you how those lots would front on that chicane. Right now, if I can go back to the aerial as well, I wanted to point out to Council that this is actually -- the road itself kind of widens and, then, narrows to about a 20 foot wide cart way through there to try to slow down the traffic through this block length. I did go out to the site on Friday and measure out this site and the block length is aver a thousand feet, so this definitely is a warrant for some kind of traffic calming there and I think ACRD supported that back in the day as well. So, getting back to the concept plan here, staff is in favor of basically doing individual lots -- or individual driveways for these lots. The only issue before you is really how do we make the four lots that front on the chicane work. On this concept plan you can see the applicant proposing that two of the lots still continue to share a driveway and two of the outer lots that front on the chicane -- a portion of their driveways will be constructed on Lot 9 and Lot 4 and kind of invade those lots to serve as a driveway for those homes. !'d also point out to Council that those four homes that front on the chicane don't have Meridian City Council July 3, 2012 Page 5 of 20 the required 20 foot parking pads either. So, we really do have a real situation that we have created out there. So, here are the options that i want to present to you tonight. Option one is really to consolidate Lots 5 and 6 and 7 and 9 and create two parcels and that would allow the applicant to use the existing easement as platted and to have two homes rather than four homes front on the chicane and take access from the existing common driveway. One of the other options is, basically, just remove the chicane altogether. 1 have consulted with ACRD on that process. They do seem receptive to allowing the chicane to be removed, but they did iterate in their e-mail to me today that they would prefer some other traffic calming measures be put in place if that was pulled out. They suggested speed bumps. I know the fire department may have some concerns with that. So, I will direct that to Parry when the time there is. I did want to point out to the Council that we did receive some letters of opposition on the project. There is approximately four property owners adjacent to this site in the Sundance Subdivision. Three of the neighbors are asking Council to restrict the height of the homes to single story homes. I'd also let Council know that during my site visit on Wednesday the majority of the homes that back to these lots are two story homes constructed in Sundance. The elevations that were presented to you during hearing in 2005 were represented as two story homes. Also one of the neighbors submitted a DVD. She went out there and took a video of how the chicane works for you and some of the parking issues that she sees happening, if this is to continue as it's approved today under the development agreement. Would like to play that into the record for you so you can see haw things operate on the ground and in the field. I also wanted to let you know that we did receive some testimony in favor from the HOA for the Hollybrook Subdivision. They support the applicant's proposed change here that you see before you this evening and, again, as 1 mentioned, ACHD does support the removal of the chicane. So, with that I just wanted to at least open up that DVD and, then, I will close for any ~- pause for any questions you may have and ask the applicant to come up. (Video played.) Parson: So, I guess in closing, Council, I would just like to make a remark that staff is very supportive of individual driveways for the fact that it would actually relieve some of the parking issues that you saw with the two homes that are constructed. Staff also supports the elevations that the applicant has before you this evening. The only thing that staff isn't supportive of is this concept plan and how it shows the four homes fronting on the chicane and that's why we put those options before you this evening to ask you for your guidance on how the applicant should proceed. So, with that I'd stand for any questions you may have. Hoaglun: Thank you, Bill. Council, any questions for staff? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Meridian City Council July 3, 2012 Page 6 of 20 Zaremba: And, Bill, somehow I'm not locating in my mind what we are doing. If I'm correct, we are talking about the two existing homes having to move their garage? Where am I? I'm wrong here somewhere. Parsons: Sorry. Let me digress a little bit. Council President, Councilman Zaremba, the two lots --the two homes are constructed on Lots 2 and 3 currently. Zaremba: Okay. Parsons: The applicant this evening owns the remaining ten lots and those are -- so, this would be Lot 4 through 13. Two and three are just north of this lot here. So, as you are aware, we can't do anything about that. That situation exists and there is homeowners in there. Zaremba: But the objective is not to repeat that. Parsons: That is correct. Zaremba: Okay. Parsons: And that's why they are here this evening trying to come up with a solution so we don't repeat that over again. Zaremba: I think I'm oriented. Thank you. Hoaglun: Any further questions? If not, we will open up the public hearing for comment and, Jaycee, did we have anybody signed up? Holman: Councilman Hoaglun, normally we let the applicant come up first. Hoaglun: Oh, that's right. Thank you. Holman: And I will go grab the sign-in sheet. Hoaglun: I forget that. So, is someone -- a representative of the applicant here today? You get to start. And you also get to close. She will probably remind me to do that, too. I forget about that one. State yaur name and address for the record. Marcum: I`m Derk Marcum. I live at 14364 East Highway 21 in Boise. Councilman, everybody. Yeah, what it is is this -- this property now, the way they had it situated out there after we went and looked at it, there is no off-site parking, so all the delivery trucks and everybody parks in the street. The people can't access their own garages, if there is a car in their driveway. So, we were trying to come up with a solution that would make it sa there is off-site parking and which with the straight front load garages that gives you total off-site parking for two or three cars. The lot constriction size requires, then, two story houses on mast of them, because now with the -- the way they want to Meridian City Council Juky 3, 2072 Page 7 of 20 do it now there is going to be 20 foot setbacks from the back of the sidewalk to the garage. So, that means that there is a 25 foot setback in the front. Sa, that constricts the size, makes plenty of room and that's what the building department asked for, because the old rules were a little different with the way it was approved before. They had smaller backyards and they could encroach in the front yard a little bit. So, the -- and, then, the straight-in access to al! these, the typical conventional style -- and on a -- you know, all the streets in Boise, Meridian, Nampa, Caldwell, are straight and everybody backs and drives in and out of the streets, which that slows the traffic down by itself. You know, you don't drive as fast. The only reason the people are speeding through there and driving fast is they are -- it's a straight road with no -- nobody on it. Nothing on it. And so as soon as you put houses on it or any access to the road, it automatically slows people down. So, in the -- I guess that's all the -- and it is a subdivision that's already approved the way it is, but it's not really going to work right, so that's why we are just trying to adjust it and put affordable homes in there that work for everybody. Hoaglun: So, you're not in favor of moving the chicane, just leaving it as is and just modifying the -- putting the front garage -- Marcum: Yeah. This is the proposal we came up to that isn't going to cause any heartache to ACHD or anybody. It just works with what's there. Hoaglun: Okay. Marcum: Sa, that's the reason we designed this design. Hoaglun: Okay. Questions from Council? Bird: I have none. Marcum: Thank you. Hoaglun: Not right now. All right. We don't have anybody signed up to testify, but is there anybody in the audience who wishes to testify on this issue? Yes, sir. State your name and address for the record, please. Howell: Kevin Howell. 4822 North Rosepaint Way, Boise. Members of the Council, we really don't want to lose two lots. By joining them together I don't think it really does a lot for it. Pius it just would be hard to sell something that has two lot values in it, compared to what's next door to it. As far as the chicane, I mean I wouldn't be so opposed to removing it. I wouldn't really like to bear the brunt of the cost myself, because what that would do is if the chicane was gone, then, obviously, we could just straighten those driveways out. 1 think that what we are looking at right here doesn't really show a 20-by-2Q pad is the way the architect drew it up in a hurry in the last couple days just to get this in. But that really isn't too hard to get two car parking and meet the code as far as those lots in front the chicane. But other than that I just think if Meridian City Council July 3, 2012 Page 8 of 20 we can keep the ten lots and work with the driveways a little bit. We can't really move the driveways anymore, because of -- especially in the chicane as the utilities are already there and it's hard to relocate. I think that's all I have to say. Hoaglun: Okay. Thank you, Mr. Howell. See if Council has any questions. Councilman Rountree. Rountree: Yeah. You spoke that it would be hard to relocate those driveways and the chicane because of the utilities. What utilities are you talking about? Howell: Power. Telephone. Water. The typical utilities that are on the property line. They are offset a bit because of that original ten foot easement and, basically, the curb cuts in that chicane are, oh, I don't know, 18 to 20 feet wide. And, then, just on the other side of that is all the utilities. Hoaglun: Any further questions? Okay. Thank you, Mr. Howell. Howell: Thank you. Hoaglun: Anybody else in the audience who wishes to testify? Because I think, Council, you had handed out to you earlier information from -- I had it here. Read it. From ACRD regarding Arrowwood Way and their concern that if it was to be removed, be replaced by another form of traffic calming device approved by ACHD and, of course, they don't want to pay for it either, so -- if that was to be removed, so -- Parry, did you have any comments that you wanted to discuss from the fire department's perspective? Palmer: Only if -- it would be our preference not to have the chicanes, just far the maneuverability of larger vehicles, such as the fire trucks in competition and we saw a delivery van, some larger pickups, that conflicting traffic in a chicane makes it very very tight. So, our preference would be -- and we have worked with the ACHD in the past for designing traffic calming devices that are conducive to fire trucks, but not pedestrian vehicles. Hoaglun: Thank you. Come on up, sir. Go ahead, state your name and address for the record. Bird: Richard Saul. 652 East Santiago and 1 live in Hollybrook. f didn't know what the plans were, but I'm familiar with that chicane. It's -- it's not a real good design piece of street as the fire chief notes. I think that two lots in the middle of the chicane are really bad, because that's a critical part where you go around. The two lots on the end of the chicane would feasibly work for that -- putting a house on I think. This is my personal opinion. But seeing the plans tonight I didn't know what was going to be entailed. But possibly the two lots in the middle could be a common area. Has anybody thought of that? I know the lots are useless the way they are, to tell you the truth. That common driveway wasn't a good idea. So, I thought maybe the HOA would work with the -- may Meridian City Council July 3, 2012 Page 9 of 20 have the two lots in the middle a common area of some sort, because the subdivision doesn't have any common areas so to speak. So, I'm not against building the homes, because our HOA needs the revenues, because those lots are -- have been idle for a long time. So, I sure wish we could move the chicane. That's my feeling. And make it straight. Thank you. Hoaglun: Great. Thank you. Let me check to see if anybody has any questions for you. Okay. Thank you, sir. Rountree: Mr. President? Hoaglun: Commissioner Hoaglun. Rountree: Question for Bill. What's the objection of coming off the crown, if you will, of the chicane, as opposed to the valleys that you show in your illustration? Other than replacing the utilities? Parsons: Councilman Rountree, are you referring to the interior driveway or the outside here? Rountree: In both cases. Relocating the driveways to the interior of the two lots on either side right there. Parsons: Councilman Rountree, there is really no objection to that. The applicant would still have to go through ACRD for that curb cut and take out that landscaping. They could plat another easement over top of that. We are just going off of what they submitted and the two viable options that I presented were just a couple ideas that I had off the top of my head. But they could always -- I don't know if ACHD would entertain them just cutting into the chicane, the landscaping, and just having that driveway back out into that. Again, it's that shape design that kind of makes it difficult and that narrow street section there for poor maneuvering. l guess my question for you is is it your intent to have a common driveway to share that still or still have individual curb cuts? Rountree: Just have individual curb cuts. You'd have more parking. You would have a little mare wiggle room in terms of moving the frontage of those homes a little closer to the -- to the back of sidewalk. Obviously, you might have to relocate the utilities and the chicane is gaing to be a problem as long as it stays there, and, then, willingness on the part of the owner to get involved with the burden of having to relocate that and that's a condition that we have received from the ACRD that if it is to be removed that's going to be -- the cost is gaing to be borne by the developer. So, I'm just trying to look at the -- to me that's a better solution in terms of site and the conditions you have gat out there. I think it works better. As opposed to eliminating a lat or two. Hoaglun: Councilman Rountree, just to make sure I understand what you're asking there of Bill was having those come out straight? Meridian City Council July 3, 2012 Page 10 of 20 Rountree: Uh-huh. Hoaglun: And Lots 6 and 7, the two interior ones, they would also come out straight, you weren't proposing that they -- you would flip the plans and have them come out in to -- Rountree: You could swap the plans and the driveways come out straight on all four lots. Hoaglun: Okay. All right. We will have the -- one second. One second. I want to make sure if there is anybody else that had any other comments, because, then, we will have you come up and we will get to that matter, so I think -- I think we don't have anybody else to testify -- Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: This isn't really a question or even a comment, it was just kind of a musing, but can you put the aerial view back an this? And when was it, eight or nine years ago when this came before the Planning and Zoning Commission where I was at the time, I remember struggling with this and we haven't came up with a better answer since. The issue is that the piece of property available isn't really wide enough for homes and a street. it wouldn`t be wide enough for homes and a street. It would be wide enough far one or the other and the only way to do it is to have that long stretch of street -- and the struggle at the time was to figure out, okay, what kind of traffic calming could go there and we struggled with speed bumps, we struggled with an island -- a landscape island in the middle of it and how you would bulb out around that. We struggled with various ways of bulbing out the curb. The chicane is not a perfect solution, but it was the final end result and it was a kind of a let's try this, as opposed to any of the other options and it's still a difficult piece of property to develop and I definitely feel for the owners and the developers. It hasn't gotten any easier to deal with in the eight or nine years that this has been going on. And I don't really know what the answer is, but Ijust -- I wanted to comment that the chicane was not the only thing considered at the time it was decided that it was the best solution and that even as ACRD continues to say today there still needs to be some kind of traffic calming there. If the chicane is removed something else has to be put there. I guess that's just history, it's not really a direction. Hoaglun: Okay. Thank you, Councilman Zaremba. Derk, did you want to come up and -- Marcum: He says 1 can use the pointer here, so I will try to -- Hoaglun: Yeah. He will -- Kyle will come up and we will help you with this and -- Meridian City Council July 3, 2012 Page 11 of 20 Marcum: Okay. So, after I heard his idea there, all these other houses, you guys, are flipped over to miss the utilities. That's what we already did to the plan on all the other houses. Is that working? Hoaglun: No, not working. Zaremba: It's working. Marcum: Because the utilities were on this side and we flip them over and the driveway is coming on the opposite sides, because that's what we had to do. Rountree: That's fine. Marcum: So, the chicane idea would be flipping like them over and coming out with the driveway and a!I`s we do -- because fhe sidewalk, you just go over anyway that's way back there on the property, we just have a curb cut here that would come out. So, that would be.very doable, because it's a curb cut through landscaping. So, I'm telling you the utilities wouldn't be in the way -- that's avery -- huge driveways, because there would be -- you know, there are still behind -- straight driveways behind the curb. Rountree: Can you can do that on all four lots? Marcum: We could do that on all four of them. Rountree: Okay. Marcum: After I thought of that it's just a little curb cut and a little single curb out there with ACRD. It's weird -- I haven't looked at the chicane across the street, how they all work out on that situation. Hoaglun: Bill, could we go back to that overhead? Because that was a question I had was if they match, then, you're going to have the same distances, because the width of the road doesn't change, so -- Marcum: Right. Parsons: What) can do is pull up that DVD again and maybe pause it on the chicane, so you can see kind of a street view of what's happening there. Hoaglun: So, the four lots we are talking about, Derk, are coming up on -- they are on the left right through here? Bird: Yeah. Right there. Marcum: So, see, there is where the driveway -- well, 1 guess we are not -- my pointer isn't going there. See, like there is where the kind of plans -- see how that utility there, Meridian City Council July 3, 2012 Page 72 of 20 then, you would move the driveway to the opposite side. Is this working, you guys, ar not? Hoaglun: No. Since this is a movie it won't work on this one, so -- but we understand, so -- Marcum: Okay. See where the driveway is here and the utilities are on the side? We would be moving it over in there just a little. Hoaglun: Okay. I think we picked that up on the microphone. Okay. Thank you. Any other questions from Council of the applicant or staff an this issue? Friedman: Mr. President, Members of the Council, I think if that's the direction Council wants to go, we either -- if you want to act on this tonight we can draft a condition to do so, but 1 think what we really need to da is bring ACRD into the conversation and possibly bring Mr. Howell's architect into the conversation also to make sure that we can make this all work in terms of getting those driveways in there, allowing it to function in that chicane and, then, making sure that we have the 20 foot parking pad that is missing on those two lots, which was the basis of the recommendation in the first place. So, it's up to you if it's your pleasure to act on this tonight and make that conditional or bring it back in two weeks after we have had a chance to talk to ACRD and their designers. Hoaglun: Councilman Zaremba? Zaremba: Mr. President, I would just comment that I support the idea. I think Councilman Rountree had a very good idea and I would like to see it explored, but that would be the question, do we want to put a condition an it tonight or do we want to see it again two weeks from now. I might tike to let ACHD weigh in in the meantime and have it come back two weeks from now. Hoaglun: Okay. Would you like to hear what the applicant has to say about that? Zaremba: Yes. Hoaglun: Okay. Mr. Howell. Howell: Would it be possible to turn us loose on the other ones white we worked on those four, in the essence of time. I don't think we have a problem with the chicane and stuff like that. I really think that the way you have got --flipping them with the driveways coming out worked pretty good. You know, I have developed, I don't know, subdivisions in Meridian and several thousand lots, so I'm pretty familiar with the situation and haw would have handled it to begin with and I'm really not that -- I don't think the chicane is that bad of a deal, compared to what the speed bumps are. I know that the people in Hollybrook -- I have talked to them, I have built a lot of homes in there and they are not really into this -- they don't like the speed bump idea. They are not real thrilled with the chicane either, but it does slow people down, especially when there is people coming. Meridian City Council July 3, 2012 Page 13 of 20 Rountree: Sure. Howeil: But if there is nobody there they are going to go straight through. But, you know, we have -- it would be nice if we can get in the planning stage on some of fihe other ones while we work on -- on those four, if possible. But we will be cooperative on whatever. Most of these suggestions are right in line. Think of the same thing, Hoaglun: Let me ask, Mr. Howell, of staff, Pete or Bill, what -- is that -- that's doable? What does that do? Friedman: Mr. President, Mernbers of the Council, I believe what you would have to do tonight would be, then, to approve these modifications with a condition that it's conditional on ACHD's approval for those specific lots. Then, we would come back next week with those findings, you could adopt those as part of your regular meeting next week. That at least gets them moving on some of these lots, If there is -- there is an element of risk for Mr. Howell that if it's not workable with ACRD, then, we may be back before you on those four lots. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Again, this is orienting me. Wouldn't Lots 4, 9, 10, 11, 12 and 13 -- aren't they staying the way they were already approved? We are really only changing five, six, seven and eight. I can see by head shaking that I didn't get that one right either. Friedman: Very polite head shaking, Council Member Zaremba. Again, in summary, what happened with the original approval is that you have a concept plan that shows the shared driveways and face-to-face garage situation, so -- Zaremba: For all sets of lots. Friedman: For all -- and the essence of the application tonight is to change that to those straight in driveways. Zaremba: Okay. Hoaglun: One further question then. If we were to go that route and yet to be determined, but what does that do to the modified final plat? Would we approve that tonight with those conditions and attach a modified DA to that or does that get put off as well? Friedman: You can do both tonight and if for some -- again, there is an element of risk. You could craft a condition that the lots that apparently have the straight-in driveways are approved and Chase four lots that they would be allowed to have the straight-in Meridian City Council July 3, 2012 Page 94 of 20 driveways to allow curb cuts into the chicane based upon ACRD approval. Now, we do have the ability, hopefully -- we still have Thursday, Friday, and Monday to talk to ACHD also and if for same reason that's not going to be workable, then, we don't bring the findings back to you next week, we bring them back when we come up with a workable solution. Hoaglun: But only the workable solution far the four lots that -- that are under -- we are trying to fix. Friedman: Mr. President, Council Members, I believe that it sort of all has to go together as one approval, but maybe Mr. Nary can tell me I'rn all wet, but, you know, again, it's conditional. You could approve the development agreement and the plat modification to allow lots -- they would have to give me the numbers, but to have a straight-in driveway and for the four lots, five, six, seven and eight, they would be allowed to have straight-in driveways, cut into the chicane with ACRD approval. If Council -- if that's the pleasure of the Council and you vote that way and we bring back findings next week and you adapt those findings, these are the conditions. The element of risk is if for same reason it doesn't work with ACRD on the chicane, then, we will be back. It at least gets them started on the other lots and we might have to come back for another modification. Hoaglun: And I think, Mr. Howell, that's all you're asking is these four lots we got to figure that out still. Let's go through the process, but try to at least move the others along. Is that -- Howell: Correct. I'd like to be able to get at least in the design process. If I know what the rules are going to be, then, we can work with those. You know, like on -- I'm sorry, forgot my glasses, but Lats 13, 12, 11 and 10, get in the design process. I'm not worried about the risk of exchange, because I know you guys were all on pretty much the same page and I have been doing this for a long long time. Many of you remember me. We have kind of been in a little bit of a lull lately and not been developing much, but I know we can work something out on that, because there is so many alternatives. You know, obviously, I hate to bear the brunt of the cost of taking that thing out, because I didn`t put it in in the beginning. I wasn't the original developer. But, yeah, I'm -- we are willing to work with you on that. I trust you guys. I think we are on the same page. Hoaglun: Okay. Howell: Because 1 can always go back to the original development agreement and build it that way and -- if I had to. I don't want to, but -- Hoaglun: I understand. Understand. Mr. Nary, did you have any thoughts to weigh in? Nary: Mr. President, Members of the Council, I mean I think Pete's right. We really can't separate this. (mean it is all one development agreement, so we really have to Meridian City Council July 3, 2012 Page 15 of 20 put them all together. But it sounds Pike we can make the language at least workable enough sa that they can -- we can get a development modification back to you probably in about two weeks, depending on how fast, because you got to remember with the holiday tomorrow, our turnaround date fo put it on your agenda next week is Thursday and so if we get the findings approved next week our turnaround date is two days later to get it on your agenda. So, it doesn't move as quickly as you'd like to sometimes, so it might be a few weeks for Mr. Howell to have a development agreement modification to sign, but he can certainly get started on doing some of the things sooner than waiting on ACHD. Like Pete said, the risk is we have to come back for another modification. Howell: Yeah. And taking the time to do the design work. It takes time and helps me out if I can get going on it. Hoaglun: Pete? 1=riedman: Mr. President, Members of the Council, there is anofiher twist on that. We could draft those conditions and the options he has understand that it's not the best option for him is he could still go ahead and do the straight-in driveways on those four lots and remove the chicane and either ACRD approves it with the curb cuts into the chicane or he takes the chicane out. And that allows you to move forward with the same design concept on those four lots. That's if ACRD does not allow an alternation of that chicane. Hoaglun: But from what I heard from Mr. Howell and Derk earlier was that leave the chicane, don't want to spend the money to remove it. Howell: Excuse me. I don't have a huge problem with the chicane, but, you know, depends on how it comes out, obviously, 1 mean I wouldn't want to have to pay for it all by myself, but I have been stuck doing that many many times. I know how that works, so -- I mean it would be easy to ga I in there and do it, especially on somebody else's money. But if there was anything shared in there or whatever, you know, it just adds to the cost of the lots and the homeowner pays for that. but, no, we are open. We are open to that. Either way. But -- Hoaglun: Okay. Howell: I like the idea of flipping them and having the driveways came out into the -- kind of the apex of the chicane, because this gives us little longer driveways and I don't -- I don't think we -- Rountree: More parking. Hoaglun: More parking. Howell: -- and the activity on the street, it slows people down somewhat and be more cautious anyway. ]t's not like they are going very fast, but -- Meridian City Council July 3, 2012 Page 16 of 20 Hoaglun: No. Howell: That's it for me. Hoaglun: Not Dick. I called you Dick earlier. Zaremba: Mr. President? Hoaglun: Derk. And I had that written down. Thanks, Mr. Howell. Councilman Zaremba. Zaremba: I would just comment. It seems to me from a traffic standpoint it shouldn't make that much difference whether the driveways are at the low point of the chicane or at a high point of the chicane, if they are at the high point on this side, they are at the low point of the other side of it, so it's six of one, half a dozen of the other and I think that's a good solution. Hoaglun: And the good thing is it provides parking and gets vehicles off fihe street. f mean that's critical for the access. So, Council, I guess no more testimony? Rountree: One more question, Mr. President. Hoaglun; Councilman Rountree. Rountree: I'm seeing everything -- these are proposed elevations for the DA mod as well. Okay. Mr. President, I move on Item 7-A that we approve the modification to the development agreement -- Hoaglun: Close the public hearing first. Rountree: Okay. Go ahead and do that. Yeah. I move to close this public hearing. Bird: Second. Hoaglun: There is a motion and a second to close the public hearing. All those in favor say aye. Any opposed? All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: Councilman Rountree. Rountree: Mr. President, I move that we approve the modification of the DA for the elevations proposed and that a conditional approval of the DA to allow for straight-in driveways off of the chicane in the chicane section of fihe North Arrowwood Way, based on ACHD's approval. Meridian City Council July 3, 2012 Page 17 of 20 Bird: Second. Hoaglun: We have a motion and a second to approve MDA 12-003 with conditions as stated. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Discussion on the motion. I don't remember that we commented on whether Lots 5 and 6 should be combined and seven and eight should be combined. I don't see the necessity to do that. Rountree: Individual Pots. Zaremba: Yeah. Hoaglun: Individual lots. Yes. Zaremba: Okay. If that's understood, I'm ready. Hoaglun: Okay. We have a motion to approve with conditions. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Hoaglun: 7-D. MFP 12-001. What's the desire to do on that one? Rountree: Mr. President, I move that we approve the modified final plat, subject to approval from ACRD on the driveway relocation in the chicane section on North Arrowwood. Bird: Second. Hoaglun: We have a motion and a second to approve MFP pending ACRD approval. Any further discussion? Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. Meridian City Council July 3, 2012 Page 18 of 20 MOTION CARRIED: ALL AYES. C. Amended onto the agenda: Executive Session Per Idaho State Code 67-2345 (1y{d): To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Hoaglun: Thank you for coming and commenting tonight. Appreciate it. Next item is 7-C that was added on. It's an Executive Session per Idaho State Code and we need a motion to enter into Executive Session. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d). Zaremba: Second. Hoaglun: We have a motion and a second to enter into Executive Session. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: Motion carries. We are adjourned into Executive Session. MOTION CARRIED: ALL AYES. (EXECUTIVE SESSION: 7:47 p.m. to 8:10 p.m.) Bird: Mr. President? Hoaglun: Yes, Councilman Bird. Bird: I move we come out of Executive Session. Rountree: Second. Hoaglun: Motion to come out of Executive Session. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Legal Department Report: Special Events Code Updates Meridian City Council July 3, 2012 Page 19 of 20 Hoaglun: We are now at Item 8-A. Lega! Department Report. Special Events Code update. Mr. Nary. Nary: Thank you, Mr. President, Members of the Council. This is a very small update. We anticipate probably after this summer with some lessons learned from a variety of different activities in our parks we are going to be bringing back a more comprehensive change for special event ordinances, but there is just some dictum areas that are real important to stress right now. So, there is three changes fo the ordinance that's being proposed. One is to require a minimum 30 days that the applicant has to fife their application for the event. The second is that if they are going to have security guards they have to be licensed security guards within the City of Meridian and, third, if they are going to be serving alcohol they have to have servers -- trained servers to be serving alcoholic beverages at the event. We think these three will just cover it through us through fihis summer of some of the more critical activities that we have, and, again, we have some discussion -- probably do it at a workshop in the fall when we bring back a more comprehensive change to our ordinance. Hoaglun: Okay. Thank you, Mr. Nary. Any questions? Bird: I have none. Item 9: Ordinances A. Ordinance No. 12-1519: Amendments to Meridian City Code Provisions Regarding Temporary Use Permits for Special Events Hoaglun: That was 8-A. So, we have now before us 9-A, Ordinance No. 12-159 -- 1519. Holman: President Hoaglun, would you like me to read it by title only? Hoaglun: Yes. If you would, Madam City Clerk. Holman: City of Meridian Ordinance No. 12-1519, an ordinance of the City of Meridian amending Meridian City Code, Section 3-4-3A6B relating to temporary use permits. Amending Meridian City Code Section 3-4-3C6 relating to standards for special events and providing an effective date. Hoaglun: Thank you. You have heard the ordinance read by title only. Is there anyone who wishes to have the ordinance read in full? Seeing no one, Council? Bird: Mr. President? Hoaglun: Councilman Bird. Meridian City Council July 3, 2012 Page 20 of 20 Bird: I move we approve Ordinance No. 12-1519 with suspension of rules. Rountree: Second. Hoaglun: Motion and second to approve Ordinance 12-1519. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. It passes. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics Hoaglun: Item 10, Future Meeting Topics. Council, anything you wish to bring forth for future discussion? Bird: I have nothing. Hoaglun: Maybe not. Is there a motion to adjourn? Rountree: So moved, Bird: Second. Hoaglun: All those in favor say aye. Opposed? MOTION CARRIED: ALL AYES. Hoaglun: We are adjourned. Thank you. MEETING ADJOURNED AT 8:13 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) / ~.`~ / Z ~ ! ~. PRES. BRAD HOAGLUN DATE APPROVED ATTEST; GO~4O~~,,'L8D nuCLsr i r 9p 3 B ^ City of JAYCEE Fi~LMAN, CITY CLERK L/Vl ~ 1LJ~ 1C~~ .-IDA.HD .i ~ S T ., nFy~~B'~ ed e 'tR E (•SU~~,Py