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HomeMy WebLinkAbout2012-09-25I~1riN' ,~,,, CITY COUNCIL AMENDED MEETING AGENDA Tuesday, September 25, 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 Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. Approve Minutes of July 11, 2012 City Council Special Budget Workshop Meeting B. Approve Minutes of August 21, 2012 City Council PreCouncil Special Budget Meeting C. Approve Minutes of September 4, 2012 City Council PreCouncil Meeting D. Approve Minutes of September 11, 2012 City Council PreCouncil Meeting E. Agreement for Professional Services with M. D. Willis for Stenographic Services F. Business Associate Agreement Between Ada County and the City of Meridian G. Blood Draw Agreement Between Ada County and the City of Meridian H. Contract for Records in Bulk with the Idaho Transportation Department for Motor Vehicle Registrations Meridian City Council Meeting Agenda -Tuesday, September 25, 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. I. Contract for Records in Bulk with Idaho Transportation Department for Motor Vehicle Title Records 6 7. J. Contract for Records in Bulk with Idaho Transportation Department for Commercial Vehicle Registration Information K. Professional Services Agreement between Idaho Division of Building Safety and City Of Meridian for Mechanical Plan Review and Inspection Services L. Professional Services Agreement between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services M. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Plans Examiner Services N. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Inspection Services O. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Official Services P. Professional Services Agreement between Jackson Code Consultants, Inc. and City of Meridian for Fire Plan Review and Inspection Services Q. Professional Services Agreement between DMH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services Items Moved From Consent Agenda None Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update (Pg 4-5) B. Community Development: Business Registry Update (Pg 5-7) Meridian City Council Meeting Agenda -Tuesday, September 25, 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. Continued from August 28, 2012: Public Hearing: PP 12-010 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Preliminary Plat Approval Consisting of Five (5) Building Lots on 2.4 Acres of Land in an R-15 Zoning District Approved with Conditions (Pg 8-28) B. Continued from August 28, 2012: Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers Park, LLC Located at Southwest Corner of N. Meridian Road and W. Asby Drive Request: Conditional Use Permit Approval of aMulti-Family Development in an R-15 Zoning District Consisting of Thirty- Six (36) Residential Units on 2.4 Acres of Land Approved (Pg 8-28) C. Public Hearing: VAC 12-004 Southeast Corner Marketplace by The Land Group No. 2 Located Southeast Corner of E. Ustick Road and N. Eagle Road Request: Vacate a Public Domestic Water and Sewer Easement Platted on Lots 10-12, Block 1 of Southeast Corner Marketplace Subdivision No. 2 (File FP 07- 020) Approved (Pg 28-31) D. Public Hearing: SHP 12-003 Whitehawk Subdivision by GGR, LLC Located at 2134 E. Franklin Road Request: Short Plat Approval Consisting of Three (3) Building Lots on 2.11 Acres of Land in a C-G Zoning District Approved (Pg 31-35) E. Public Hearing: TEC 12-009 Three Corners by Three Corners, LLC Located Southeast Corner of Chinden Boulevard and N. Locust Grove Road Request: Two (2) Year Time Extension on the Preliminary Plat for Three Corners Subdivision Approved (Pg 35-41) F. Public Comment and First Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards First Reading (Pg 41-42) 9. Continued Department Reports A. Legal/Fire Departments: Collective Labor Agreement between City of Meridian and International Association of Fire Fighters, Local #4627, Meridian Chapter Approved (Pg 42-45) Meridian City Council Meeting Agenda -Tuesday, September 25, 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. 10. Ordinances A. Ordinance No. 12-1529: An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3; Title 3, Chapter 2, Section 4, of the Meridian City Code, Relating to the Issuance of Licenses for Liquor by the Drink, Wine, and Beer Approved (Pg 45-46) 11. Future Meeting Topics None Adjourned at 9:20 p.m. Meridian City Council Meeting Agenda -Tuesday, September 25, 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 Citv Council September 25. 2012 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, September 25, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Jamie Leslie, Mark Niemeyer, Kyle Radek, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I would like to welcome you here tonight at the regular meeting of City Council. For the record it is Tuesday, September 25th. It's 7:00 p.m. We will start tonight's meeting with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with the 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 us tonight, Larry. Bird: Thank you. It's always a pleasure to be here. Let's pray. Our dear Heavenly Father, I thank you for the leaders of our city. Recently I attended two funerals of people from Meridian and both of them indicated the reason they moved to this city was because it was a clean place and a friendly city to raise their families. I pray tonight that these fine leaders continue the legacy of good leadership. As I drive around the city now I see new construction and that means jobs and progress and I thank you for the planners and the building inspectors and decision makers that allows our city to continue to grow. Work is now beginning on Meridian Road and that will be a disruption for several months. I pray that we can -- the drivers will be attentive, the business Meridian City Council September 25, 2012 Page 2 of 46 owners will be calm and workers safe during this reconstruction period. I pray for our first responders, because they put their lives on the line for our safety and I pray for them and their families. Continue to watch over our children who are now back in school. Help us to keep them from prescription drugs, marijuana, bullying. May they look forward to school as they leave home each morning. Lastly tonight I pray for our young men and women who serve our country in the military. Keep them from harm and I pray that our foreign policies are proper and make sense. I pray that every decision made tonight will be in accordance with your will, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of notes for tonight's agenda. Under 8-F that is Ordinance No. 12- 1528. And under 10-A that is Ordinance No. 12-1529. With those noted, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of July 11, 2012 City Council Special Budget Workshop Meeting B. Approve Minutes of August 21, 2012 City Council PreCouncil Special Budget Meeting C. Approve Minutes of September 4, 2012 City Council PreCouncil Meeting D. Approve Minutes of September 11, 2012 City Council PreCouncil Meeting E. Agreement for Professional Services with M.D. Willis for Stenographic Services Meridian City Council September 25, 2012 Page 3 of 46 F. Business Associate Agreement Between Ada County and the City of Meridian G. Blood Draw Agreement Between Ada County and the City of Meridian H. Contract for Records in Bulk with the Idaho Transportation Department for Motor Vehicle Registrations Contract for Records in Bulk with Idaho Transportation Department for Motor Vehicle Title Records J. Contract for Records in Bulk with Idaho Transportation Department for Commercial Vehicle Registration Information K. Professional Services Agreement between Idaho Division of Building Safety and City Of Meridian for Mechanical Plan Review and Inspection Services L. Professional Services Agreement between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services M. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Plans Examiner Services N. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Inspection Services O. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Official Services P. Professional Services Agreement between Jackson Code Consultants, Inc. and City of Meridian for Fire Plan Review and Inspection Services Q. Professional Services Agreement between DMH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? Meridian City Council September 25, 2012 Page 4 of 46 De Weerd: Mr. Hoaglun. Hoaglun: No -- nothing to add on the Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and 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: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So we will move to Item No. 7 under Department Reports. We will start tonight's meeting with the Mayor's office. Our MYAC representative. Paige Carstensen is here to report to you. Paige is the vice-chair of the Mayor's Youth Advisory Council. Thank you for joining us, Paige. Carstensen: Madam Chair and Members of the Council. So we have had three exec meetings and two general meetings. For last night's general meeting we had about 60 in attendance. We have had two big events, the community block party -- well, that we have been a part of. Community block party and Celebrate My Drive. We have established our subcommittees and nothing in the .subcommittees really except planning. And we have had two speakers come in. De Weerd: So, thank you, Paige. Council, the youth council has just got up and going and I know that Councilman Bird stopped by after our first informational meeting where Kendall, our chair, had kicked everything off and we had 120 youth in attendance and probably about 30 parents and we were really appreciative of the parents being here to see what their youth might be engaged in. I know that we received a number of notices from some of those parents and kids that couldn't be at the first meeting, but as Paige mentioned, we had about 60 in attendance last night and got kicked off in good fashion. So, any questions for Paige? Meridian City Council September 25, 2012 Page 5 of 46 Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Paige, just curious. What -- are there -- do you see any themes that they would like to work on in the coming year, anything starting to emerge yet or is it too soon to tell in the process? Carstensen: Nothing too big yet. We have had a few talks about maybe changing our dinner auction this year to more something else. We are not exactly sure yet, but we have ideas. Hoaglun: Madam Mayor and Paige, follow up on that. But you would still -- it would still be a fundraiser and money going to something you choose in the community, some nonprofit or something like that? Great. Well, good luck with that. De Weerd: There is the three subcommittees of government affairs, community service and teen activities council, they all met for their first meetings, just tossed around ideas. They will be coming back and discussing them further at our next meeting. They meet twice a month, the second and fourth Mondays of each month and they will start firming up the. direction for the coming year.. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba I just want to comment the previous years MYAC has increasingly set the bar higher and higher and I look forward to the contributions that you're all going to make this year. I think you have some wonderful opportunities and I'm looking forward to what you do. Carstensen: Thank you. De Weerd: Well, I will tell you we have a new set of officers and they kicked off the summer attending the Association of Idaho Cities youth conference and quickly became leaders there and it was really nice to see how they melded as a group as well. So, I'm excited with our leadership, with the creative ideas that they have had, and certainly would like to recognize Ken Corder for his role that he's played. He, too, was new, as are all of our officers. None of them were involved at the executive council level, but they were all involved on the youth council and I'm really excited to see what they create in the year ahead. So, thank you for joining us, Paige. B. Community Development: Business Registry Update De Weerd: Item 7-B is our community development administrator or our community economic development administrator. Hi, Brenda. Meridian Cily Council September 25, 2012 Page 6 of 46 Sherwood: Hi. Madam Mayor, Members of the Council. Tonight I see you have a full plate tonight, so I'm just going to take a couple moments. When I gave you my economic development update we talked about moving forward with a business registry. What you're receiving right now is a copy of the proposed application and the other one is a timeline, so that you're aware of the activities that I'm going to be going through between now and when we reconvene again on November 13th. So, I just wanted to point out a few things. Number one on the registration form you will see we tried to keep it as unobtrusive as possible. The second page we do have a part that, of course, we said was one of the very important pieces and that was making sure that our public safety officials and responders were actually kept safe and so, therefore, we want to make sure that we have data sheets that will tell them if there are any hazardous materials and there will be a link on this electronically so that they can check those off. Now, this does not mean -- and I want to reiterate this -- this does not mean that once they check that box it gets shot over to fire. What it means is that we are going to put this information into Accella and pull out that information, but more importantly when they show up at a fire or an emergency situation it will tell that there is hazardous materials there and that will be something that will go into our Accella and, then, go into their system. Also you will see that one of the important things that both police and fire asked us was to make sure that we had emergency contact numbers. So, oftentimes they have, gotten to an emergency situation and cannot get into the building or they are just not sure what's on the premises. So, you will see that on there as well. So, that's something I wanted to point out to you. This is proposed and I welcome your feedback. You have a chance to take a look at it and between now and the 13th we can have those discussions. Another piece that I wanted to point out -- I gave you a little planner for the next couple of months. We are conducting the focus groups right now. We have already started with the chamber and this next week we will have a sit down chamber focus group with our economic development committee. And so we will be digging into this application, what are their concerns, and developing those questions that everyone will have. In addition to that we will also be presenting this to the Core. The Meridian Economy Development Council. And we have also started scheduling some one-on- one meetings with industrial companies, because we want to make sure that we are getting a decent cross-section of all the companies that are here in Meridian. So -- and I will send you out a list of those dates. I encourage you to come join us during these -- these different focus groups. So, any other questions that you might have. We will come back on November 13th. I will give you all the findings that I will be gathering and give you a report with Ann Neville Roberts and so here is where we stand at this point. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. And I know that Brenda, after her initial discussion at the beginning of the month, said she would come back to you with a time frame and what her outreach would be. So, that's why we had her back on the agenda so soon after being here in Meridian City Council September 25, 2072 Page 7 of 46 front of you, but if you have any questions -- if you don't have them tonight, but if you do come up with suggestions or ideas or concerns, please, feel to contact Brenda directly. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree Rountree: The town hall type meeting you indicate for October, will that be in City Hall or -- Sherwood: Yes, it will be. Rountree: -- with the chamber? Sherwood: And I will shoot you the list of all those meetings, so that you can attend. Rountree: Thank you. Sherwood: Sure. Hoaglun: Madam Mayor, I did have a question for Brenda and that -- what are we looking at costwise for developing this? I mean are we -- do we have all the finance software, IT Department cost, as well as your part of the cost included in this? Sherwood: What we are still looking at is what it would cost to implement the program through the city clerk's office. However, the application is done. Accella of course you know has been implemented through planning, so they right now are putting that information together. So, at this point it will be just one additional person to kind of go through this program, make sure that all the information is entered into the system. Hoaglun: Okay. Thank you. Sherwood: Sure. De Weerd: Okay. Is there anything further from Council? Bird: I have none. Rountree: I have nothing. De Weerd: Thank you, Brenda. Sherwood: Madam Mayor, Members of the Council, thank you very much. Meridian City Council September 25, 2012 Page 8 of 46 Item 8: Action Items A. Continued from August 28, 2012: Public Hearing: PP 12-010 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Preliminary Plat Approval Consisting of Five (5) Building Lots on 2.4 Acres of Land in an R-15 Zoning District Approved with Conditions B. Continued from August 28, 2012: Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers Park, LLC Located at Southwest Corner of N. Meridian Road and W. Asby Drive Request: Conditional Use Permit Approval of aMulti-Family Development in an R-15 Zoning District Consisting of Thirty- Six (36) Residential Units on 2.4 Acres of Land De Weerd: Okay. We are on Item 8 under Action Items. Items 8-A and B are continued from August 28th on public -- on their public hearings for PP 12-010 and CUP 12-006. Council, you continued this specifically for staff to come back with answers that you had brought up at that time, so I will turn this over to staff for the information you sought. Parsons: Thank you, Madam Mayor, Members of the Council. Madam Mayor stated that correctly. Your direction was given to actually the Legal Department to come back and render a decision for you on the applicability of the rezone and the DA on this site. But I did want to let Council know that there has been some additional public testimony that we received and that should be in your packet this evening and taken under advisement as well. At this time I will just go ahead and turn it over to Mr. Nary and have him advise you on what his findings were. De Weerd: Thank you, Bill. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. At your last meeting what you asked for specifically was a couple of legal questions to be answered. The first was whether or not the original development agreement that was put into place was the application for Cedar Springs back in the -- the original application back in 2000 and was ultimately approved by the City Council in 2002 with a development agreement. The property was zoned R-4 at that time. It was approximately a little over a hundred acres, 264 building lots, 31 other lots at the time R-4 zoning is the residential for single family residential development. That was what was included in the development agreement in 2000, ultimately again in 2002 was when it was signed. In that development agreement there was some language about the single family residential development that was mandated by the development and of any changes, modifications, or amendments to that agreement were done the method in which that had to be accomplished and that was, basically, a public hearing process that would have to be done before any modification could be done. So, then, in -- so, the question Meridian City Council September 25, 2012 Page 9 of 46 on whether or not it's applicable to this parcel now, the answer is, no, it's not and the reason it's not is because of the modification that was done in 2004. So, in 2004 a request was made by an applicant, the owner, to develop one portion of this property and that property is what's in front of you now as Mulberry and that was -- at the time was called Cedar Springs Place and the application was to develop that particular parcel as an assisted living center. So, after public hearing and notice was done a public hearing was held and the City Council then in 2004 -- actually, it was also January of '05 when it was finally approved and signed, but the City Council after holding the public hearings granted the application to rezone the property from R-4 to R- 15. That, essentially, superseded any of the additional requirements, then, of the existing development agreement and it was modified pursuant to the terms of the development agreement that was in place. No amendment to the development agreement was done, but it's not required either in a rezone or in a -- even in an initial application to ever do a development agreement. So, it wasn't done at the time. It wasn't required to be done, but it wasn't done regardless. But the rezone was approved with a conditional use permit. So, the conditional use permit had a time period in which to effectuate its development. It has an 18 month requirement. There is a two year development to -- or two year requirement on rezones to begin development. A time extension was done later, but that's not really was the question in front of you and that's not really relevant to this. The rezone was done, the ordinance was approved, no application for appeal or any issue on notice or opportunity to be heard ,was brought forward, so the rezone was completed in 2005 and an R-15 zone was then attached to this parcel. So, then, what's in front of you now is merely the property that's in front of you with an R-15 designation. So, the property has the ability to develop with whatever is allowed under our current Uniform Development Code for an R-15 with whatever conditions are necessary to make it compatible with the surrounding neighborhood and that's what's really in front of you now is whether -- the issue is not before you on whether to approve or deny this application. The issue in front of you is whether or not a conditional use permit is necessary and what conditions are necessary to make it compatible with the surrounding neighborhood. So, there isn't a -- there isn't a decision for you today on whether to approve or deny the application, it's whether -- what conditions are necessary or appropriate to make it compatible with the surrounding neighborhood. The other question was brought forward has been raised in some of the public testimony in the last hearing was whether or not the notice was done properly in 2004. If you recall. If you recall even then I had advised you was that, again, there was a finding made in this public hearing in 2004 that all the noticing was done properly. You have as part of your packets the addressing sheets and such that were provided at the time. There was an affidavit by the developer that all the noticing was done. As you all know, noticing is done in three forms. Noticing is done by notification -- is done by notification on the property itself, notification in the newspaper, and by mailed notices to property owners within 300 feet of the boundaries of this parcel. In 2004 that was all done. There was some question by some of these people testifying in the prior hearing that they may have lived within that space within 300 feet and may or may not have received notice in 2004. That's a settled issue at this particular juncture. No court is going to overturn that issue. If there was a concern that notice wasn't properly done it would have had to have been raised in the appropriate time to appeal this issue back in Meridian City Council September 25, 2012 Page 10 of 46 2000 -- ultimately 2005. So, after the -- after the decision was done and the ordinance was approved, there was a period of time in which to appeal that decision of the City Council. No appeal was done. Therefore, the zoning is done and is complete and there is no reversal of that zoning that's available to this Council at this point. All that you have, then, is an R-15 zone. R-15 zones have some very limited allowed uses and R- 15 for most of the uses in there, which this was one of them on these multi-family developments -- require conditional use permits and that's what's in front of you now. So, there isn't any decision point on the approval or denial, it is really on the conditions that we did hear testimony at the last one on the conditions that are being required, including maintenance and the requirements on landscaping, all the other things that our code requires for this development to be completed. Again, there isn't an issue on default, there isn't any issue that the development agreement doesn't apply or, excuse me, there isn't an issue that we can apply the standards of the 2002 development agreement, because that was superseded by the rezone action in 2004. So, if you have any other questions I can answer them for you. De Weerd: Council, do you have questions for our attorney? Bird: I have none. De Weerd; Council, I .know you continued, the public hearing for specific items, but, I would like to offer the opportunity if someone did not get an opportunity to express an opinion at that time if they have new information to share to open it up for that before you close the public hearing. Would you be open to that? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would agree to that. If they didn't have the opportunity to testify at the last meeting to go ahead. I'd love to hear something new, but if they weren't at the last meeting they don't know what was said, but if -- hearing the explanation of the city attorney of what we are looking at, that this is regarding the conditional use -- excuse me -- it's catching, Councilman Bird. We -- so we are very limited in our scope, because I know in some of the written testimony people want us to revert the zoning back to where it was. That is not within our purview. That we cannot do legally. But I would say if someone was not at the last meeting or if they were and did not speak, to allow them to speak and hear their thoughts on this, so -- De Weerd: Okay. I do again have a sheet that shows those that are in opposition and we appreciate you signing in and showing again for the public record your position. I would also invite anyone who did not have an opportunity to testimony at our last meeting in August to -- if you would like share any testimony at this time to please come forward. It will be part of the record, but I would just ask that those that would like to provide testimony at this time to come forward. Otherwise, I will ask Madam Clerk to Meridian City Council September 25, 2012 Page 11 of 46 just read these names into the record with the stated mark for or against or neutral Okay. Good evening. If you will, please, state your name and address for the record. Morrow: My name is Ann Morrow. My address is 3787 North Alexis Way in Meridian De Weerd: Thank you, Ann. Morrow: I was at the last meeting, but I didn't say anything, because I had never been here before, but the thing that I think that needs to be considered -- we bought our house three and a half years ago, so the subdivision was pretty much developed at that point, but we noticed this piece that looked like part of the park to us and we wondered why it wasn't developed as part of the park. We didn't realize and hadn't really asked any questions about that, but it looks like it should be part of the park and that's what we thought it was and we were wondering why they didn't use it for parking, which was, obvious, something that's a problem there and with the development of Ustick and Meridian Road, if those are widened -- I don't know if any of you have been by when there has been events going on there, cars line both sides of Meridian and at least one side of Ustick, because there is no parking and so to me it seems like that piece of land would be very well used as parking for the park and it would look like it belonged there, rather than having a piece of land that has buildings on it that don't even go with the buildings around it, and it would be good to be with the park. It looks like it's part of the park. We thought it was part of the park, but we didn't know why it wasn't developed. It would solve part of the parking problem even now, even before those two roads are widened and provide quite a bit more parking. You can see on here where the parking is and that would add, really, quite a lot of parking to and it would help that a lot. The thing I was thinking of is the city, obviously, cannot probably have the money to buy that property. That's probably -- I don't have no idea what it's worth, but I'm sure that the city, like everybody else, is under constraints of that type of thing. But I was wondering if there might possibly be a piece of land that this city owned someplace else that would be more suitable for this kind of development and that it could possibly be traded in a way so that this property could be part of the park and that they could do their development in another area that would be more suitable for this kind of building. De Weerd: And I'll just respond we did look at that piece at one time for parking and it was too expensive for the city. We are putting in parking just to the west of the ball fields for additional parking issues and we have worked with the school district and in partnership in getting that done, along with the Police Activities League and Meridian Youth Baseball. So, we have found a solution to some of the parking challenges. Morrow: And west of there is good parking places, especially for that side of the park, but I would say that probably most people who are involved in the east part of the park will probably still park along Meridian and Ustick to get to the activities that they are attending there. De Weerd: Yeah. And I have certainly been in the park and driven by the park and there are empty spots that they could be parking in, but it's closer to whatever activity Meridian City Council September 25, 2012 Page 12 of 46 that they are trying to go to and, unfortunately, we can't quite get people to do what we think they should do, they do kind of what they want to do. But thank you for your testimony. Morrow: And this would be given in an area where there isn't parking right now. De Weerd: Thank you. Morrow: Thank you. De Weerd: Additional testimony? Yes, sir. Please come forward. And, Madam Clerk, I will ask you to -- after this to read those into the record. If you will, please, state your name and address for the record. Smith: Yeah. My name is Eric Smith and I live at 3635 North Staunton Place in Meridian and I have a question. Has everyone here already made up their mind as to the outcome of this meeting? I'd like to ask you that right now. De Weerd: Mr. -- Smith: So we know where we are at. Please. Have you made up your mind? De Weerd: Mr. Smith, they don't come with a mind made up. Smith: Really. When we were here -- De Weerd: Mr. Smith, I did ask for those that did not provide testimony and you did. Smith: I'm not making reference to testimony. I'm asking you -- it seems to me -- it appears like the last zoning meeting that we had at that meeting I sat here and Joe Marshall sat right there and he was shaking his head up and down to everything I was saying like he agreed with everything that I was saying. You were here. You remember. And I thought, well, I'm making some headway here. I'm hoping that somebody is hearing me and with what I'm saying is being understood as a community member speaking of my side of things and at the end of our conversation he ridiculed me and said that I was being discriminatory. He pointed at everyone in this room -- all these community members here that have something to say and it has to do with our CC&Rs. We were made a promise on our CC&Rs by the same gentleman who wants to take and develop this property and I have been asking all along if everyone has a copy of these CC&Rs that makes reference to single family, business, schools -- not necessarily in that order. Everything has to do with Exhibit C. Are we allowed to speak on Exhibit C. I know that our gentleman Mr. Nary -- excuse me -- Mr. Nary made reference to us that this had nothing to do with you guys. De Weerd: Mr. Smith Meridian City Council September 25, 2012 Page 13 of 46 Smith: But -- De Weerd: I'm sorry to interrupt you. Smith: Yes, please. De Weerd: But we are taking testimony on the application. We answered that question on August 28th. The CC&Rs are between the residents and the developer and they become a document that we don't see. This is a civil issue. It's not a city issue. Smith: Not when the same gentleman that's building on this property with the City of Meridian has a prior commitment with us in writing that -- De Weerd: Sir -- Smith: You guys are stepping over us. De Weerd: Sir, no. That is between you and your developer. We are not part of that agreement. Smith: You are part of it. De Weerd: I'm sorry, we are not, and I think we are going to have to agree to disagree, but -- Smith: And I'm familiar with that. De Weerd: Thank you for your time and I will ask you to sit down. Smith: All I can say is I really appreciate the subtlety while we shut up here and. that last part I agree with -- I think we all agree with -- with liberty and justice for all. Thank you very much. I hope you have a nice evening. I hope you make the right decision. Thank you. De Weerd: Thank you. Is there anyone else who would like to be heard? Good evening. If you will, please, state your name and address for the record. Coffey: Yes. My name is Lynn Coffey. I live at 3883 North Baron Way, Meridian. De Weerd: Thank you. Coffey: Thank you. We bought our home in 2004. At that time the paperwork, you know, from the CC&Rs, Exhibit C, we were talking about, which I know you have not had anything to do with, and as stated that that area would be a possible business lot in phase four. We were told it would be a senior community center and after the public hearing on August 28th, 2012, my wife asked the developer what happened to the Meridian City Council September 25, 2012 Page 14 of 46 senior community project. She was told there was not a need for it, since one was built at the corner of Ustick and Meridian Road. What was the delay for the developer to build that senior community when the R-15 zone was granted? Don't know. There is a large apartment community almost completed at Venable and Ustick, one block from the park. It will definitely impact the traffic on the surface roads and in our Cedar Springs neighborhood. My question is is there a real need for that apartment, since there was no need for the senior center that was already being built, is there going to be a need for these apartments since we already have one being built? I don't think so. .The neighbors and I are not against apartments, okay? We have lived in one for many years. My daughter has managed property for 18 years and some of our friends live there now. So, we are not against them. My last one, Ada County assessments show that I pay approximately 1,100 dollars in taxes. If you times that by the Cedar Springs 250 homes Meridian gets about 275,000 dollars and that's just a conservative estimate. Do these taxes from our -- this apartment community outweigh that of the 250 homeowners? I think we need a very good voice in this, a bigger voice, because we are paying an awful lot more. Our confidence in the city officials are beginning to diminish, because we have been given -- or led around here and there and everywhere else and I don't like it. We are asking our neighborhood, you know, to be nice, safe, and no apartments. Thank you. De Weerd: ,Thank you, sir. Okay. Anyone else want to provide testimony? Hi. Wilson: Hi. De Weerd: If you will, please, state your name and address for the record. Wilson: My name is Robert Wilson. I live at 3826 North Greenwich Way in Meridian De Weerd: Thank you. Wilson: In Cedar Springs Subdivision. My only concern was like the gentleman earlier spoke about the apartment complex that's currently being built on Venable and Ustick. You know, I just think, you know, the last thing we would really want to do is inundate this area with a bunch of apartment complexes. That's just pretty much my main concern. I don't know -- I know they are putting in over a hundred units in that area and it looks like that may be just phase one. De Weerd: Thank you. Wilson: You're aware of that? De Weerd: Yes. Okay. Any further testimony? Yes, sir. Brumfield: My name is Brian Brumfield. I live at 3916 North Greenwich Way in Cedar Springs Subdivision. Meridian City Council September 25, 2012 Page 15 of 46 De Weerd: Thank you. Brumfield: What I'm going to be talking about is what you have already heard plenty I'm sure, but I want to just reiterate some of the issues as well. I have lived in the subdivision since 2004 and it was my understanding that it was going to be an assisted living center and -- at least that's what our hope was. We -- you know, we enjoy the area. We love the park. We have a family and we take full advantage of that. The concern that I have is with the parking situation that we have now. I don't know if you have gone by recently, but this last Saturday flag football is in session and Meridian Road was completely lined, both sides of the road, and Ashby, the entrance into Cedar Springs Subdivision as well. And we have baseball games and that trickles into Ashton into the main entrance as well and over the course of the summer I have been taking pictures and I have been following through that and just this evening there were baseball games occurring as well and both parking lots on Meridian and on Ustick were completely wide open, but there is still cars parking on Ashton and so by expanding out this apartment complex that's going to bring more traffic. It's going to bring 36 units, which is going to have more than 36 cars and so the traffic coming in through there is going to be much more of a problem. As I drove through there multiple times during the summer along Ashby -- or on Ashton and Ashby cars were on both sides of the street picking up parking out of people's homes on the residential side and parking right at the intersections right on the corners of the intersections. Kids are running around. There is -- there is issues there and I know that this has been an issue that has come up several times on the parking in our subdivision. Another proposal is to put a temporary parking spot to the west and as we have stated before, there is still people that -- with the parking lots empty or not to capacity there is still parking in our subdivision and they are still moving up into Ashby and Ashton and it's -- it's getting temporary to where it's going to be quite dangerous and, you know, like I stated, there is not a lot new that I'm stating here, but it's definitely a concern that we all have and we want to keep -- keep our neighborhood to where it's safe for our family and for our children. Thank you. De Weerd: Thank you. Okay. Any further testimony? Yes, ma'am. You will need to come upfront. If you can, please, state your name and address for the record. Nowaski: Judy Nowaski. 670 West Ashby Drive. Wasn't planning on speaking, but addressing the -- De Weerd: Okay. Nowaski: One question here, I believe something that Mr. Nary -- Nary mentioned. You mentioned that there was like -- I think it was an 18 month time table in which to act on the proposal and I don't know -- I'm not wording it properly, but I was not wording it properly, but I was curious -- it didn't sound like it was after the problems within the amount of time, so I was curious about that. De Weerd: Okay. And I will ask them for clarity on that. Meridian City Council September 25, 2012 Page 16 of 46 Nowaski: Also just like everybody else has been saying about the traffic, I just wanted to know if someone -- you know, if a child has to get run over before this becomes a serious enough issue to reconsider. And that would sure be a shame. And whoever made the decision to before -- I don't know if they are still in office, but I would imagine a lot of people would like to know what those names are. We have the next elections come up. De Weerd: Okay. Ma'am, I guess I just want to clarity on -- the traffic situation with the parking on both sides of Meridian Road, we have addressed that. There will be signs that go up with no parking and our police are going to have to enforce that and so -- Nowaski: So where do those cars park then? De Weerd: In the parking lot. As he mentioned, most of the time the parking lot has parking available, but people are going to park closer to where they want to go and we found that on Ustick in particular as they were trying to park close to the field where their kids are playing so we did work with Ada County Highway District and got that signed and now we will be ticketing. Nowaski: One other thing that was mentioned was that you had talked with the school for the property that's down basically Venable and that. property that was supposed to be legislated for a school, my understanding is that you're going to try to use that for parking in the meantime, is that what I was hearing? De Weerd: Yes, ma'am. Nowaski: So, that's supposed to be a temporary fix, then, because eventually the school with still go in; is that correct? De Weerd: It is temporary until the school is built and, then, we will be using their parking lot. Nowaski: Okay. But still there will be overtlow. They will still be up and down the streets where children go -- will get run over. De Weerd: You know, it connects to the park, so -- Nowaski: Yeah. But that won't be enough still is what I'm saying. The park is growing -- or, you know, the usage I should say is growing and it's just mind boggling how many -- I can't even get out hardly from Ashby and Venable on the weekends. I have actually had friends come and ask if they can park in my driveway, because there is no parking over there. I believe it would be a shame to wait until a child is hit to take it seriously. De Weerd: We agree and that's why the signage has gone up, why our enforcement will be out there making sure people are parked where they are legally parked and we are adding 30 spots in the park itself and we are adding -- I don't recall how many in the Meridian Cily Council September 25, 2012 Page 17 of 46 temporary situation, but when the school is built certainly will add a lot more in addition to that. Nowaski: And it will drive them further into the subdivision though, parking up and down the streets there. De Weerd: We have worked with your HOA and there were options available to them if they got enough signatures to -- to have all of the residents agree and I think there was a stymied on that. We have tried working as part of that parking issue and continue to be willing to work with the neighborhood on that. Nowaski: Well, I agree with the other woman that said aparking -- a parking garage would be much better suited. De Weerd: Sir, I'm sorry, but you're being disrespectful. Someone is at the microphone. If you can, please, keep your comments to yourself. I'm sorry. Nowaski: Thank you. De Weerd: Yes, sir. You will need to put it on -- they have the last word and so certainly -- that is the protocol. If you can, please, state your name and address for the record. Hadley: Sure. My name is Ethan Hadley. I live at 706 West Ashby Drive in Meridian. De Weerd: Thank you. Hadley: I don't have a lot more to add. I was not at the last meeting, so I don't know what testimony has been given. They are all beating the parking horse to death. I personally want to say that -- you know, we talked about temporary parking. The lot is temporary, no matter how permanent you want to make it, it's temporary. I'm not going to beat that anymore. Another thing I want to add is it makes it really difficult if we in our subdivision try to have a neighborhood watch for people coming and going, it's virtually impossible to do that. So if we wanted to have anything like that I don't know how you would tell who belongs there and who doesn't with all the transients all the time. But mostly the question is where this is. In the last meeting -- the last meeting I attended was the Planning and Zoning meeting and it was brought up by Planning and Zoning that the reason why there is a road between the park and the houses is because Planning and Zoning felt it was inappropriate to put housing right up against the park and so my question for them, which was never answered, is why -- if it wasn't appropriate then to have housing up against the park, why is it deemed and it was passed by Planning and Zoning that it's okay to suddenly put multi-family up against the park. No one was able to answer that question and yet it was passed through. I would like to see some sort of consistency at least in the ruling. That road there has created probably most of the problems with the parking, its very existence. If the houses had been up against it it wouldn't be a problem with parking along there and I don't know Meridian City Council September 25, 2012 Page 18 of 46 which is more nice or less, the multi-family or homes which are fenced off. You know, that's -- it tough for somebody else to be. But I would like to see consistency in the ruling of the city, whether it be appropriate or not. I also have a question regarding where we are at in this process. You mentioned it would be closed for public opinion, although this is specifically about the issue for zoning, if I understood correctly earlier. In very small scope. And that the ruling would be made whether or not the apartment was going to go in tonight. Is that correct? De Weerd: No. It was -- the public hearing was continued -- Hadley: Right. And we have to come back for public comment; is that correct? De Weerd: Unless Council needs further information from the staff that's not available tonight. Hadley: Okay. Well, then, I'm glad I took this opportunity to speak. I would like you to look into that at least, find out why it was inappropriate before, suddenly now it's been approved that it's right up against the park. I think personally that's a huge mistake and I wish that -- you know, I can't speak for everybody else, but I feel let down by you. I feel let down by the city. Igo through the park and pass my house and there is cars -- I feel like they are catering to the group of people who, as J look at parking. and. license plates, more than half of them are outside of even the county with 2C plates and your comment earlier -- I will finish up real quick -- the comment earlier that people are going to do what you they want to do, well, that's a ridiculous argument. That's why we have ordinances and that's why we make laws to keep people from doing what they just want to do. So, I would consider thinking of something to do rather than doing nothing. Thank you. De Weerd: Well, sir, I guess I would respond to that. It's not illegal to park on public streets and, like I said, we have worked with your HOA and we have tried to address the parking situation. When I talk about temporary parking going in to the west of the ball fields, it could be there for ten years. The school says that it's going to be a time away before they build that school. That's why we are investing in the temporary parking lot at that time. We have felt they have said that we can use the parking at that time, too, which would be even a larger lot. So, we -- we take it serious and our kids' safety is currently top of mind and to also share with you on why there is a road that surrounds the park, it's for the safety of the park, so the police can look in and make sure that that park is not having illegal activities going in. When your backyard is backed up to it they don't have that vision corridor. This corner in question still will allow a vision corridor -- or avision corridor along that whether it was the assisted housing or whatever is there, the police will still have a vision corridor to look into the park and I just hope I addressed the questions that you raised, but I will assure you public safety is first and foremost on our minds and it is our top priority. So, to suggest otherwise is inappropriate. Hennings: Good evening. My name is Craig Hennings. I live at 3775 North Price Way in Meridian. Meridian City Council September 25, 2012 Page 19 of 46 De Weerd: Craig, thank you Hennings: Thank you very much. Everybody that has spoken before me tonight has brought up extraordinarily valid concerns and I think they should not go unnoticed. What I would like to do is actually to present perhaps with a different perspective from a historical fact. We moved here three years ago from a small town in southwest Washington and we moved here in 2009. But back in 2004 we had a new build -- a brand new subdivision and we had very high hopes for this place. It was a great planned community, but through really poor vision on the part of the city they followed the other plan which was very poorly maintained and as a result they actually saw many different sort of high residency apartment complexes go in and you also saw, basically, a decrease in city's revenues and during the same time this also taxed the community. You had higher crime and you had -- and they had a need for greater police and fire department, which the city could not afford and so while we are looking into the future and while we are talking about what could be, I can tell you that this plan that we have here doesn't fit. It doesn't make sense. It doesn't work. And it really is a detriment to the community. So, a lot of the concerns that people are bringing up I believe are valid and this is from a very personal experience that we had three, four, five years ago. So, that's all I wanted to say and thank you very much. De Weerd: Thank you, Craig. Any additional testimony? Okay. Would the developer like to offer closing remarks? Zaremba: Madam Mayor, if I may make a comment while she's on her way up here De Weerd: Mr. Zaremba. Zaremba: Staff referenced that we have received some comments in writing and I know they will be part of the public record, but I just wanted to comment that one of them was from Curtis Hatten, which we have read, and another from Mr. and Mrs. Martin and Margo Komoroski and, actually, in that one they reference a separate communication that came from a Mr. Kibbler referring to some requirements that would apply to federal projects and I don't know whether we need a comment from our attorney or not, but I would believe that there is no federal involvement in this project, so none of that would apply. But I just wanted to read into the record who we have gotten comments from. De Weerd: Thank you, Mr. Zaremba. And, Madam Clerk, will you, please, read the names off the sign-up sheet and what they marked. Holman: Thank you. I'll do my best to read the names and I apologize if I don't get your name correct. Shari Stiles signed up for. Lynn Coffey against. Erlene Coffey against. Margo Komoroski against. Ann Morrow against. William Herbert against. Barbara Herbert against. Augusta McGowen Haw against. Harold Greenoff against. Wendy Barbor against. Marcelle Bujoroski against. Kim Lukes against. Mark Lukes against. Joy Smith against. Eric Smith against. Brian Warren for. Cynthia Stucker against. And Meridian City Council September 25, 2012 Page 20 of 46 I can't -- it looks like it might say Craig possibly -- it looks like it starts with a Y. Against. Patricia Turner against. Judy Nowaski against. And I can't read this first name. It looks like an S for the first name and it starts with a D for the second name. Against. Chuck Hurling against. Judith Clark against. Pat Arnold against. Robert Wilson against. Jennifer Anderson against. Ethan Hadley against. Ryan Brumfield against. And Janet Lange against. De Weerd: Thank you, Madam Clerk. If you will, please, state your name and address for the record. Nelson: Madam Mayor, Members of the City Council, thank you. My name is Deborah Nelson, I'm an attorney with Givens Pursley and I'm here on behalf of the applicant and owner of Settlers Park, LLC, who purchased the property earlier this year. I think you have already heard a lot of testimony from the applicant and so my intention is not to repeat that or even to address additional testimony that's been provided tonight, unless you have questions or have anything you would like me to address. I just have one quick comment I'd like to make and that is that in light of the comments from your city attorney Mr. Nary, we would asked that the second portion of one of the conditions of approval 1.1.1 be struck where it had previously required compliance with the same development agreement that your city attorney has advised was superseded by the R- 15 zoning in 2004. So, thats our only request at this time. De Weerd: Council, do you have questions for the applicant? Nelson: Thank you. De Weerd: Thank you. Staff, any further questions or comments? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to answer the one question that was raised was about the -- what the 18 months mean and you asked for a clarification. De Weerd: Thank you. Nary: So, when a conditional use permit is issued, as it was in 2004, on the assisted living that was requested at the time, there is a time period in our code as to when you need to effectuate completion or, excuse me, begins that process and allows, obviously, for phasing of developments and you occasionally -- I think you have -- just for the public's -- I guess purpose you have occasionally on your agenda like you do tonight time extensions for those types of developments, because of a variety of reasons. So -- but once the time period is completed if no time extension is granted, then, their ability to build that particular project that was approved no longer exists without a new hearing. Meridian City Council September 25, 2012 Page 21 of 46 So, even if an assisted living wanted to be built there, if that's what the applicant was asking for, it would still require a new conditional use. It would still have a public hearing like you're having now, nothing would have changed, it simply would be a different use that's allowed in this R-15 zone that requires a conditional use permit process be done prior to approval. So, the time period had expired for the prior application. So, that's done. If they wanted to build something else which is what you have in front of you it requires, then, a majority of the uses in the R-15 all require conditional use permits. So, it's just to clarify there is just a time period in which to do that project. If it's not done within that time or no time extension is granted their ability to build that without another public hearing and approval process is, then, required and that's what you have in front of you, so -- De Weerd: Thank you, Mr. Nary. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Hopefully I don't confuse it, but I would add to that clarification that what does expire is the conditional use permit, which applies to what building will be built there. The annexation and the zoning and rezoning that happened. here never expires. That's forever. Nary: Thank you, Madam Mayor, Members of the Council. Council Member Zaremba, you're absolutely right. Once the zone is done an ordinance is passed the zone doesn't change. So, the ability to build a particular type of development may expire, but you're correct, the zone won't change and what's allowed on that zone is simply what's involved in the code at the time they request it. Zaremba: Thank you. Hoaglun: Madam Mayor, I have a question I think for planning staff and at the last hearing we had on this someone raised a good point and they say, you know, this project comes in, it's a great looking development now, but, you know, down the road if it gets sold or there is a new owner and maybe they don't keep things up as well, how do we -- how do we make sure that it stays -- if it's a nice development to begin with, that it remains a nice development and I think that's a legitimate question and I think we have maintenance agreements that go with this, how do we make sure that that maintenance agreement -- I think it might be part of our Uniform Development Code we require that, that it be attached to the -- to the land, but refresh my memory on that if you could. Friedman: Sure. Madam Mayor, Members of the Council, Council Member Hoaglun, you're right, we have requirements for maintenance agreements and, of course, when we get multiple unit developments like this, particularly when you have a plat involved, so if the Council does approve this project with a preliminary plat you will end up with Meridian City Council September 25, 2012 Page 22 of 46 some of these buildings on separate lots. One of the conditions is the requirement that there be a single maintenance entity for all the buildings there, so that there will be sort of a master association, if you will. How we insure that goes on through time, of course, they have to present a copy of the agreement to the city with their certificate of zoning compliance and that's prima facie evidence for us that they have at least engaged somebody. It's like any other property in the city, if we start noticing a decline in the quality of that or we start seeing weeds or something like that, we rely on not only the UDC, but whatever our nuisance ordinances are that are -- that are enforced by the code enforcement arm of the police department. So, it's just a matter of, you know, staying vigilant on -- you know, we have had issues with a lot of these abandoned subdivisions also, so -- Hoaglun: And Madam Mayor and Pete -- and so if a citizen sees something and they complain, then, that goes to our code enforcement, they can follow up and make sure that issue is taken care of. So it's not -- they don't just rely on us looking at it, but they can be the eyes for the city as well; is that correct? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, that's correct. You know, we -- and we work closely with code enforcement, so oftentimes we will receive the calls and, then, we will work with code enforcement and get out there. That will also again cause us to pull out the original conditions of approval and go back through and make sure that everything is still in conformance with what was approved. Hoaglun: Okay. Thank you. De Weerd: Further questions for staff? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just wanted to make some comments on the testimony I have heard. You know, you give this a lot of thought and testimony, you know, from the testimony from the last hearing and, of course, this one there is some other issues raised, some new, some not. You addressed most of those about the parking lot, that is something that we have looked at and parking, it's a popular park. That's a good thing. But for that particular street it's not a good thing. And we -- we have spent the money and entered into a partnership with the school district to build that parking lot to the west and it is a long-term agreement in terms of -- there is a school there, there will be a parking lot there and once that school is built there will be a parking lot there. We have similar arrangements -- if you ever go to Fuller Park in Meridian they use Chaparral Elementary as part of the parking for that and that would be no different for this and that I think would -- would take off a huge amount of the pressure that -- that is there. And I do the same thing, I drive by on a Saturday, there is lots of activity and usually in that east Meridian City Council September 25, 2012 Page 23 of 46 parking there there is space for people to park and human nature is tough to change, but I think some signs and some police enforcement will do that, because we are concerned about the safety and we have looked at it and taken it very seriously. I hope the homeowners association can continue to work and look at potential options for public streets and how we can do that, because I understand the frustration. But we have got to find a solution that works and I'm hopeful that can take place. An issue was raised about more apartments. Why more apartments and we shouldn't be building more apartments and that is something that my approach to governance is is it appropriate for government to be involved with and when you think about what you're asking is you're asking government to determine what you as a property owner can do with your property and I don't think you really want that. I mean that's something that goes down apath -- a slippery slope that goes someplace that you may want it for one situation, but, then, you open that door and we can do it for all situations. Maybe you have got people coming in who have a whole different idea of what government should be and I won't get on a soap box about that, but I don't want to go down that path. So, we -- the marketplace determines that and sometimes the marketplace gets it wrong, you know, and we have to figure out what we can do and code enforcement is one of those things that if there are areas that are being run down, then, we want to be on top of that and that is something that if the developers think this is a project that can move forward and we can look -- we look at it from a conditional use, compatibility, how it's maintained, the color schemes, the landscaping, all those things, that's where our limit is and especially on this particular one. One of the things that was raised was the legal process for this thing as it went through over the years and that's one thing I know since I have been on Council we look at very carefully when we rezone a parcel knowing what -- all that could happen on that -- that piece, because there are times those projects fall through and that zoning, as was mentioned, sticks with the land and, then, we are -- we better be darn certain that what it was rezoned to the compatibility still exists for things and I know we have had some lengthy discussions on this Council about other projects on rezone requests that if we do this and that isn't built, is it still acceptable for what can be allowed under that and I think there has been times a couple years ago that we weren't quite so comfortable with that and we had to work with the developer to find something a little different that would work that was more restrictive that still allowed them the project they wanted, but not -- not allow it to go larger, because it didn't fit and -- and this one we are kind of -- what we hear is we don't want this, but from a legal perspective and looking at the city and our fiduciary responsibility to our taxpayers and that is when something is allowed, the zoning is there and we don't allow it we open ourselves up to a lawsuit and it costs all of us. It comes out of my pocket, it will come out of your pocket and we can't -- we can't allow that. And I wish, Mr. Smith, you would be more respectful. Anyway. Smith: All I hear is talk talk talk . Hoaglun: Mr. Smith -- we are done. We are done. Smith: You're not listening to the people. Meridian City Council September 25, 2012 Page 24 of 46 Hoaglun: We are done. Smith: You're darn right. I'm done. Hoaglun: Thank you. Smith: You're not listening to the people. Hoaglun: Anyway, back to where -- Smith: Just listen to your people. Hoaglun: We do listen to the people and fortunately -- fortunately, the people also listen -- fortunately the people also listen to what goes on up here and I know the people are paying attention to the legal opinion that we received. Because if we had options here we would certainly look at them. But the option is it is zoned R-15. So, how do we deal with that? What are the issues that we can make this facility more compatible with the neighborhood and parking -- the issue of the park parking is one of them. I mean we have got that loud and clear and we have been working on that one, trust me, and I think time will show that that -- that process will work and I hope spring of next year when the parking lot is in we will, see great relief and if not let's talk about it some more and try to get this thing fixed, because that's -- I can see that's a source of frustration. When it comes to this facility we don't want it, I hear you; but we are stuck with R-15 zoning and what can go on there is something -- what they are looking to put in there is allowed under the zoning. So, what are the ways -- when we listened last week there were some good issues raised and that's why I wanted to talk about -- there we go -- about the maintenance agreement, because that was -- that was a good question raised is how do we insure if this facility is built how do we insure that it remains a nice facility. Looking at the elevations and the different plans on this thing this is not a cheap apartment complex, there is going to be healthy rents. I know my daughter and -- my daughter-in-law and son, if they move back here and live here, they probably can't afford this, because it's going to be a little out of their price ranges as newlyweds and just starting out on their -- on their life together. But down the road I want to see places that are nice that they would want to live and say, hey, that's by the park, yes, it's a little more expensive, but it's a quality place, it's a nice neighborhood, and those are the types of things that attract people we want in Meridian, because they are folks who are going to contribute to the economy, who are going to have jobs, who want nice places to live and they want good neighbors and I think that's the desire we want everywhere, where ever we live, whether you're an apartment dweller or in a single family home. We want to have good neighbors. We want to be a good neighbor. Yeah, we have a few problem people out there, but that's what code enforcement works and we try to, through our police department and other means try to -- try to make sure people are good law abiding citizens and they do a good job with that. So, those were some of the issues that I have heard over the last two hearings and just kind of wanted to address in how I view them. There are some projects that we have seen that have been approved that have been more problematic for the city and apartments that have taken a lot of Meridian City Council September 25, 2012 Page 25 of 46 work, because they weren't quite as compatible. There was an issue raised last time about being right next to the house, you know, and I looked at this one and these are not right against someone's backyard and where we have had to work with the developer to say can you flip this and move the apartments away and put in the parking to the back fence and maybe move them forward and those types of things. So, having a street as a buffer I think is helpful. Having it near the entrance is something that it's not in the middle of a subdivision. We have had proposals and we have had to deal with those and work through them, so -- not that it makes it any better for the folks who are here and who don't want it, but just a little perspective that when we look citywide and, then, come to a single issue there are things that I see that are very good about this development that they are doing, as opposed to other developments I have seen. Now, again, feel free to disagree. That's fine. It doesn't make everyone happy, but it's something that looking at -- over the years different proposals, there are some very good things about this that you can go, you know, that's maybe not so bad, so, anyway, that's my comments, Madam Mayor. A little longer than intended. De Weerd: Thank you, Mr. Hoaglun. Mr. Zaremba. Zaremba Madam Mayor, thank you. I don't know if I'm going to help or not. I am very conflicted on this myself. The -- at the time that this came through for the rezone I was on the Planning and Commission and I remember the discussion about the senior and assisted living center and was very much in favor of it. I'm very disappointed that that isn't what happened and I'm not in charge of the business plan, I can understand that if another one got built first within a half a mile, then, maybe it isn't so attractive to this property owner. I struggle with my understanding on at least the Planning and Zoning Commission level in 2004. We were excited and interested in having this be an assisted living and, therefore, recommended to the Council to approve the change to R- 15. That now becomes an entitlement. We are not asked tonight whether it should be an R-15 or that, that's not a question before us. That's a little frustrating to somebody who is enthusiastic about the assisted living center and to whom it made sense. The applicant has made some good points. I'm in favor of public transportation and I point out that when we talk about public transportation we say, okay, greater densities should be placed near a major transportation corridor. They should be placed near open space. And as the applicant said, if not this property where else are we describing when we say that. Those are things I'm in favor of. I also know that this park right next to this project is kind of a victim of its own success. I'm thrilled that it's used as much as it is. To add 36 more families right next to it is not an attractive idea to me and I struggle with the idea that, in fact, the property owner is entitled to R-15 and is proposing something that not only is allowable, but is probably a very nice project on R- 15. I guess my frustration is that disappointment that it isn't going to be an assisted living facility, which, for one, I think would have been a good neighbor to the park. It would not have added a great deal of pressure to the park. It would not have added more parking issues. Like I say, I guess I'm not helping. I still haven't decided. De Weerd: Thank you, Mr. Zaremba. Council, I -- further comments? Meridian City Council September 25, 2012 Page 26 of 46 Rountree: Madam Mayor, I guess I can express my frustrations as well and I really dislike situations of having decision making and no wiggle room or no way out of a corner that's been built for us. We have a piece of property that is entitled by zoning to do what's asked. All we can do is attempt to condition that development to a degree that it is more compatible with the surrounding area than it would be if it were just a cookie cutter type of development. Usually I'm pretty good at finding a creative solution, but I just absolutely cannot come up with one. Given the zoning and the constraints that we have with that, I'm not sure we don't have at least the best attempt, other than what was originally proposed with this particular application. Having said that and if there is nothing else to be said, I move that we close the public hearing on items 8-A and 8-B. Bird: Second. De Weerd: I have a motion and a second to close he public hearing on items 8-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would inquire of Councilman Rountree if there has been a brainstorm yet or not of creative thinking. If not -- Rountree: No. I'm just -- am at a loss. Hoaglun: And, Madam Mayor, it's interesting, we try very hard at finding creative solutions to problems and most of the time we are successful and I would agree with Councilman Rountree, this one is a -- this one is a stumper. I mean this one is -- in the extra time that we had to think about this to try to find a way what -- how this could work and what it looks like and different things within the R-15 it's -- it is what it is. It's -- it's one of those where we don't have any room to work. That makes it difficult. Other than through the conditional use process to make it a good project and it looks good and remains looking good and that's been my concern and that's certainly been addressed and can be followed up on down the road and I always manage to do this wrong, but I'm going to make a motion on the preliminary plat and I would move to approve PP 12-010 with staff and applicant comments and I think the 1.1.1 -- would that be part of the CUP, Pete or Mr. Nary? Or is that on the preliminary plat? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, that is on the preliminary plat as a site specific condition. Hoaglun: And I would include the -- to strike the current 1.1.1, since that no longer applies to this -- this parcel as -- as zoned. And in this agreement I want to put on the record is attached to this property as required by the UDC, make sure that is clear. And Meridian City Council September 25, 2012 Page 27 of 46 I think that's all I have. Yeah. And I included that staff and applicant comments be -- be included. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will make this short and sweet, but -- De Weerd: You want to pull your -- Bird: I will. I will try to speak up. I'd give anything to be able to vote no on this. I don't -- I wished there was something else going out there, but legally there is no way that we can turn it down for what they are asking, so while we have -- I have to vote yes, I certainly wished there was something else going in there besides this. De Weerd: Any further discussion from Council? Rountree: I have none. De Weerd: Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, nay; Hoaglun, yea. De Weerd: I have three ayes and one opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Item B. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of 8-B, CUP 12-006 and include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Madam Clerk, roll call, please. Meridian City Council September 25, 2012 Page 28 of 46 Roll Call: Bird, yea; Rountree, yea; Zaremba, nay; Hoaglun, yea. De Weerd: Okay. Three in favor, one opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. I'm going to call a brief recess for five minutes, so we will reconvene at 8:30. (Recess: 8:25 p.m. to 8:35 p.m.) C. Public Hearing: VAC 12-004 Southeast Corner Marketplace by The Land Group No. 2 Located Southeast Corner of E. Ustick Road and N. Eagle Road Request: Vacate a Public Domestic Water and Sewer Easement Platted on Lots 10-12, Block 1 of Southeast Corner Marketplace Subdivision No. 2 (File FP 07- 020) De Weerd: Okay. We will reconvene tonight's meeting and we are on Item 8-C, public hearing on VAC 12-004..1 will open this public hearing with. staff comments.. Parson: Thank you, Madam Mayor, Members of the Council. Next application before you this evening is a vacation to vacate a sewer and water easement that was platted with the southeast corner Gateway Marketplace Subdivision No. 2. The property is located on southwest corner -- excuse me -- the southeast corner of Ustick Road and Eagle Road. The exhibit before you shows you which parcels are affected by that easement. It is specifically Lot 10 through 12, Block 1. This is -- back in early August Council -- the Commission, actually, acted on a conditional use permit for a bank drive-thru use on Lots 11 and 12 and effectively the way that the site plan has been approved with the Commission and the planning staff is the existing bank -- or proposed bank would be constructed over the current easement. In going through that conditional use project the application was conditioned to get approval of a vacation application from you and, then, also construct the new sewer mains and water mains during the bank construction. That was so that the developer and the applicant are working through some of those behind the scenes. The exhibit on the right-hand side shows you the existing utility easement that's in place and the one just south of that, the L- shaped easement, that is the new easement that is proposed this evening that would run along this commercial drive aisle if Council grants approval of the vacation and that current easement is located approximately right here as depicted on this exhibit. Staff has coordinated with the Public Works Department. They have reviewed these documents. They are in agreement with the relocation of those water and sewer mains. They are okay with that condition, that those be constructed and inspected upon certificate of occupancy for the bank site. At this time -- we -- staff did receive written testimony from the applicant and they are in agreement with the conditions of the staff Meridian City Council September 25, 2012 Page 29 of 46 report. There are no outstanding issues before you this evening and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Well, Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant's representative here? Any comments? Okay. If you will, please, state your name and address for the record. Hepworth: Russ Hepworth with The Land Group. I reside at 2635 W. State Street in Meridian. De Weerd: Thank you, Russ. Hepworth: I just wanted to verify or have it conditioned, I guess, that -- that we will work with the Public Works department, but just wanted to know if this document at this meeting has to be the final one. I just want to be able to make sure that when we do re- record that easement that I can have that latitude to make it right with the Public Works Department, because there may be a fire department or a fire hydrant that needs to be in there and I might have to adjust that easement and so I just pose that question, I guess, to make sure that the -- I have the ability to modify that. De Weerd: Pete? Friedman: Madam Mayor, Members of the Council, the Council's action tonight is merely to vacate the existing easement, so prior to Mr. Hepworth's clients installing the utility mains, they will have to prepare the new easement for review, not only by Public Works, but by the city attorney's office and at that time we can fine tune the location of any of the required fire hydrants and anything like that. So, actually, the nexus between the vacation of the easement and the approval of the new easement is simply that you are just vacating the old one tonight and it will be replaced. Hepworth: Thanks for that clarification. Thanks. De Weerd: Okay. Thank you. This is a public hearing and I do have two people that signed up to show their opposition to this is Wayne Hartung -- Hartung. I'm sorry. And Chris. Would either of you like to provide testimony at this time? Or not. lassumed -- oh. Hoaglun: I think they signed the wrong sheet. Bird: Got on the wrong one. Meridian City Council September 25, 2012 Page 30 of 46 De Weerd: Okay. Does anyone want to provide testimony on this item? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just as a comment, I wonder if those are people who signed up on the wrong sheet and meant to testify on something else. De Weerd: I think so. Zaremba: Okay. Now, I have a comment not specific to this application, but I have asked in Planning and Zoning and the Community Development Department -- De Weerd: It's just Community Development. Zaremba: Community Development. I'm sorry. This kind of vacation -- the question that we usually ask is have all of the utilities and anybody that has an interest in the old easements given written approval for this to happen and the answer is, yes, because staff doesn't bring it to us until they have got all of that stuff. So, my question that I want to ask on the .public record for discussion is can we work toward making this an administrative approval? Does this have to come before the City Council necessarily? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilman Member Zaremba, we do have to have approval by the City Council. It's required in the state statute. Zaremba: That answers my question. De Weerd: I wish all questions were that simple, Mr. Zaremba. Nary: And that short. De Weerd: And that short from our attorney. That's even better. Okay. Anything further from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on VAC 12-004. Rountree: Second. Meridian City Council September 25, 2012 Page 31 of 46 De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve VAC 12-004 with staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-C. 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. D. Public Hearing: SHP 12-003 Whitehawk Subdivision by GGR, LLC Located at 2134 E. Franklin Road Request: Short Plat Approval Consisting of Three (3) Building Lots on 2.11 Acres of Land in a C-G Zoning District De Weerd: Item 8-D is a public hearing on SHP 12-003. I will ask for staff comments and open this public hearing. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the Whitehawk Subdivision. It is a short plat of an existing lot within the Sparrow Hawk Subdivision. The applicant is short platting the existing Lot 4, Block 1, into three C-G zoned lots. The property is situated just north of East Franklin Road and east of North Nola Road. To the north is I-L zoned property that was developed with the Locust Grove Industrial Park. To the east of this site is some multi-family that developed under the Sparrow Hawk PD in 2001, 2002. To the south and west is also developed commercial lots within the Sparrow Hawk Subdivision. Again, the applicant is just subdividing this into three lots as you can see here before you. Lot 1, which is the western most lot, or the left-hand lot, has been approved through the Planning Department with a certificate of zoning compliance to construct a -- basically an kennel on the site. The other two lots will be marketed for sale I would imagine. Lance Warnick has submitted written testimony in agreement with the staff report. To staff's knowledge there aren't any outstanding issues before you this evening and at this time I'd stand for any questions you have. Meridian City Council September 25, 2012 Page 32 of 40 De Weerd: Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to make comments? Warnick: Thank you very much, Madam Mayor, Members of the Council. For the record my name is Lance Warnick, engineer with Aspen Engineers. Business address is 2422 12th Ave. Road, No. 323, Nampa, Idaho. 83686. De Weerd: Thank you. Warnick: I'm in agreement with the recommended conditions and just to reiterate we are simply trying to request approval to do a short plat of this -- this property to three pieces and I'd stand for any questions. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Yes, sir. Good evening. If you will, please, state your name and address for the record. Wysoki: My name is Kerry Wysoki. I'm a manager of Northwest Machine and Manufacturing in Meridian. 1957 East Lanark. De Weerd: Thank you. Wysoki: My question or concern isn't necessarily with the sub plot dividing into three places, it's the idea that we are having a kennel placed right in our backyard. We are a manufacturing business and have Fortune 500 customers coming to our facility at all times. Do I have any recourse or actions that I may take to possibly stop the kennel from moving into that location? It's a question I know, but is there anything I can do? We were not notified in June, evidently, when the original information came to the city zoning I believe it was or planning, whichever it was, allowing a kennel to be placed on that property. De Weerd: Well, it's my understanding it is an approved use, so -- but I will let staff answer that for you. Meridian City Council September 25, 2012 Page 33 of 46 Friedman: Thank you, Madam Mayor, Members of the Council. As Bill indicated in the staff report, because -- what's before you tonight is merely the subdivision of the property into three lots. Right now currently it's in one ownership. The owners did apply for certificate of zoning compliance, which is an administrative application, which is the precursor to getting a building permit. So, by issuing that there already was a determination made that that primary -- that that kennel was a principally permitted use in that zoning district. It's not going to be sort of the traditional kennel as you have all the dogs, you know, housed outside. It's a doggy day camp, actually, is what it is. Wysoki: It's my understanding is that there is an outside area for the dogs that butts right up against our current property. Friedman: There is an outside exercise area, that's correct. And, unfortunately, that, again, that was a certificate of zoning compliance. We normally don't provide notice -- notice on those. When we structured the industrial zoning district and we identified that as a permitted use in there --determined, the zoning code that because of the -- Wysoki: So, there are no additional zoning codes the apply to kennels? You can put them in any industrial area then? Friedman: We only have the one industrial area. Again, we would, have --Igo through -- we only have the one industrial area in the city right now. Wysoki: Okay. Friedman: I mean one industrial zone, not one industrial area. Wysoki: Okay. Thank you. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It's kind of a follow-up question, but would we be able to put a condition on that -- they flip their project, so that the open area is on the far end of their -- of their property from the gentleman that just spoke? I know we don't want to get into engineering and designing what people do on their properties, but could we condition them to flip it? Friedman: Madam Mayor, Members of the Council, Council Member Zaremba, there is -- in response to that question -- I guess I have two responses. One is I don't know the actual status of the commencement of construction of the issuance of building permits. If, in fact, either one of those has occurred it could be problematic and, then, secondly, because the action is merely the division or property -- and I would rely on Mr. Nary's Meridian Cily Council September 25, 2012 Page 34 of 46 counsel also, that tying a CZC condition to the plat I'm not sure is an appropriate avenue. Zaremba: Thank you. De Weerd: Mr. Nary, do you have anything you would like to add? Nary: Madam Mayor, Members of the Council, I think it's really already been answered. I mean it is an allowed use in an industrial zone, so you have already made a decision in your code as to what administrative requirements are and the administrative requirement here has been met that they meet the requirements of the zone with what they are going to develop. So, again, we have already made a decision as to what application they need to make, which they appear to have done and what's required is simply that they have a use on the property consistent with that zone and I think you stated, Council Member Zaremba, again, we don't do the design of those particular types of uses, so -- so, no, there isn't any additional requirements they would need to meet. De Weerd: I think, Pete, you know, it is an allowed use, but certainly we -- we can talk with the owner and see how with -- with this testimony if they can find some -- some ideas that could mitigate if they cancel it, but. if it's too far along in the -- in the building process this is a long time business in our community and certainly if there is a way we can accommodate the -- the communication exchange that would be helpful I'm sure. Friedman: Yeah. Madam Mayor, Members of the Council, I would be happy to do that. What we will do first thing in the morning is look into the status of the building permit on the construction and, then, see what we can -- where we go from there. De Weerd: Any further comments from Council? Bird: I have none. Hoaglun: Madam Mayor, would the planning folks follow up with -- with the person who raised the issue? Friedman: Absolutely. If he would leave his contact information with us be happy to do that. Hoaglun: Great. Thank you. De Weerd: Thank you. Any further testimony on this item? Would the applicant -- would the applicant like to have any closing remarks? Okay. Well, you're sitting right next to each other. Perhaps you can even talk. Just saying. Okay. Council, if there is no further information I would ask for your -- Zaremba: Madam Mayor, so moved. Close the public hearing on SHP 12-003. Meridian City Council September 25, 2012 Page 35 of 46 Rountree: Second. De Weerd: I have a motion and a second to close the public hearing to Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba: Zaremba: I move we approve SHP 12-003 with staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. 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. E. Public Hearing: TEC 12-009 Three Corners by Three Corners, LLC Located Southeast Corner of Chinden Boulevard and N. Locust Grove Road Request: Two (2) Year Time Extension on the Preliminary Plat for Three Corners Subdivision De Weerd: Item 8-E is a public hearing on TEC 12-009. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application before you the Three Corners Subdivision time extension. This property is located on the southeast corner of Chinden Boulevard and North Locust Grove Road. The property received annexation and zoning and preliminary plat approval in 2007 from the Council. As you can see here that phase one has commenced in this aerial and currently developed with a private school site. Phase two had started some construction, but no utilities have been in place as of this date and phase two was located in this general vicinity of the development. Before you this evening staff is recommending some new conditions for you on this project. -The UDC does give staff or Council the authority to require that if anything changes in the Unified Development Code. In this particular case what has changed is back in 2011 Council adopted a new ordinance that required some requirements with some performance sureties and some warranty surety for projects that are installing infrastructures with subdivision Meridian City Council September 25, 2012 Page 36 of 46 improvements. Because these utilities are in place staff feels that it's appropriate to require that a new condition be placed on this. The other item that I wanted to bring to Council's attention was if you look at the zoning map that I have here, to the left of you, you can see that there is an icon on this property that identifies this site for a gateway entrance sign. I would state that there aren't any standards that are approved at this date and they are in draft form at this time, but because this is a time extension and this is one of the changes that we -- an opportunity to at least request that from Council to require it with this development, we are requesting that as part of the time extension as well. On this later exhibit here you can see what the entryway sign is to look like. Right now I believe Council -- staff is working with Council, this is one property that was identified to have this signage. I think we all realized that this isn't the ideal preferred location for the sign, it really makes sense to be on the opposite side of the road, but, however, given the fact that this is the only active development on the site, or at least this corner of the city and Council has recommended that this sign -- highlighted this property for this signage, staff feels that it's prudent to require it at this time. I would also mention that I have reviewed the draft standards with other city employees -- city staff I should say and even if this sign is placed on the property it does not diminish the requirement for their subdivision signage or their commercial signage on the site, it's merely just to welcome folks as they enter into the City of Meridian. I would let you know that I did receive written testimony from the applicant. They would like to discuss those conditions of approval with you his evening. They are -- wish that. Council would try both conditions and leave the project stand on the merits that were approved back in '07 and attached development agreement. Other than the applicant opposition to a new condition there is no outstanding -- any other outstanding issues before you this evening and at this time I would stand for any questions you have. De Weerd: Thank you, Bill. Any questions for staff at this time? Bird: I have none. De Weerd: Is the applicant here? Good evening. Dean: My name is Dave Dean, 1746 East Dunwoody Court, Meridian, Idaho. And Madam Mayor and Council Members, I -- I guess I just want to discuss this sign thing, because it certainly seems to me like it's on the wrong side of the road. You know, the traffic backs up, especially in the morning and evenings, so that sign is not going to be visible by people driving the other way, it seems like it ought to be thank you for visiting Meridian, hope you return or something like that. But, anyway, I guess I want to discuss that, because it's -- it's -- you know, it seems to be no definitive -- you know, I have seen the sketches and I thank you for sending these, Bill. I just -- like I say, I just question being on the left side of the road when you're coming in town on the right side of the road, so -- and there is traffic that backs up there. So, I guess -- and our commercial signage is also going to have to go in that area that there is probably, what, 400 feet I guess from the corner to the road that goes in. So, I guess I'd like not to do that, because it just doesn't seem to make a lot of sense to me, but I guess that's your call. Do you have any questions for me on that or do you want me to go to the next -- Meridian City Council September 25, 2012 Page 37 of 46 De Weerd: Why don't you go through and -- Dean: Yeah. Okay. The bonds --Iguess I'm not quite sure -- I understand the 20 percent on stuff, because we have about 50,000 dollars worth of sewer and water put in and none of it's being used, because it's still hooked directly into sewer I think out front, so we loop the whole school with sewer and water and the existing stub road has got sewer and water, but none of it's being used. So, I understand that one. I'm trying to understand why I need a bond for 125 percent of the rest of the subdivision, because -- I guess I just don't understand why, because if I disappear somebody else is going to pick up and have to put it in anyway. But I -- you know. And, then, if there are other options to the bond, can I just put up the cash with some kind of an account that has got both of our signatures or something. The bond is going to cost about -- I estimate it will cost me about another 5,000 dollars per year for the -- until something gets done. I guess I might add that we are actively right now doing a marketing study on what lots are -- you know, we made a mistake when we did this, because we put the commercial in the front end of this thing and commercial is terrible right now and it's going to take another 698,000 just to finish that commercial -- commercial phase so I can push it through and get into the residential, because the residential actually is starting to make some sense. But that's the reason I hadn't done anything else is because every time you drive by that you'd go, wow, why did I spend that money there. But, anyway,. I don't have a problem with the 20 percent, because, like I say, it hasn't been used and I understand that. I don't understand the 125 percent on what hasn't been put in and I believe that sign is -- I understand, you know, the true entrance to Meridian is actually about half amile -- almost a half a mile east of Chinden and, of course, on the right side of the road there you would be putting in Eagle and I'm pretty sure they don't want it there. So, I understand that and I understand why it would probably need to be on Locust Grove. But it seems like when you're driving you look to the right for the signs and -- I don't know. You tell me. De Weerd: Thank you. Iguess, Kyle, you want to talk about the 125 percent bond. Radek: Madam Mayor, that -- 125 percent was -- I'm sure you recall we went through the warranty surety issue. We spent probably a year on -- on working through that and talking to City Council, determining what the appropriate percentage was for -- if it developed for one to get final plat without building infrastructure, what it ought to be, I think it was at 110 percent. So, really, we are talking about a difference of 15 percent here, and this is, basically, updating -- updating the -- the application to current code as the application once -- and updated their entitlement and I don't know if the developer understands that this is only if they want to get final plat signature without building infrastructure. And maybe Pete can help me explain that. I mean it's -- that 125 percent would not be required now. Dean: Okay. See, I didn't understand that. Radek: Yeah. That's if you want -- Meridian City Council September 25, 2012 Page 36 of 46 Dean: Worried about nothing. Radek: If you want a final plat signature without building infrastructure then, we have to --then, you put us in a position -- Dean: Right. Radek: -- to say, well, gee whiz, if this guy doesn't get it done we are going to have to do it and if we have to do it we need some assurance we are going to have enough money to do it and we think 125 percent is the right number. Dean: I'm sorry I wasted your time on that. De Weerd: You don't waste any time. It just adds clarity. Dean: Okay. De Weerd: And it's a good question. A couple of things have changed since you came through with your original -- Dean: Right. De Weerd: -- and that is one of them. Pete? Friedman: Madam Mayor, Members of the Council, just one more follow-up is I think Kyle was able to explain -- really you're not required to put up anything now as part of the time extension. When you actually move forward and move towards getting your final plat, then, we can have the discussion and to answer your other question about the bond, there are other forms. You can put up the cash, either if you're going to bond for performance or you're going to bond for maintenance, you can do a letter of credit from your bank or you can do the bond. So, there is three options there when the time is right. Hoaglun: Madam Mayor, I did have a question on the sign. I mean it's a legitimate question what he's asking when I look at that, you know, you think, well, cars are coming in, but that property to the west there -- De Weerd: Is that annexed? Hoaglun: That's already annexed. I will let staff kind of address that issue if you want, because it does make sense that, oh, let's put the sign on that side. I mean that's where the cars are coming from, you know, into Meridian, so -- Parsons: Madam Mayor, Members of the Council, yes, that property is legitimately annexed into the city. I did research that before coming to Council this evening. That Meridian City Council September 25, 2012 Page 39 of 46 was one of those parcels that was hooked up to sewer and water. It developed in the county, but for their agreement to hook up to services we did the implied consent to annex back in 2008 and brought that property into the city with that annexation request. That's why you can see that the majority of it is pretty much undeveloped and it could -- there is a potential that it could redevelop in the future. If the church was to expand they would have to go through the conditional use permit and that could be certainly one requirement that we place on expansion of that site. The other thing that I'd point out to Council is that at some future date once the signage design gets approved and those specs get approved the city staff will more than likely come forward with an amendment to the UDC that kind of explains what we want for the signage and how we get that, at what point in development, whether it's through the annexation, the rezone, or even just through a certificate of zoning compliance I don't think all of those details have been worked out, but it -- there are some opportunities moving forward, but the site certainly will at some point in time redevelop. De Weerd: Pete. Friedman: Madam Mayor, Members of the Council, another alternative, you know, in the absence of knowing the timing of future development, if it were the pleasure of the city to want to see that sign sooner or later there is always the possibility of approaching that property owner for ,some form of easement if the city decided to undertake the construction of the sign ourselves. So, that's another option that's out there. De Weerd: I guess since we had a similar discussion just last week, the property owner was asked to pay for half the sign. Could that be a possibility on this and with a discussion with the property owner across the street to place it on that and participate financially as well. Friedman: Madam Mayor, Members of the Council, I think that's certainly worth talking about. Mr. Dean would have to, obviously, agree to that particularly for something that would be occurring on his -- De Weerd: On someone else's property. Friedman: Yes. De Weerd: It was easier to ask that last week, because it was on their property. Hoaglun: And, of course, Madam Mayor, for Mr. Dean there is value to say, yeah, it's worth X amount to me not to have it on my property, so -- Dean: Yeah. I guess I don't ever -- I have never figured out what this thing costs. Nary: Mr. Dean, could you get closer to the mike? Dean: Oh, I'm sorry. I never have figured out exactly what this thing costs, but -- Meridian City Council September 25, 2012 Page 40 of 46 Hoaglun: Good question Dean: I guess if I could be given the amount I probably would probably participate in that. I mean it's better than the option I'm looking at now, so -- I mean I -- you know, I know we have had discussions about, well, if all my stone is sandstone do I want red brick, you know, and he said there would probably be some flexibility on that. But I still think it's on the wrong side of the road, but I guess if we get it on the other side I -- you know. If I knew the cost for sure I would probably be willing to participate in that half, you know, so -- Friedman: Madam Mayor, Members of the Council, we -- we don't know the cost yet. We have money in the FY-13 budget that we are going to be using. They have the specs developed, so that we don't find ourselves in this situation where we know sort of -- we have a nice drawing of what it looks like, you know, I have heard figures of five to ten thousand, but we really haven't nailed that down, so -- Dean: If -- you know, if it's in that range I would pay half for it, so -- Friedman: Mr. Dean's agreeable and is agreeable on a not too exceed amount. That's always. a possibility l suppose. But it would have to be clearly stated on the record that it's voluntary. De Weerd: I heard him volunteer. Any questions for Mr. Dean? Thank you. Dean: Thank you. De Weerd: Is there anyone who would like to provide testimony on this Item 8-E? Okay. Council, any further information needed? Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on TEC 12-009. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 25, 2012 Page 41 of 46 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve TEC 12-009 to include staff conditions and comments and applicant comments. Hoaglun: Madam Mayor? Zaremba: Are any of those that I need to clarify? De Weerd: Yes. Mr. Hoaglun. Hoaglun: I will second it so we can have discussion. De Weerd: Okay. Hoaglun: Because I do want to make sure that we provide some option where the applicant can provide payment -- partial payment for the sign that -- and I'm not using the language right -- where that sign may be moved to property to the. west. But he would participate in an amount not to exceed -- De Weerd: Fifty percent. Hoaglun: --fifty percent of the -- is that a hundred thousand dollar fine? I'm sorry. No. Not to exceed 50 percent of the sign with the costs yet to be determined and so I guess the maker of the motion -- we need to include something in that that allows him to financially participate and have that. sign moved to property to the west. Zaremba: That was stated very well. I will include that in the motion. Hoaglun: Okay. Well, second agrees I guess. De Weerd: Okay. Any other discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: I'm just going to declare -- it was voluntary. Hoaglun: Yes. And, Madam Mayor, it's not a hundred thousand dollars either, so -- F. Public Comment and First Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Meridian City Council September 25, 2012 Page 42 of 46 Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards De Weerd: Thank you. Okay. Item 8-F is public comment and first reading of ordinance 12-1528. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 12-1528, an ordinance of the City. of Meridian repealing and replacing Title 8, Chapter 1, Meridian City Code, an enclosed street scape, ordinance, definitions, requirements were all encroachments and the city core street scape. Requirements then approaching from the use zone, requirements, then, encroaching from the street furnishing zone, penalties and enforcement and severability. Repealing Title 8, Chapters three, four, and five, Meridian City Code and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to provide public comment or here it read in it's entirety. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, we wanted to -- this particular ordinance you had a presentation on it previously and it has been vetted through a number of sources. Publicly we want to make sure there was an opportunity for public comment and barring any we would suggest that next week we put it out for a second and third reading and approval if that's all right with you. De Weerd: Thank you, Mr. Nary. I do have someone that's on this item, Patty Denice, who is signing up for. If you would like to provide testimony, it's noted in the record that you support the ordinance. Okay. Council if there is no Commission lead on this, it will be placed on next weeks' agenda for a second and final reading . Bird: So moved. Item 9: Continued Department Reports A. Legal/Fire Departments: Collective Labor Agreement between City of Meridian and International Association of Fire Fighters, Local #4627, Meridian Chapter De Weerd: Thank you. And we will see that back next time. Thank you for joining us. Item 9-A is under Department Reports. Our legal and fire department and in front of you the collective labor agreement and I will turn this over to the chief. Niemeyer: Thank you, Madam Mayor, Members of the Council. I do first want to extend apologies from President Hamilton, Local 4627. The assignment has evidently Meridian City Council September 25, 2012 Page 43 of 46 decided to wait until the smoke cleared to get an infection. So, go figure a firefighter would do better in smoke. I also want to extend some thanks on my part to Councilman Bird for his expertise and his direction during these negotiations and certainly to Bill Nary, who, again, did a masterful job of setting the tone early on how we are going to collaborate through this process. It was refreshing again -- I can tell you that money was not an issue and it was never brought to the table until the very end when you as a Council decided citywide what we were going to do. I have had the opportunity the last few years as your chief to see when labor negotiations turn ugly and we have seen them across the country. If you're a Greenbay Packer's fan you know this all too well right not. It's a no win situation on the part of everybody. And so to see the collaboration and how we work through the process was very refreshing. I will just make some mentions of some of the articles that I believe have been a benefit to the city and that are a benefit to the department. Article 15, promotions, we -- you will notice increased testing requirements for the positions of engineering captain. This meets our goal of trying to raise the bar in a professional development. We think that these increased requirements are going to promote better engineers and better captains that are better prepared to do that job in the future. Article 18 is uniforms. Uniform is my Achilles heel. I threatened the staff one day that we just weren't going to wear clothes on duty and that didn't go over so well. So, to see this process in the contract where we have a uniform store and a replacement policy is just going to benefit the department a whole lot better. We find more efficiencies. in that and we believe over time we can save money for the city. Article 19, there is a new schedule that's outlined as discussed. With that we also brought in new maximum work hours allowed and so we discussed this where in the past there was not any requirement on how many hours you could put in as a maximum. We now have that, which brings safety to the department and increased or decreased liability to the city. Article 23, the staffing for the brush trucks is now at three per the contract instead of two. This is a safety issue and in no small part thanks to you by rechassising Brush 35, as you recall that was a two man cab and best practice identifies three people going out on a brush fire, one to drive and two to be on the hose looking for obstacles and whatnot. So, that's going to make us better when we go out and keep us safer. Article 26.2 is a new article that's a fitness article. This was fully supported by the body or the membership. Definitely supported by us to bring fitness standards to the department. This will be mandated for every member of our department to go through these fitness standards. And, then, appendix C I would just point out that there were five items removed from the previous contract. These were personal safety and protective gear items that were negotiated three years ago now or in our last contract. The union actually came to us and said we believe we can remove five of them and still be safe and meet the needs of what our members have for personal protection while on scene. So, that's just some highlights of the contract. I'd certainly defer to Mr. Nary for any additional thoughts. De Weerd: Thank you. Nary: Thank you, Madam Mayor, Members of the Council. I appreciate the chief's kind words about the process and I would include the chief in that as well. I mean the -- the honesty and credibility on both sides at the bargaining table is not common. It does Meridian City Council September 25, 2012 Page 44 of 46 happen here because of the trust on both sides, that the intent of the city and the intent of the union is to try to find an agreement that works in the best interest of our citizens and to provide the best safety and the best value and that's been a tenant of these negotiations since I have been here and I appreciate the union as well for coming to the table with really the mind set of -- you know, if there is problems or misunderstandings or wording that needs to be addressed in the contract, then, let's address them. It's not about what do I get and what do they get and -- it's more about let's make sure this is clear for everybody. and the chief is a great asset in those, because, really, honestly, many of the things that probably could be problematic for other agencies and other jurisdictions are not problematic here, because our chief has that credibility that he's going to do what he says, he's going to follow through with what the commitments of the city are and when we get a breakdown in communication or we get a breakdown in an understanding, then, we are going to work through it and we are going to discuss it, we are going to work through it, if there is an issue we will bring it to the Mayor and the Council for decision and everybody understands that and agrees to it. So, we are very proud to bring this to you. Negotiations, again, were very positive and we are very pleased with this agreement. I think it's in the best interest of the city, so thank you very much. De Weerd: Thank you, Mr. Nary. Any comments from Council? Bird: No, but I will make a motion. De Weerd: I guess I would add my thanks to Mr. Nary, Mr. Bird, and Chief Niemeyer. It is nice to see that we have clear lines of communication and that we can have civil conversations and communication and try and do the right things for the community and this is an example of that. Council, any comments? If not I would entertain a motion. Bird: Madam Mayor? Hoaglun: Madam Mayor, a comment real quick. Again, my thanks to the chief and Bill and Councilman Bird and if you could pass on my thanks and -- to the Local 4627, because, really, these things can be arduous and difficult and it was a good process and I think Mr. Nary hit it on the head when he talked about there is trust and they realize that what's said people mean and their word is good and that benefits everybody in this community. So, please, pass onto them my thanks for their good work as well. De Weerd: And certainly in the climate that you see people at odds and butting heads and positioning, it is nice to be part of a community that -- that gets along and this is just one other example of it. Mr. Bird. Bird: Madam Mayor, before I make the motion, I -- I can tell you that I believe the firefighters and everybody, the trust they have got in the elected officials here, not just myself and Bill and the chief, goes a long way. I have sat on quite a few of not so good negotiations out in the private world, so it's been real good, we have never had a problem with the firemen, because they have been very supportive, but we also in the Meridian City Council September 25, 2012 Page 45 of 46 same token have lived by our word. We haven't played -- we haven't played games with them and they haven't played games with us and I think that is -- and that I hope will always continue to go with Meridian. With that I move we enter into the collective bargain agreement with Local 4627. Hoaglun: Second. De Weerd: I have a motion and a second to approve the request in front of you. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 12-1529: An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3; Title 3, Chapter 2, Section 4, of the Meridian City Code, Relating to the Issuance of Licenses for Liquor by the Drink, Wine, and Beer Approved De Weerd: Item 10 is Ordinance No. 12-1529. Madam Clerk, will you read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1529, an ordinance of the City of Meridian amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3, Title 3, Chapter 2, Section 4 of the Meridian City Code relating to the issuance of license for liquor by the drink, wine, and beer. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Seeing none, City Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1529 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-A. Any discussion? Madam Clerk will you call roll. Meridian City Council September 25, 2012 Page 46 of 46 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Council, any future meeting topics for agendas? Bird: I have none. De Weerd: I would like to remind you that tomorrow evening at 6:30 here at City Hall is our Neighborhood Stars recognition and I will tell you that the nominations this year certainly were heart felt, but they -- they varied in what each of these neighborhood stars bring to their neighborhood communities and, again, I think it's just a testament as to why this continues to be recognized as a great place to live and it's people like this that really build our community. So, I hope you can join us and with that I would entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETINGADJOURNED AT 9:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) i ~ MAYOR MY DE WEERD ATTEST: CEE H~LMAN, CITY CLERK ~o ~~~ ~a~ DATE APPROVED Q~¢P~ED A~e~s~ a4 j ~~' j~'o City of ~" IDIAN~ ~ IDAMO f' Sr''n~' w ~ yti f Abe TA~AS~