Loading...
HomeMy WebLinkAbout2012-10-16~~E IDIAN~-- CITY COUNCIL 11~I~NDED MEETING AGENDA Tuesday, October 16, 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 Pastor Mark Bryan of Harvest Church Led by Sharon Pryor with Reflections Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. Approve Minutes of September 11, 2012 City Council Workshop Meeting B. Approve Minutes of September 18, 2012 City Council PreCouncil Meeting C. Approve Minutes of September 18, 2012 City Council Regular Meeting D. Approve Minutes of September 25, 2012 City Council PreCouncil Meeting E. Approve Minutes of September 25, 2012 City Council Regular Meeting F. Approve Minutes of October 2, 2012 City Council Regular Meeting G. Interagency Governmental Agreement for Right of Entry between the City of Meridian and the Ada County Highway District Meridian City Council Meeting Agenda -Tuesday, October 16, 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. H. Award of Agreement Renewal for Utility Billing Services to Billing Document Specialists for the Not-To-Exceed Approved Budget Amount of $222,000.00 Farm Lease Agreement Between City of Meridian and American Harvest, LLC for Approximately 77 Acres of Bare Land Not Currently Needed for City Purposes J. Resolution No. 12-880: Approval of a Farm Lease Agreement Between City of Meridian and American Harvest, LLC for Approximately 77 Acres of Bare Land Not Currently Needed for City Purposes K. Modification to Development Agreement for Accolade Apartments (MDA 12-004) by Fields at Gramercy, LLC. L. Resolution No. 12-881: CPAT 12-001 South Meridian by Meridian Community Development Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Changes to the 2010 Existing Conditions Report; 2) The Addition of the Airport-Overland Road Extensions; 3) Changes to the Ten Mile Specific Area Plan (TMISAP); and 4) Miscellaneous Text Changes to the Comprehensive Plan M. Resolution No. 12-882: CPAM 12-004 South Meridian by Meridian Community Development Department Request: Amend the Future Land Use Map (PLUM) to Designate Future Land Uses AND Amend the Area of City Impact (AOCI) in South Meridian N. Findings of Fact, Conclusions of Law for Approval: MDA 12- 005 Sgroi by Nunzio Sgroi Located at 4405 E. Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single-Family Residential Homes on the Site Moved Off of Consent Agenda to Item 6A -Continued to October 23, 2012 6. Items Moved From Consent Agenda A. Item 5N Moved to 6A -Continued to October 23, 2012 (Pg 4-6) Meridian City Council Meeting Agenda -Tuesday, October 16, 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. 7. Action Items A. Public Hearing: RZ 12-002 Central Valley Baptist Church by Alan Baker Located 600 N. Ten Mile Road Request: Rezone of 15.65 Acres of Land from the L-O (Limited Office District) Zone to the C-C (Community Business District) Zone Approved (Pg 7-10) B. Public Hearing: AZ 12-007 Linder Church of Christ by Linder Church of Christ Located 1/2 Mile West of N. Black Cat Road on the South Side of W. Ustick Road Request: Annexation and Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts Approved (Pg 10-18) C. Public Hearing: TEC 12-010 Jericho by Viper Investments, LLC Located 6055 & 6185 N. Jericho Road Request: Approval of a Two (2) Year Time Extension to Obtain the City Engineers Signature on the Final Plat Approved (Pg 18-21) 8. Department Reports A. Mayor's Office: Resolution No. 12-883: Resolution Re- Appointing Tiffany Morrin Seat 6 of the Meridian Parks and Recreation Commission Approved (Pg 21-22) B. Mayor's Office: Multiple Resolutions Appointing Youth Members to the Following City Commissions: Arts Commission, Traffic Safety Commission, Parks and Recreation Commission, Historic Preservation Commission, Mayor's Anti- Drug Coalition, and the Transportation Task Force Approved (Pg 22-23) Resolution No. 12-884: Appointing Jesse Fay to the Arts Commission 2. Resolution No. 12-885: Re-Appointing Devon Pogue to the Traffic Safety Commission 3. Resolution No. 12-886: Appointing Jack Borton to the Parks and Recreation Commission 4. Resolution No. 12-887: Appointing Amber Nelson- Jerolleman to the Historic Preservation Commission Meridian City Council Meeting Agenda -Tuesday, October 16, 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. 5. Resolution No. 12-888: Appointing Cady Shell to the Mayor's Anti-Drug Coalition and Micah Gale to the Transportation Task Force C. Meridian Parks & Recreation Department: Fiscal Year 2013 Budget Amendment for aNot-to-Exceed Amount of $70,338.00 Regarding the Meridian Youth Baseball (MYB) Overflow Parking Lot Project at Settlers Park Approved (Pg 23-24) D. Approval of Award of Bid and Agreement for Independent Contractor Services for "Seasonal Parking Lot -Settlers Park" to C&A Paving Company, Inc. for the Not-To-Exceed Amount of $66,989.00 Approved (Pg 25) 9. Future Meeting Topics Adjourned at 8:07 p.m. Meridian City Council Meeting Agenda -Tuesday, October 16, 2012 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council ®ctober 16, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, October 16, 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, Sonya Watters, John Overton, Chris Amenn, Mike Barton and Dean Willis. Item 1: Roll®call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Welcome to the Meridian City Council meeting. I'd like to thank all of you for attending tonight. For the record it is Tuesday, October 16th. It's 7:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation Led by Sharon Pryor with Reflections Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Sharon Pryor. She is with Reflections Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you, Sharon, for joining us. Pryor: Let's pray. Father in Heaven, thank you for this opportunity to place our city's agenda before you. We thank you that when you bless a city no man can curse it. So, we pray your blessing on Meridian. We pray your blessing on the city fathers. We ask, Father, for your wisdom to be clear tonight. We pray for patience and unity and we ask for people to be able to understand one another as we go forward in this city, in Jesus' name, amen. De Weerd: Sharon, I would like to offer you a City of Meridian pin for leading us today. Pryor: Thank you. Meridian City Council October 16, 2012 Page 2 of 29 Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: On tonight's agenda we have some changes. We need to note that under 5-J that is resolution number 12-880. 5-L is resolution number 12-881. 5-M is resolution number 12-882. And we have a request to move of 5-N -- to remove it from the Consent Agenda and we will make that as 6-A. And under Item 8-A that is resolution number 12-883. 8-B-1 is a resolution number 12-884. B-2 is resolution number 12- 885. B-3 is resolution number 12-886. B-4 is resolution number 12-887. And B-5 is resolution number 12-888. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of September 11, 2012 City Council Workshop Meeting B. Approve Minutes of September 18, 2012 City Council PreCouncil Meeting C. Approve Minutes of September 18, 2012 City Council Regular Meeting ®. Approve Minutes of September 25, 2012 City Council PreCouncil Meeting E. Approve Minutes of September 25, 2012 City Council Regular Meeting F. Approve Minutes of October 2, 2012 City Council Regular Meeting Meridian City Council October 16, 2012 Page 3 of 29 G. Interagency Governmental Agreement for Right of Entry between the City of Meridian and the Ada County Highway District H. Award of Agreement Renewal for Utility Billing Services to Billing Document Specialists for the Not-To-Exceed Approved Budget Amount of $222,000.00 I. Farm Lease Agreement Between City of Meridian and American Flarvest, LLC for Approximately 77 Acres of Bare Land Not Currently Needed for City Purposes J. Resolution No. 12-880: Approval of a Farm Lease Agreement Between City of Meridian and American Harvest, LLC for Approximately 77 Acres of Bare Land Not Currently Needed for City Purposes K. Modification to Development Agreement for Accolade Apartments (MDA 12-004) by Fields at Gramercy, LLC. L. Resolution No. 12-881: CPAT' 12-001 South Meridian by Meridian Community Development Department Request: Amend the Text of the City of Meridian Comprehensive Plan Which Includes the Following: 1) Changes to the 2010 Existing Conditions Report; 2) The Addition of the Airport-Overland Road Extensions; 3) Changes to the Ten Mile Specific Area Plan (TMISAP); and 4) Miscellaneous Text Changes to the Comprehensive Plan M. Resolution No. 12-882: CPAM 12-004 South Meridian by Meridian Community Development Department Request: Amend the Future Land Use Map (FLUM) to Designate Future Land Uses AND Amend the Area of City Impact (AOCI) in South Meridian De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted, 5-J is a resolution number 12-880. 5-L is resolution number 12-881. 5-M is reservation number 12-882. And 6-N has been removed from the Consent Agenda, it will be Item 6-A. With that, Madam Mayor, I move we approve the Consent Agenda as amended and the Mayor to sign and the Clerk to attest. Meridian City Council October 16, 2012 Page 4 of 29 Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council -- seeing none, 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 N. Findings of Fact, Conclusions of Law for Approval: MDA 12- 005 Sgroi by Nunzio Sgroi Located at 4405 . Ustick Road Request for a Modification to the Existing Development Agreement to Allow the Development of Single-Family Residential Homes on the Site De Weerd: Item 6. We did have N moved from the Consent Agenda. So, we will consider this item at this time. Sonya, is this yours? Watters: Yes, Madam Mayor, Members of the Council. Council approved this development agreement modification for the Sgroi property at the October 2nd hearing. As I was going over the findings -- and, actually, a gentleman came into the office yesterday and was inquiring about developing the site with -- at a lower density with less than the 16 lots on the property, which got us to thinking, you know, if -- now is the time to clarify with Council if that would be okay to add to the text to allow 14 single family lots and two townhome lots or fewer, generally consistent with the concept plan and building elevations. I believe that was Council's intent or desire at the meeting for this property to develop at a lower density. So, just wanted to clarify if that would be okay with Council if we just add the text. I will read how staff has proposed it. The site shall be developed into a residential subdivision consisting of 14 single family lots and two townhome lots or fewer, generally consistent with the conceptual development plan and building elevations included in Exhibit A-3. So, staff has prepared two sets of findings, one with the recommended wording tonight and another just as it was approved at the last hearing. De Weerd: Council, any comment? Any problems with the changed wording? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That's fine with me and I think that's the way I understood it. I guess this was a grammatical question. I want to make sure that the or fewer applies to -- one way to Meridian City Council October 16, 2012 Page 5 of 29 read it would be that it only applies to the two townhome lots and I'm not sure how to correct that grammatically to make sure we understand it applies also to the 14 single family lots. I know that's the intent, but -- Watters: Well, it says and -- if Councilman Zaremba has an idea of how he would like to word it, that's -- that's fine or -- or our city attorney. Or Pete. Zaremba: I guess maybe my only suggestion would be to insert the words or fewer twice, once after the 14 single family lots and again after the two townhome lots. Watters: That's fine. Staff can do that. De Weerd: Pete, did you have something you wanted to suggest? Friedman: I was -- Madam Mayor, Members of the Council, I was thinking if we -- and, again, Mr. Nary could correct me if I'm not doing this legally. I would suggest 16 or fewer and in parenthesis 14 single family and two townhouse lots. If that would -- would work both grammatically and legally for the findings. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, of course we discussed this at length at staff before tonight and, of course, now it's more complicated. I guess what we were trying to avoid is that if they wanted to develop at a lower density than what was proposed, normally that's not an issue. Normally that's not a problem. But this has been a particular problem project initially and there were concerns by neighbors. But their concerns were also that it be developed at a lower density. So, we felt that it was appropriate just to clarify that. What I don't want is I guess to make it too complicated and, then, as it clears that they are going to -- they have to do two townhome lots regardless, if they did 12 single family dwellings, is that adequate, does that meet the intent of the Council. So, I guess the concern or maybe the way we need to clarify that we hadn't anticipated was if we put 16 with two townhomes, then, they have to do two townhome lots and they may not. So, it might make more sense to clarify by saying the density can be no greater than what was proposed, either for single families or for the townhome lots. You don't want more than two, because that was all that was ever discussed, and you don't want more than 14 singles, but if they do 12 individual lots, that's fine. If they do their townhome lots and eight single family lots, is that -- is that what the Council is concerned with or is that something you would want them to come back? So, as long as they stay at no more than two single townhome lots and no more than 14 single family lots, that's the max they could do of other type. Does that make sense? And, then, if we -- so, if the wording said simply no greater than those, then, it would allow them to build less than those. Zaremba: Madam Mayor, that certainly works for me. Meridian City Council October 16, 2012 Page 6 of 29 De Weerd: Mr. Rountree. Rountree: Madam Mayor, given some of the problems we have had with language in the past few weeks I see a scenario the way this reads is that they could come in and say we want to build -- we want 12 lots and we are not going to plat, we are not going to develop two of the lots or three of the lots. So, we need language that the development is complete. The way this reads -- or fewer -- indicates to me that they could just plat and develop five lots. Friedman: Madam Mayor, Members of the Council, because this was an 11th hour discussion we had, why don't we just put it off for another week -- there is no urgency here -- and allow us to work with Mr. Nary and come back. I think we get to the sense of the Council and come back with something that I think is -- we can all live with. Rountree: That would be great. Friedman: If that's acceptable to the Council. Rountree: I'm okay with that. Zaremba: Sure. De Weerd: Okay. Hoaglun: Mr. Nary, Madam Mayor, do we need a motion to that effect to set this aside for one week and -- Nary: Yes. Hoaglun: -- bring this back? I would move that we bring back former 5-N, now 6-A, back for consideration next week. Rountree: Second. De Weerd: I have a motion and a second to put this back until next week, which is -- Rountree: The 23rd. Hoaglun: 23rd. De Weerd: -- October 23rd. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 7: Action Items Meridian City Council October 16, 2012 Page 7 of 29 A. Public Hearing: RZ 12-002 Central Valley Baptist Church by Alan Baker Located 600 N. 1'en IViile Road Request: Rezone of 15.65 Acres of Land from the L-O (Limited Office District) Zone to the C- C (Community Business District) Zone De Weerd: Okay. Item 7-A is a public hearing on RZ 12-002. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The first application before you this evening is a rezone for Central Valley Baptist Church. The subject property is located at 600 North Ten Mile Road. It consists of 9.58 -- excuse me -- 15.65 acres of land and is currently zoned L-O. Surrounding the subject site is commercially zoned property to the north and residential property zoned R-15 and C-C. To the south is county residences zoned RUT and, then, also to the west is a portion zoned RUT in the county as well and, then, the applicant is here before you this evening requesting a rezone from the L-O zone to the C-C zone. The Comp Plan does designate this property as mixed use community. Therefore, staff -- the Planning and Zoning Commission found that the site is -- the requested zoning district is compliant with that zoning request before you this evening. If you look at the exhibit on the right- hand side you can see that the site is developed with a 23,000 square foot church. This property was originally annexed in 2003 and that was the same year that the certificate of zoning compliance was issued for the construction of the church site as well. Here is an exhibit just kind of showing you how the site is laid out and what was approved under the certificate of zoning compliance. The requested rezone is merely desired to increase the allowable signage on the property. Currently the way the sign ordinance is written the L-O zone allows a sign of 50 feet -- size feet in height and 50 square feet of background area. If the rezone request is approved that would allow the church to construct a 15 foot tall sign with 70 square feet of background area. At the September 6, 2012, public hearing Planning and Zoning Commission did recommend approval of the application without a development agreement. I'd also mention to Council that when this annexation came through it was disclosed to you that a church was to be constructed on the site. Therefore, a development agreement was not required at the time this property was annexed in 2003. Also speaking in favor at the public hearing was Allen Baker and Ross Mason. Written testimony -- or commenting was also Allen Baker. Key issues of discussion by Commission at that hearing --there weren't any and there are no recommended changes that Commission is requesting before you this evening as well. Staff has not received any additional testimony on the application and 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. De Weerd: Thank you, Bill. Council, any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Meridian City Council October 16, 2012 Page 8 of 29 Rountree: Bill, do you see any -- foresee any situation where a clause would be necessary to revert this back to the original zoning? Parsons: Madam Mayor, Members of the Council, as I have -- Rountree: That we move forward with it. Yeah. Parsons: I would probably say no and the reason being is the church is a permitted use in the L-O zone and it's a principally permitted use in the proposed C-C zone. In speaking with the applicant they do have plans in the future to expand that site -- expand the church use on the site. I'd also point out to Council that although the rezone encompasses 15.65 acres of land, the actual development -- the actual lot that can be developed is roughly 9.58 acres and so if you can look at this exhibit here you can see the site is roughly halfway developed already, so any future development applications could be handled at the staff level as far as certificate of zoning compliance and administrative design review. So, long answer to your question, but I don't see where that would be a problem moving forward. Rountree: Okay. Thank you. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I'm wondering do we have any need to establish a pathway along their southern border or -- since we are asking for a change of zoning, would we need to ask for the pathway? Parsons: Madam Mayor, Members of the Council, that's something that was talked about at the comments meeting and at that time parks department didn't feel that given the nature of the application that it was necessary to require at this time. Zaremba: Okay. Parsons: If you look at how the site's developed that pathway would actually run through the parking lot, so it could be difficult, but I know in some earlier previous discussions with the applicant that was discussed with them moving forward in the future that we may look to them to maybe work with us on getting something established there. Zaremba: Thank you. De Weerd: Okay. If there is nothing further, would the applicant like to come forward? Good evening. Meridian City Council October 16, 2012 Page 9 of 29 Baker: Good evening. De Weerd: If you will, please, state your name and address for the record. Baker: Allen Baker. 2287 West Whitelaw in Meridian. De Weerd: Thank you. Baker: Yeah. We have been in the church now probably approximately five years and we have discovered that the sign is so low when you come from the south you cannot see it and you're right on top of it and you can't even read the sign, because the traffic is so busy there now with the new Ten Mile interchange in there, so we would very much like to have a sign like Ten Mile Christian has across the street with a reader board on it so we can put our announcements up there and our service dates with the times. And right now it's just -- just too small. And, actually, there is too many spiders in that sign anyway to work with it. Thank you. That's all we are asking for is your support on that. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Well, thank you. Baker: Thank you very much for your -- De Weerd: We like short and sweet. Baker: Okay. Thank you. De Weerd: Is there anyone who would like to testify on this application? Staff, any further comments? Parsons: No, Madam Mayor. De Weerd: Okay. Thank you, Bill. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we close the public hearing on Item 7-B. Zaremba: Second. Meridian City Council October 16, 2012 Page 10 of 29 Rountree: Or 7-A. Excuse me. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request in 7-A for RZ 12-002. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-A. Seeing that there is no comments, Madam Clerk? R~II Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. B. Public Hearing: AZ 12-007 Linder Church of Christ ay Linder Church of Christ Located 1/2 Mile Test of IV. Black Cat Road on the South Side of VV. Ustick Road Request: Annexation and Zoning of 21.82 Acres of Land with C-C (17.35 Acres) and R-8 (4.46 Acres) Zoning Districts De Weerd: Item 7-B is a public hearing on AZ 12-007. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is an annexation and zoning request. The site consists of 21.82 acres of land. It's currently zoned RUT in Ada County and is located on the south side of West Ustick Road, midway between Black Cat and McDermott. The applicant requests approval to annex and zone a total of 21.82 acres of land, 17.3 -- 17.35 acres of which to the C-C zoning district and 4.45 acres of which to the R-8 zoning district. A concept plan was submitted that shows a 50,000 square foot church to be constructed with the first phase of development and office, commercial, multi-family, and single family residential uses to be constructed in future phases. The proposed zoning is consistent with the future land use map designations for this site of mixed use community and medium density residential with a neighborhood center overlay. This site lies at the Meridian City Council October 16, 2012 Page 11 of 29 edge of the city's sewer service area. Sewer service to develop the entire property will not be available until a new sewer trunk line is installed from the west into this site. The timing for construction of the new trunk line is not known at this time. The Public Works Department has agreed that a private pressure sewer line would be allowed to serve the church building only, but future further development would not be allowed until the new sewer trunk line is installed. At the time the gravity sewer is available this site will be required to cease the temporary pump station use and connect to gravity sewer at the developer's cost. The developer will also be required to /spray line the existing sewer manhole located on West McMurtry Street. A 25 foot wide landscape buffer is required along Ustick Road in a C-C zoned portion of the site that is adjacent to the residential uses. Business hours of operation in a C-C district are limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. The Settlers Canal runs along the west boundary of the site. Unless improved as a water amenity or linear open space the canal is required to be piped, unless waived by the City Council. To deter access to the canal open vision fencing is required to be constructed along the canal, unless it is improved as a water amenity as part of the development. A section of the city's multi-use pathway is planned along the east side of the canal. Access to the site is required to be provided by the two local streets that stub at the east boundary of the site, West McMurtry Street and West Moonlake Drive. Direct access to Ustick Road is prohibited, unless waived by Council. The Commission recommended approval of the subject annexation and zoning. Shawn Nickel testified in favor of the application. No one commented or opposed the application. And Shawn Nickel also submitted written testimony in response to the staff report. Key issues of discussion by the Commission was the access to Ustick Road, timing for construction of the fence along the canal, and discussion regarding improving the canal as a water amenity if left open. The Commission did modify condition number 1.1-I to allow fencing to be constructed adjacent to the canal at the time the first abutting parcel developed. Outstanding issues for City Council. A waiver is requested to UDC 11-3A-6A, which requires waterways to be piped unless improved as a water amenity or linear open space. The applicant requests approval to leave the Settlers Canal open due to its large capacity and, secondly, a waiver is requested to UDC 11-3A-3A which requires access to be taken from a local street when available. The applicant requests approval of an access to Ustick Road, an arterial street, at the north boundary of the site. No written testimony has been submitted since the Commission hearing. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Council, any questions at this time? Hoaglun: Madam Mayor? I'm sorry. Sonya, looking to the west to the existing RUT, is there any cross-access requirements for that property to the -- to the west -- southwest? Watters: Councilman Hoaglun, Councilmen, I believe that Morgan Grove Lane is a private. No, there is not a requirement for cross-access. Hoaglun: Okay. Thank you. Meridian City Council October 16, 2012 Page 12 of 29 De Weerd: Okay. Any other questions? Shawn. If you will, please, state your name and address for the record. Nickel: Thank you, Madam Mayor. For the record Shawn Nickel, 1589 North Estancia Place, Eagle, Idaho. De Weerd: Thank you. Nickel: It's a pleasure seeing all of you again after so long. Staff has done a good job of explaining the application to you and representing the Linder Church of Christ. They are currently located on South Linder Road, south of Cherry Lane, and this would be their new location -- permanent location sometime in .the future if we do get annexed into the city. Staff did indicate that we have worked with your Public Works Department on a temporary pressure sewer line to provide sewer service to this property, understanding that until the permanent trunk line does come to the property that we wouldn't redevelop the rest of the property. Staff also indicated that this is in a mixed use community area, which is why you see amix -- a mix of uses, including the single family, which we did put to the south and on one of the stub streets to provide a transitional land use to the residents -- the single family residents in Jayden Village and, then, we have a small area of multi-family and, then, the future commercial and office. As staff also indicated, we are asking for two waivers tonight. One is for the piping of the -- of the ditch and the other, which is a lot more important, is that access to Ustick Road. Now, because we did follow your Comprehensive Plan and are providing a mix of uses, including that commercial, I can't imagine this property not having access of Ustick, because it would force all that commercial, residential and church traffic into that subdivision to the east and so with that we have worked with ACHD, they have granted us a temporary full access, with the understanding that it probably would go to a right-in, right-out permanent access in the future and so we did locate that to meet their offset requirements on Ustick Road and that's what you see before you on this conceptual plan. So, we'd ask that you approve that waiver to allow us to have that access onto Ustick Road and, then, that piping waiver for that -- for that drainage --drainage ditch on the west side of the property. We do envision -- since this is a conceptual plan, we do envision that once sewer is available and those other uses are developed at the time we find a developer, then, we can look at whether to incorporate that as open space with the pathway along that canal and, then, decide whether we are going to have fencing -- or how the fencing is going to look and things like that. So, it's all kind of conceptual at this time, except for the church use. So, with that I will stand for any questions. De Weerd: Thank you, Shawn. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 16, 2012 Page 13 of 29 Rountree: Shawn, what would the pipe size be -- requirement for piping Ten Mile? Nickel: We haven't -- we haven't really sized it, but it would be quite alarge -- quite a large -- Rountree: That doesn't help me really. Nickel: Probably more than ten, 15 foot diameter. I mean it's a good size. Bird: It's a big canal. Nickel: It's a good size drain. Or creek. De Weerd: Or waterway. Rountree: Or waterway. De Weerd: Any other questions from Council? Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: Shawn, I'm just curious. My question earlier about the access and cross- access agreement, just looking at the development and future offices, single family, and knowing down the road that land to the west -- southwest there that's available may develop in the future and I was just kind of curious as to making sure we don't put ourselves into a bind, because what's their access point if -- if that develops. Is that coming through a subdivision or is that coming through -- if we granted an access point from Ustick Road, that would seem most likely to then file -- to go on back to that development, whatever that might be, but -- Nickel: Correct. And we did not discuss that at this time with ACRD or the city, just because we didn't really have a detailed plan. We would be all in favor of providing cross-access to the west, as staff indicated, that is a private road North Morgan Grove within the county. It is RUT, so we do expect it to develop sometime in the future. So, we wouldn't be against that. It will probably come up once we actually detail those plans. Hoaglun: Okay. Nickel: That's a good point. Hoaglun: I think I saw on the other entrance into the subdivision isn't that North Christian Way that goes in from the subdivision -- if you can go back to that other slide Meridian City Council October 16, 2012 Page 14 of 29 we had. I was trying to read that on the other one. Yes. In kind of watermark there. Was that North Christian Way? Friedman: That's correct. Hoaglun: Okay. So, that's the only way you have to get to the church, North Christian Way. It's just meant to be, Shawn. Nickel: Oh, I -- I was wondering where you were going, but, you know what -- Hoaglun: I'm sorry. Nickel: -- I noticed that a long time ago. Hoaglun: You know, we can't do anything about that. Sorry. It's just a sign. De Weerd: He did throw you, because he had a straight face. Nickel: I was being way too serious. Hoaglun: You were deep into that one. Nickel: We saw that as well. Hoaglun: So, anyway. No. I think that's something we need to take a look at. But was just curious on your thoughts about -- about that possible future development. It's hard to tell, so I was looking at -- you know, if cross-access -- if they come off -- if access is granted, then, how we can access that property to the west. De Weerd: Okay. Thank you. Nickel: Thank you. Zaremba: Madam Mayor? De Weerd: Oh. Shawn. Hold on for a minute. Mr. Zaremba. Zaremba: I'm not sure it's a question, but it is a comment. On the access to Ustick -- and -- are you comfortable with knowing that eventually it will be a right-in, right-out? And the reason I ask that is that we go look at it now and it would seem like a full access would be fine, but we have to remember that when Highway 16 comes along there will actually be an interchange at Ustick Road less than a mile from this and it will be a very busy arterial and I can see the need to go to right-in, right-out certainly at that point, so you're comfortable with that being a condition? Meridian City Council October 16, 2012 Page 15 of 29 Nickel: Councilman Zaremba, yes. And we did -- before we even started designing this and looking at it we met with ACHD and also with your staff and ACRD told us from the very beginning that, you know, full access would be temporary, probably aright-in, right-out and we are actually going to work with ACHD as soon as we get approval tonight immediately to try to get within their development agreement some wording that will show that that is -- that will be -- it will recognize that it will be a right-in, right-out and we are comfortable with that. We just don't want to have no access. So, we are comfortable with the right-in, right-out. Zaremba: Okay. And the other -- I'm not sure I was hearing everything you said about the waterway and I do agree that it's a sizable waterway, which would require big piping, but if you're talking about making it an amenity of some sort, then, you don't need the variance either. But were you saying you were going to -- as part of the future development it was possible that there would be a decorative -- Nickel: We don't know at this point what -- or who is going to develop it and so we could look at that time to see if we could incorporate it as a -- more of an amenity. There is a city pathway that's going to go along it, so it would probably make sense to have it stay more natural or improved. Zaremba: So, the question for the variance is you don't want to promise that yet, you want to leave it -- Nickel: We don't want to promise that yet. Zaremba: Okay. Nickel: Yeah. Leave it flexible. But, yeah, I guess we have to ask for the waiver now for that condition on -- within your development agreement. Zaremba: Thank you. Nickel: Thank you. De Weerd: Okay. Thank you. Rountree: Madam Mayor, I had another question for Shawn. De Weerd: He keeps -- we'll just tell you you can walk off -- Zaremba: It's been so long since we have seen you we want to keep you here. Nickel: I like it. Rountree: I like the little dance you do. I looked at ACHD's 17 page letter, but I don't know that in one spot it really gives me a whole lot of specifics. What's the typical Meridian City Council October 16, 2012 Page 16 of 29 section they want at that access that they would allow on Ustick? Ustick is a fairly high speed facility at that point. It seems to me that any turning movements would have to be accommodated by decel lanes, turn bays, and that sort of thing. And, if not, I can tell you it's a hazard, because just down the road at a similar church it's crazy what goes on on Ustick. People come in and out of the church and they don't look at Ustick and at that point Ustick is 40 miles an hour. I think it's 50 miles an hour or 45 at this location. It's bizarre. So -- and there is not a lot of accommodation at that location and I -- Iwould think there needs to be some here, because of the speed and I hate to see the speed limit reduced. I mean people are going to drive it that fast. It's rural, they are going to go. Nickel: Yeah. I don't believe that ACHD indicated any type of -- Rountree: I think we have a gentleman in the back that can answer that question. De Weerd: Very anxious to as well. Rountree: He's ready to jump up here. Lucas: Madam Mayor, Members of the Council, for the record Justin Lucas, representing the Ada County Highway District. Business address is 3775 Adams Street in Garden City, Idaho. De Weerd: Thank you. Lucas: I'm happy to respond to Councilman Rountree's question. At this time ACHD is only responding to the rezone request, so we have no certificate of zoning compliance, we have no plat, we have nothing specific to get into the details of exactly what we are going to require on the site. So, what you're seeing here in the conceptual plan -- we are not saying this is everything we need, all we are saying is the access, if it is to go in, at some point in the future will likely be restricted to right-in, right-out and, then, the details of the deceleration zone or anything like that would happen through the -- either through a certificate of zoning compliance or through a plat as -- as the applicant comes forward. And so that's just how our process is, because at the rezone level we don't really have any way to require them to do things that are very specific like you're mentioning, but we can at the -- at the more specific development when they come in for the actual -- actual development. So, that's just how we process this. I can't speak to exactly what we are going to require at this time, that's not my area of expertise, but we do often on high speed facilities require deceleration lanes, we require all the things that you have mentioned. So, if it's a best practice we will require it. De Weerd: I think the congregations kind of already trained -- it's not too unsimilar to the Linder Road issue and where their church comes out right now, so -- thank you, Justin. Lucas: Thank you. Meridian City Council October 16, 2012 Page 17 of 29 De Weerd: Okay. I do have -- it's always nice to see these -- a lot of names on these sign-up sheets and they are all in favor. So, congratulations on that. I will read into the record those who have sign up in favor and if you would like to provide testimony you can come forward at the time I call your name or it will just be noted in the record that you are in support of this application. Rich Amyx is for. Noland Fox is for. Ken Welch is for. Shelly Kinder is for. And if I ruin your name I apologize in advance. Linda Welch is for. Dana Patterson is for. And Taylor Patterson is in favor as well. Thank you for joining us. Is there anyone else who would like to be -- to provide testimony on this item? Council, any further information needed? Okay. Shawn, any final comments? Staff? Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on AZ 12-007. Hoaglun: Second. De Weerd: I have a motion and a second to close the item on AZ 12-007. 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 AZ 12-007, to include staff and applicant comments and include the agreement for the waiver to piping the Settlers Canal waterway, which is adjacent to this property, including the applicant's comments that they are aware of the requirement for a pathway and may or may not at that time incorporate this as a water amenity, but we are approving the waiver and also approving the waiver and allowing access to Ustick Road, again, acknowledging that ACHD is the controller of how that develops, but we support that in the future it be a right-in, right-out only. Hoaglun: Second that. De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 16, 2012 Page 18 of 29 Rountree: I would like a couple things clear in the motion. One is that the improvements on Ustick will accommodate the turning movements through the use of turn lanes and decoration lanes. That the waiver for the piping include on the concept plan an ultimate preliminary plat, that the pathway will be provided by the development and coordinated with the city and that cross-access will be provided to the west. Hoaglun: The maker of the motion agrees. Rountree: Okay. Hoaglun: Second agrees. De Weerd: Okay. Hoaglun: And, Madam Mayor, just to discuss this further, when we say the amenities for the waterway and the development, do we mean when the church's development is developed or the full development or is that to be determined with the -- the future concept plan or the DAs and things that come after the annexation? At what point are we going to say, okay, this is when it's necessary? And this might be a question for staff. When is the best time to have that in this process? Watters: Councilman Hoaglun, Mayor, Council, the development agreement currently requires the pathway and fencing to be constructed when the first abutting parcel develops. So, the church is fine to go forward without those, you know, conditions and -- when a subsequent development comes in. Hoaglun: Okay. Great. Thank you, Sonya. De Weerd: Okay. Anything further? Does the applicant understand what the motion is? Okay. Just checking. Okay. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: TEC 12-010 Jericho by Viper Investments, LLC Located 6055 ~ 6185 N. Jericho Road Request: ~-pproval of a Two (2) Year Time Extension to Obtain the City Engineers Signature on the Final Plat De Weerd: Okay. Item 7-C is a public hearing on TEC 12-010. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The last application of the evening is the Jericho time extension. The property consists of 9.52 acres of land, Meridian City Council October 16, 2012 Page 19 of 29 is currently zoned R-15 and R-4 in the city and is located south of Chinden Boulevard and west of North Jericho Road. This property was annexed and platted in 2007. This is the second time extension requested on -- on the project. I'd let Council know that staff is recommending two new conditions to be placed as a requirement on the project. The first is compliance with the -- I sound like a broken record, but the first is to request compliance with the new surety requirements that we adopted in 2011 and also in -- sometime in 2009 or 2010 the city adopted some new lighting standards as well and so staff is recommending that as an additional condition as well. Staff has received written testimony from the applicant. They are in agreement with the recommended conditions of approval and at this time I will stand for any questions you may have. De Weerd: Thank you, Bill. Any questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Do the previous conditions carry over? Is there a number of conditions put on this parcel the last time it came through with respect to irrigation, weed control, removal of trees, that sort of thing? Parsons: Madam Mayor, Members of the Council, those conditions from the previous time extension do you apply to this as well and they are attached in the conditions of approval in the staff report. I would mention to Council that I did drive the property this morning. The irrigation improvements have been completed per the conditions. There are some weed issues on the site. They are not significant, but there were some weeds on the property that exceed code requirements. There are several dead trees on the property as well, so -- but the majority of it is -- it's fairly cleaned up, but other than that everything seems to be in order there and those conditions still apply. De Weerd: Okay. Anything further from Council? Would the applicant like to comment? McKay: Thank you, Madam Mayor. Becky McKay. Business address 1029 North Rosario. Madam Mayor, Council, Councilman Rountree's question, we did obtain approval for the gravity irrigation improvements and we did install that as per Council's condition of approval that it be installed prior to the 2012 irrigation season. I have met with the neighbors in High Tower that were suffering from a -- some flooding issues. The box that was installed with their project was overflowing and they needed a -- some type of a weir installed to control that water a little bit better. We did install the weir. We did pipe our gravity irrigation. They told me that they are absolutely and completely pleased with it. They have had absolutely no issues throughout this irrigation season. Mr. Barton retained a landscape company to maintain the weeds on the property. The neighbors told me that everything was great. They took down a bunch of dead trees. They were maintaining it and, then, here about three months ago the maintenance stopped and the weeds got bad again, so I did send pictures to Mr. Barton and all Meridian City Council October 16, 2012 Page 20 of 29 comments received from the neighbors and he did get someone right out there and they were scraping and taking down weeds. We had sent Mr. Barton additional pictures of this week showing that there needs to be some more maintenance of the weeds adjoining the fence, because I guess they -- it looked like they didn't want to disturb the fence with whatever equipment that they took out there, so they left kind of a band next to the fences and as Mr. Parsons indicated, there are a few dead trees that he needs to take care of. So, I -- I have followed up on that. But as far as all the conditions that the Council imposed, we met them with the last time extension. Any questions? And I think I'm here on the wrong night, because I don't have a church. De Weerd: Well, I was going to say something, but I'm glad you did. McKay: I'm feeling left out. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I have a question about dead trees I guess. At the time this application originally came through they probably were live trees and if they die or are removed there would have been a requirement for mitigation. Is that true if the time has just gone on and they die naturally and -- do they need to be mitigated for? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, that condition was addressed with the previous time extension. The applicant recognized that they had to mitigate for those trees as that was a topic of discussion at the hearing when this project came before you in 2007. What they agreed to in the condition that was placed on the project was the applicant agreed to put a two inch caliper tree in each one of the buildable lots to mitigate for the loss of those trees. So, that has been addressed and is still tied to the project. Zaremba: Great. Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to offer testimony on this item? Seeing none, Council, any further information needed? Do have a motion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on TEC 12-010. Zaremba: Second. Meridian City Council October 16, 2012 Page 21 of 29 De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we approval of TEC 12-010, include all staff and applicant comments and the staff recommendation of the new conditions that were outlined and to include the acknowledgment and future cleanup of the property of weeds and dead trees. Zaremba: Second. De Weerd: I have a motion and a second to approve Item C -- 7-C with the stipulations as noted. Seeing no further comments, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: ®epartment Reports A. Mayor's ®ffice: Resolution No. 12-883: Resolution Re- Appointing Tiffany Morrin Seat 6 of the Meridian Parks and Recreation Commission De Weerd: Item 8-A. Council, in front of you you have resolution number 12-883, reappointing Tiffany Morrin to Seat 6 of the Parks Commission. It wasn't too long ago that Tiffany was appointed to this seat. She took an existing appointment and I am back asking for her to be reappointed for another three years. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 12-883 reappointing Tiffany Morrin to Seat 6 of the Meridian Parks and Recreation Commission. Zaremba: Second. Meridian City Council October 16, 2012 Page 22 of 29 De Weerd: I have motion and a second approving Item 8-A. If there is no comments, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Mayor's ®ffice: Multiple Resolutions Appointing Youth Members to the Following City Commissions: Arts Commission, Traffic Safety Commission, Parks and Recreation Commission, Historic Preservation Commission, Mayor's Anti- Drug Coalition, and the Transportation Task Force Approved Resolution No. 12-884: Appointing Jesse Fay to the Arts Commission 2. Resolution No. 12-885: Re-Appointing Devon Pogue to the Traffic Safety Commission 3. Resolution No. 12-886: Appointing Jack Dorton to the Parks and Recreation Commission 4. Resolution No. 12-887: Appointing Amber Nelson- Jerolleman to the Historic Preservation Commission 5. Resolution No. 12-888: Appointing Cady Shell to the Mayor's Anti-Drug Coalition and Micah Gale to the Transportation Task Force De Weerd: Item 8-B. Council, I interviewed a number of youth for these commissions as listed on your agenda. Myself and Ken Corder interviewed these youth and they have all committed to being good commissioners and youth representatives and to be diligent on their attendance, as I made sure to emphasize that requirement. So, in front of you you do have proposed -- well, resolution number 12-884 for Jesse Fay for the Meridian Arts Commission. The resolution 12-885 for Devon Pogue to the Traffic Safety Commission. Resolution 12-886 for Jack Borton to the Parks Commission. Resolution 12-887 for Amber Nelson-Jerolleman and she is very interested in the Historical Preservation Commission and the last one is Cady Snell -- it is Snell and her resolution is 12-888. Now, you might ask me about an appointment to the Mayor's Anti-Drug coalition. We did want her designated as the youth representative as she will take the place of the MYAC chair and serve on the executive committee for MADC and that is why we asked for a resolution appointing her in that position. I would open myself to any questions. Meridian City Council October 16, 2012 Page 23 of 29 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Resolution 12-888 also includes a second appointment, I believe. Micah Gale to the Transportation Task Force. De Weerd: Yes, it does. Zaremba: That's a compound resolution. De Weerd: It is compound. So -- Zaremba: Okay. De Weerd: Thank you for pointing that out. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we approve resolution number 12-884, resolution number 12-885, resolution number 12-886, resolution number 12-887 and resolution number 12-888 appointing these various members to the following -- to the listed city commissions and Mayor's Anti-Drug Coalition and Transportation Task Force. Zaremba: Second. De Weerd: I have a motion and a second to approve the appointment of youth members to the city commissions as listed in the agenda. Council, are there any questions? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Meridian Parks & Recreation Department: Fiscal Year 2013 Budget Amendment for aNot-to-Exceed Amount of $70,338.00 Regarding the Meridian Youth Baseball (MYB) Overflow Parking Lot Project at Settlers Park De Weerd: Item 8-C is our Parks Department. Council, you heard of this project and this improvement. In front of you is the budget amendment for a not to exceed amount. Meridian City Council October 16, 2012 Page 24 of 29 Here with us is Mike Barton if you have any questions. Mike, do you want to give a short summary? Barton: Yes. Short. De Weerd: Five words or less. Barton: Five words or less. Madam Mayor, Members of the Council, you're well aware that during times of baseball tournaments and special events parking at Settlers Park is at a premium. It forces park users to search for parking in other areas, specifically in the neighborhood to the north and on Ustick and Meridian Roads. At the city's request no parking signs have been put up on Ustick Road, both the north side of Ustick and the South side and also the west side of Meridian Road to increase safety for people that -- that want to find this parking that's at a premium and access the park. Well, this is -- we anticipate this causing a further demand on -- or impact the neighborhood to the north where people will search for available parking. We are requesting this funding to construct a gravel parking lot on property that's owned by Meridian School District directly west of the baseball complex. We are proposing about an acre of gravel that would accommodate 125 cars. The section of that gravel it will be built to withstand the weight of a fire truck and so the fire department can access that should there be an incident in there and we have verbal commitments from both Meridian Youth Baseball and Meridian PAL to reimburse the city 5,000 dollars each upon completion. With that I will stand for any questions. De Weerd: Mr. Hoaglun? Hoaglun: No questions, Madam Mayor. De Weerd: Okay. Hoaglun: I'm ready to make a motion on behalf of the Parks and Rec liaison Councilman Bird if we are ready. I move approval of the budget amendment for a not to exceed amount of 70,338 dollars for the Meridian Youth Baseball overflow parking lot project at Settlers Park. Zaremba: Second. De Weerd: I have a motion and a second to approve the budget amendment in front of you. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council October 16, 2012 Page 25 of 29 ®. Approval of Award of Bid and Agreement for Independent Contractor Services for "Seasonal Parking Lot -Settlers Park" to C&A Paving Company, Inc. for the Not-T'o-Exceed Amount of $66,989.00 De Weerd: Thank you, Mike. The next item is the award of the bid and agreement. Would you like to cover that? Barton: Sure. This temporary gravel parking lot was put out to bid. We received seven bids. C&A Paving was the low bid, 66,989 dollars. Upon award of contract they are just about prepared to move forward. We did give them a notice to get to work on their SWIFs plan and coordination with ACRD, which they turned their SWIFs plan in today and everything looks in order and I think the next step is ACHD and to get a contract with us and they are prepared to push a little dirt around and install the overflow parking lot. De Weerd: We hope by then it is still dirt and not mud. Barton: Hope so. De Weerd: Any questions from Council? Bird: I have none. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move for approval of the award of bid and agreement for independent contractor services for the seasonal parking lot at Settlers Park to C&A Paving Company for a not to exceed amount of 66,989 dollars. Rountree: Second. Weerd: I have a motion and a second to approve Item 8-D. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council October 16, 2012 Page 26 of 29 Item 9: Future Meeting T®pics De Weerd: We are at Item No. 9 on future meeting topics. Anything for consideration for future agendas? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: One item I think needs discussion. The folks from Meridian Heights are interested in presenting some options to the Council. We have had long discussions about their sewer and water out there and the situation they find themselves in. In talking to them is there willingness on the Council to discuss the issue again and look at the options they are wanting to bring forward and if there is a willingness to do so are we willing to do it on a date like October 30th, which is a fifth Tuesday that we normally don't have a meeting, but maybe have a special meeting at 5:00 o'clock. The Mayor and I met with them -- was that earlier this week? Nary: Last Friday. Hoaglun: Oh, last week. Okay. I was going, wow, it seemed like a long time ago. They -- there is -- a few things have changed regarding annexations of property of people who were initially opposed to annexation. There are still some hurdles. I don't want to paint this too rosy of a picture. There is still some difficult decisions that we would have to make, but is there a willingness to go through that one more time and -- as Isee the implications are very long term -- whatever decision we make is going to have an impact for way beyond when we are even around. But it is something I'm interested in hearing and looking at one last time before the die is cast for that future. So, that's my two cents on it, just wanted to know if you other folks wanted to hear the options they are proposing as well. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: We have been around this a minimum of three times. We have made our position extremely clear. They have come back each time saying, oh, we can do it, only to find out in testimony that not only can't they do it, they won't do it. I'm not sure, unless they come forward, specifically address the issues we have brought up and how they are going to address them and handle them, that I want to sit through it again. Those issues -- I don't care if anything's changed out there, they are issues that they have to make. They have to make some long-term decisions and commitments and they have never done that, even though they have told us they are going to do that on several occasions. Now, if they can do that I'm willing to sit, but if I sit through it again and I get answers to the questions that Council asked that, no, we can't do that or we Meridian City Council October 16, 2012 Page 27 of 29 don't want to do that and, in fact, what they want is the rate payers of the City of Meridian to take on their problem I'm not supporting it. De Weerd: Mr. Rountree, I'm sorry, we can't discuss this. We just want -- the question is -- Rountree: No, I'm not willing to hear it and you know why. Hoaglun: And, Madam Mayor, and Councilman Rountree, those -- those issues were pointed out to them, that it was very clear where the Council stood and what the line in the sand was for the City of Council. They assured me, assured the Mayor, that they think they have some options to overcome that. Now, whether or not it satisfies us enough to move forward how they want -- I can't answer that and I'm not going to answer it now anyway even if I did know. But do we want to have this one last discussion and it's a decision, then, that whatever is made, then, is the decision that moves forward and future Councils may either praise us or curse us depending on what the outcome is. De Weerd: I guess, Council, the question at hand is would you entertain a motion for a meeting on the fifth Tuesday, which is not a typical agenda, it is to hear specific questions from the parties that are come and asking for consideration one last time and -- to see if there is interest from Council to come back. It's not going to be a lengthy discussion. What they are doing is trying to set some parameters that they all have to research, come back, and bring a proposal to you, so this is kind of step one of two steps in bringing it back and I guess after hearing the dialogue Councilman Hoaglun and I felt that there had been enough changes to circumstances for this Council to hear it one last time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would be willing to hear the discussion, but I have to agree with Councilman Rountree, they know the requirements. I would not see asking our Public Works staff to put anymore time into this. They have already given their opinion. I am not in favor of doing it as a special meeting. I think it should be part of another regular meeting that we have already scheduled. De Weerd: Mr. Nary, any -- anything you want to add? Nary: Well, Madam Mayor, Members of the Council, without getting into the real specifics, I guess what -- what the group is asking jointly between the Meridian Heights sewer and water district and the property owners there, both the private landowners, as well as the ones that live in the residential portions of the -- portion of our impact area, is they have -- they have tried to meet some of the things the Council has asked. There are some things they can't. So, before they explore further -- and that's I think what the Meridian City Council October 16, 2012 Page 28 of 29 Mayor was indicating them saying, they want to know whether or not -- where they are at is far enough. If it isn't even enough, then, spending more time with the staff and their time and the Council's time isn't worth it. But it's not -- it's not really uncomfortable for staff to try to tell them no, really it's up to all of you to tell them no. And so -- I mean if you want it as part of a regular meeting -- next week is probably too short from talking with them. That might be a little -- a little ambitious to try to meet next Tuesday, so when we start pushing into November we are talking about the -- the Wednesday meeting after the election day and -- I mean there is a time window that they need to have some clear direction from the city as to what you'd like to do. So, that was the only reason for the request for the special meeting on the 30th was simply that the time window right now is a little short and because of the way the meetings are structured. But, you know, without getting into more specifics -- I mean they certainly have met some of the criteria that we have talked about in the past and there is some other reasons and challenges they can't, but there is still a desire to partner with the city and try to solve some of these issues out there in that section of our area, so -- Hoaglun: And, Madam Mayor, and -- to address what Councilman Zaremba brought up -- and the reason was the 23rd was too short, they didn't want to wait longer, because of a lawsuit that's going on out there regarding land and condemnation, so that was an issue. They would rather much -- try to determine what all -- they think they have some options, but they have got to talk to us and, then, we have to make that decision do we want to spend more staff time and staff money on exploring some items that come up at this meeting on the 30th, instead of waiting. That's the earliest date we could find, but it -- recognizing it's the fifth -- fifth Tuesday and we were thinking doing it at 5:00 o'clock for however long we need to say whatever it is we want to say after hearing from them. So, that's -- that's why we picked the 30th to look at, but, again, that's -- that has to work with everyone's schedules, because that is typically not a time we meet, but with the earlier time we thought that would be a little -- a little better at 5:00 o'clock, so I guess I'm looking for the input of -- my desire is to schedule it, let's go at it, see if it's going to work and if not, then, shoot the horse. De Weerd: The horse? Hoaglun: Old farm term I guess. De Weerd: So -- Rountree: Are we voting or is there a motion? De Weerd: I guess we don't need to have a motion, it's just an indication of agreement that you're willing to meet at 5:00 o'clock on October 30th. Mr. Bird? Bird: Yeah. De Weerd: Okay. Mr. Rountree? Meridian City Council October 16, 2012 Page 29 of 29 Rountree: No. De Weerd: Mr. Zaremba? Zaremba: I don't have my calendar in front of me and I'm -- nothing is standing out in my mind, but I would try and make it if we absolutely had to. De Weerd: Okay. So, I think we will at least have a quorum. It is October 30th at 5:00 o'clock. We will go ahead and post that. Okay. Hoaglun: Appreciate the input. Thank you. De Weerd: Thank you. Is there anything further for the good of the order? If not, I will entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~.~ui ..wJr~ ~l `~ / Z~/Z MAYOR MY DE WEERD DATE APPROVED ~SU~p'fIlD A DCL~J ATTEST: \~~ '9e. ~ ~n A ~ k .. cry°c CITY ~ '°""° ~ V SEAL j 9rfQ OT f1, TAEASOFE',!