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HomeMy WebLinkAbout2012-12-18~~E IDIAN^-- CITY COUNCIL REGULAR MEETING AGENDA ~~AMENDED~~ Tuesday, December 18, 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 ~°_" '"'' ' ^^"~+ ~r^"° `"!W: w Rescheduled to January 15, 2012 3. Community Invocation by Michael Pearson with the Seventh Day Adventist Church 4. Adoption of the Agenda Adopted 5. Community Items/Presentations A. Police Department: Swearing in of New Police Officer (Pg 2-4) 6. Consent Agenda Approved (Pg 4-6) A. Amend PY2011 CDBG Sub-Recipient Agreement with Meridian Development Corporation B. Amend PY2010 CDBG Sub-Recipient Agreement with the Ada County Housing Authority (ACHA) C. Amend PY2011 CDBG Sub-Recipient Agreement with the Ada County Housing Authority D. Donation of Fire Equipment to Jordan Valley Ambulance E. Approve Minutes of December 4, 2012 City Council Regular Meeting Meridian City Council Meeting Agenda -Tuesday, December 18, 2012 Page 1 of 5 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. F. Findings of Fact, Conclusions of Law for Approval: PP 12-012 Scentsy Commons Subdivision by HOT1, LLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots on 60.727 Acres of Land in the I-L, L-O and C-G Zoning Districts G. Findings of Fact, Conclusions of Law for Approval: PP 12-013 Bienville Square East by Alliance Management Consultants Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval for 28 Residential Lots and 5 Common /Other Lots on 7.89 Acres of Land in an R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: MDA 12- 008 Bienville Square East by Alliance Management Consultants Located at West of N. Eagle Road and South of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement (Instrument #1074437) Approved for Bienville Square Subdivision I. Findings of Fact, Conclusions of Law for Approval: AZ 12-008 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74.6 Acres of Land from RUT in Ada County to the R-4 (Medium Low-Density Residential) Zone J. Findings of Fact, Conclusions of Law for Approval: PP 12-004 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Preliminary Plat Approval of 168 Residential Lots and 18 Common Lots on 74.6 Acres in a Proposed R-4 Zone K. Resolution No. 12-897: A Resolution Amending the Meridian City Policy and Procedures Manual Regarding Policy 6.8 - Conflict of Interest L. Resolution No. 12-898: A Resolution Amending the Meridian City Policy and Procedures Manual regarding Policy 4.3.1- Donation of Vacation Leave to Another Employee for FMLA Qualifying Event M. Approval of Contract Amendment to the Existing Agreement for Independent Contractor Services for Landscape Maintenance to Lawnco for the Not-To-Exceed Amount of Meridian City Council Meeting Agenda -Tuesday, December 18, 2012 Page 2 of 5 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. $93,063.00. This Amendment is the First of Two Additional One Year Extensions for City Wide Landscape Maintenance N. Amended onto the Agenda: Resolution No. 12-902: Resolution Approving Office Lease Amendment for Two year Extension for Raul Labrador O. Amended onto the Agenda: District Office Lease Amendment and Attachment Between the City of Meridian and Raul Labrador P. Resolution No. 12-899: Accepting the 2013 Initial Point Gallery Schedule 7. Department Reports A. Mayor's Office: Resolution No. 12-900: Appointing Ashlyn Morlock as Youth Commissioner to the Meridian Solid Waste Advisory Commission (SWAG) Approved (Pg 6-7) 8. Items Moved From Consent Agenda 9. Action Items A. FP 12-019 Paramount Commercial Southwest No. 2 by Brighton Investments Located Northeast Corner of W. McMillan Road and N. Linder Road Request: Final Plat Consisting of Five (5) Commercial Lots on 3.21 Acres in a C-G Zoning District Approved (Pg 7-9) B. Public Hearing: TEC 12-011 Larkspur South Subdivision by Sawtooth Land Surveying Located East of S. Meridian Road and Approximately a 1/4 Mile North of E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat Approved (Pg 9-11) C. Public Hearing: AZ 12-012 Tradewinds Subdivision by SDN, LLC Located at Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Annexation and Zoning of 10.42 Acres of Land to the R-8 Zoning District Approved with Conditions (Pg 11-18) D. Public Hearing: PP 12-015 Tradewinds Subdivision by SDN, LLC Located Southeast Corner of E. Victory Road and S. Meridian City Council Meeting Agenda -Tuesday, December 18, 2012 Page 3 of 5 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. Locust Grove Road Request: Preliminary Plat Consisting of 39 Building Lots and 3 Common /Other Lots on 9.11 Acres of Land in a Proposed R-8 Zoning District Approved (Pg 11-18) E. Public Hearing: AZ 12-011 Citadel Self-Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Annexation of 5.46 Acres of Land from RUT in Ada County to the C-C (Community Business District) Zoning District Approve with Conditions (Pg 18-26) F. Public Hearing: CUP 12-016 Citadel Self-Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Conditional Use Permit Approval fora Self-Service Storage Facility Consisting of Fourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C-C Zoning District Approved Pg 18-26) G. H. Public Hearing: VAR 12-003 Citadel Self-Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Variance for Emergency Access to Chinden Boulevard (SH 20/26) Approved with Comments (Pg 18-26) 10. Continued Department Reports A. Community Development Department: Continued Discussion of County Subdivision Application (Rescue Ranch) Recommended Approval with Comments (Pg 26-30) B. Public Works Department: Meridian Heights Water and Sewer District Update Vacated (Pg 30-31) C. Parks and Recreation Department: Settlers Village Square Phase 2 Tennis Courts Update (Pg 31-41) D. Parks and Recreation Department: 2013 Pathways Development Priorities Discussion 1. Resolution No. 12-901: 2013 Pathways Development Priorities Approved (Pg 41-42) Meridian City Council Meeting Agenda -Tuesday, December 18, 2012 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Police Department: Budget Amendment for Emergency Replacement of a Police Department Motorcycle for the Not-to- Exceed Amount of $19,000.00 Approved (Pg 42-43) F. Community Development/Building Services Department: Updates to Plumbing Code (Pg 43-45) 11. Ordinances A. Ordinance No. 12-1536: An Ordinance for the Re-zone of .58 Acres from L-O to R-15 for the Rockcreek Apartments Located at 1023 and 1025 W. Pine Avenue, Meridian, Idaho Approved (Pg 45-46) 12. Future Meeting Topics Adjourned at 9:03 p.m. Meridian City Council Meeting Agenda -Tuesday, December 18, 2012 Page 5 of 5 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 December 18, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 18, 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, Bruce Chatterton, Bill Parsons, Chris Aman, Jeff Lavey, Warren Stewart, Bruce Freckleton, Brent Bjornson 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: Well, good evening. I will go ahead and get this meeting started. We would like to begin by thanking you for joining us here this evening. For the record it is Tuesday, December 18th. It's 7:00 p.m. We will start with roll call -- roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance. De Weerd: Item No. 2 is the 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 Michael Pearson with the Seventh Day Adventist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson. He is with the Seventh Day Adventist Church here in Meridian. Thank you for joining us. If you will, please, join us in the invocation or take this as an opportunity for a moment of reflection. Thank you. Pearson: Father in Heaven, it is with sober hearts tonight that as one nation we mourn the loss in Newton, Connecticut, tonight. As we call -- have called this City Council together, a note to be very much on the hearts of each one that Meridian be a safe city for families and children and as we peel each level of the union away to get to the core, we recognize that ultimately all business conducted in this chamber has that as its goal. And so we lift up Mayor Tammy and the Councilmen and the staff that work in this building and ask that you will give each one divine wisdom, that each person will be open to your Council and that as citizens of this city each one of us, those especially Meridian City Council December 10, 2012 Page 2 of 47 who contribute tonight, that our perspectives will be where they need to be, that irrespective of each item discussed that in a collaborative effort between heaven and earth that you will save our children and that you will give us the wisdom in our deliberations. We ask this in the name of Jesus Christ, our Lord and Savior, amen. De Weerd: Thank you so much for joining us and for reminding us of the events that -- that are most important in our lives and many of the things that we take for granted and it's certainly great to see two of our newest here to be sworn in, because they are going to be those that keep our community safe. Thank you. 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 items on the agenda to add and switch around. Under Item 6, the Consent Agenda, 6-K is Resolution No. 12-897. 6-L is Resolution No. 12-898. 6-N we want to amend. onto the agenda as Resolution No. 12-902 and ..it's a resolution. approving the office lease amendment for a two year extension for Congressman Labrador. And 6-O we also want to amend onto the agenda. It's the district office lease amendment and attachment between the City of Meridian and Congressman Labrador. 6-P is Resolution No. 12-899. Under Department Reports, 7-A is Resolution No. 12- 900. And under ten, Item 10, Continued Department Reports, 10-B, staff is requesting we vacate this item, the Meridian Heights Water and Sewer District update. 10-D-1 is Resolution No.12-901. And 11-A, under Ordinances, it is Ordinance No. 12-1536. 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: Community Items/Presentations A. Police Department: Swearing in of New Police Officer De Weerd: Item 5 is our Community Presentations. I will turn this over to Chief Lavey. Lavey: Thank you, Madam Mayor, Council. It's always a pleasure for me to come before you and introduce new staff for the police department and that's what we intend to do today. If I could have Officer Tiner -- the Meridian Officer Tiner -- I believe there is Meridian City Council December 18, 2012 Page 3 of 47 two in the room -- come forward. And, Mitch, if you would just kind of stand there for a minute. I'd like to take this opportunity just to give you a small introduction with Officer Mitchell Tiner. Officer Tiner came to us from a southern state as a police officer and he's been with us for approximately one month. He decided to move his family up to the Treasure Valley. He already has some family that are working up here and his wife is currently a nurse at St. Luke's and so he works for the Meridian Police Department, she works for St. Luke's downtown. Maybe we can get her out to Meridian someday. And he also has a cousin that works for the Boise Police Department, Officer Tiner for the Boise Police Department as well. What we would like to do is do a swearing in today, have his wife pin on his badge to make it official, and, then, if you have a few words we can have time for that as well. So, Mitch, if you would raise your right hand and repeat after me. (Oath repeated by Officer Tiner) Lavey: I, Mitchell Tiner, do solemnly swear or affirm, that I will support the Constitution of the United States and the constitution and laws of the state of Idaho, and the laws and ordinances of the City of Meridian. That 1 will abide by the Law Enforcement Code of Ethics and policies and procedures of the Meridian Police Department. That Iwill -- that I will obey lawful orders of those appointed over me and that Iwill -- excuse. me. -- to the best of my ability, faithfully discharge all. the. duties of police officer in and for the City of Meridian, state of Idaho, so help me God. Now, usually they are wearing their vests when they pin the badge on and I noticed today when I was practicing that he's not wearing his, so if he screams we might need some first-aid over here, but -- Madam Mayor, Council, thank you for your time. I see that he's actually brought a lot of family with him and oftentimes that would have really filled the room up. We have one or two people here, but we have got quite a few people here today. But they contributed. De Weerd: Officer Tiner, maybe you want to introduce some of your key family members. Lavey: Go ahead. Tiner: Absolutely. Lavey: It's all yours. Tiner: Thank you. My wife is here, Alissa. My two children, Alena and Carson, they are three and four. My mother-in-law Ruth. My aunt and uncle Vicky and Randy Tiner. My grandmother and grandfather Frieda and Wally Nichol and my cousin Erik Tiner. De Weerd: Well, thank you for joining us. I will say welcome to the City of Meridian and to our family. Certainly family is important in this community, we are very family oriented, but we take each of our employees and we hope they feel like they have become a member of our family. We will take good care of him. We have the -- in my Meridian City Council December 18, 2012 Page 4 of 47 biased opinion the best police force around and certainly in the state of Idaho. Sorry to your brother who is not of Meridian Police Department -- or cousin. But we welcome you to our family to the City of Meridian and we will tell you in advance we appreciate that service that the men and women of Meridian Police Department give our community. We are one of the safest in the state and we intend to stay that way. Tiner: Well, thank you very much. I'm happy to be part of the force and part of the Meridian family. I appreciate it. Thank you. De Weerd: Thank you. Hoaglun: Thank you. Rountree: Welcome. Thank you. Item 6: Consent Agenda A. Amend PY2011 CDBG Sub-Recipient Agreement with Meridian Development Corporation B. Amend PY2010 CDBG Sub-Recipient Agreement with the Ada. County Housing Authority (ACHA) C. Amend PY2011 CDBG Sub-Recipient Agreement with the Ada County Housing Authority D. Donation of Fire Equipment to Jordan Valley Ambulance E. Approve Minutes of December 4, 2012 City Council Regular Meeting F. Findings of Fact, Conclusions of Law for Approval: PP 12-012 Scentsy Commons Subdivision by HOT1, LLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots on 60.727 Acres of Land in the I-L, L-O and C-G Zoning Districts G. Findings of Fact, Conclusions of Law for Approval: PP 12-013 Bienville Square East by Alliance Management Consultants Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval for 28 Residential Lots and 5 Common /Other Lots on 7.89 Acres of Land in an R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: MDA 12- 008 Bienville Square East by Alliance Management Meridian Clty Council December 18, 2072 Page b of 47 Consultants Located at West of N. Eagle Road and South of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement (Instrument #1074437) Approved for Bienville Square Subdivision Findings of Fact, Conclusions of Law for Approval: AZ 12-008 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74.6 Acres of Land from RUT in Ada County to the R-4 (Medium Low-Density Residential) Zone J. Findings of Fact, Conclusions of Law for Approval: PP 12-004 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Preliminary Plat Approval of 168 Residential Lots and 18 Common Lots on 74.6 Acres in a Proposed R-4 Zone K. Resolution No. 12-897: A Resolution Amending the Meridian City Policy and Procedures Manual Regarding Policy 6.8 - Conflict of Interest L. Resolution No. 12-898: A Resolution Amending the Meridian City Policy and Procedures Manual regarding Policy 4.3.1- Donation of Vacation Leave to Another Employee for FMLA Qualifying Event M. Approval of Contract Amendment to the Existing Agreement for Independent Contractor Services for Landscape Maintenance to Lawnco for the Not-To-Exceed Amount of $93,063.00. This Amendment is the First of Two Additional One Year Extensions for Wide Landscape Maintenance N. Amended onto the Agenda: Resolution No. 12-902: Resolution Approving Office Lease Amendment for Two year Extension for Raul Labrador O. Amended onto the Agenda: District Office Lease Amendment and Attachment Between the City of Meridian and Raul Labrador P. Resolution No. 12-899: Accepting the 2013 Initial Point Gallery Schedule De Weerd: And to the family members, you do not have to stay. Item No. 5 -- or under -- Item No. 6 is our Consent Agenda. Meridian City Council December 78, 2012 Page 6 of 47 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted earlier, Item 6-K is Resolution No. 12-897. 6-L is Resolution No. 12-898. 6-N is Resolution No. 12-902 that we have amended onto the agenda approving the office lease for the two year extension for Congressman Labrador's office. We also amended on 6-O, which is the district office lease amendment and attachment between the City of Meridian and Congressman Labrador and 6-P is Resolution No. 12- 899. So, with that, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried.., MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Mayor's Office: Resolution No. 12-900: Appointing Ashlyn Morlock as Youth Commissioner to the Meridian Solid Waste Advisory Commission (SWAG) De Weerd: Item 7-A is a Resolution, 12-900, appointing Ashlyn_ Morlock as our youth commissioner on the SWAG committee. We had two young ladies that were -- were very qualified and very passionate about the topics that the Solid Waste Advisory Commission discusses. Ashlyn is a member of the youth council and you do have information in your packets and I would entertain any questions if you have any. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No questions. I would move the adoption of Resolution No. 12-900 appointing Ashlyn Morlock to the Meridian Solid Waste Advisor Commission. Rountree: Second. De Weerd: I have a motion and a second to approve the resolution in front of you. Meridian City Council December 18, 2012 Page 7 of 47 Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Action Items A. FP 12-019 Paramount Commercial Southwest No. 2 by Brighton Investments Located Northeast Corner of W. McMillan Road and N. Linder Road Request: Final Plat Consisting of Five (5) Commercial Lots on 3.21 Acres in a C-G Zoning District De Weerd: So, we will move right into our Action Items. ,Item 9-A is FP 12-019. I will. turn this over to Bill for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. First application before you this evening is the Paramount Commercial Southeast Subdivision No. 2. The subject property consists of 3.21 acres. It's currently zoned commercial within the city limits and is located near the northeast corner of Linder Road and McMillan Road. The applicant is requesting final plat approval of five commercial lots. The property received preliminary plat approval in 2007. This is the third and final plat proposed for the Paramount Commercial Subdivision and the proposed final plat before you this evening does comply with the approved preliminary plat as well. Staff has received written testimony from the applicant. They are in agreement with the conditions in the staff report. I would mention that the applicant did provide written testimony to folks to provide that they acknowledge all the conditions, but condition number six, which requires temporary fencing along the construction boundary of the subdivision, they wanted to go on record to state that they actually have a trash collection for the Paramount Subdivision where their contractors go out there and make sure the construction sites are cleaned up on a regular basis and that was approved with that subdivision back in '03 and we continue to monitor that to this date as well and, then, when this preliminary plat came before you in 2007 staff had recommended a condition that they provide apublic -- or, excuse me, a private street in the future with a -- with another development phase. Staff had added a condition that with a future plat they would have to submit that private street application, because that has no bearing on this application this evening and we are not requiring a private street with this final plat, staff is just recommending that Council omit -- delete that condition from the staff report. At this time that concludes my presentation. I will stand for any questions you have. Meridian City Council December 18, 2012 Page 8 of 47 De Weerd: Thank you, Bill. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Wardle: Thank you, Madam Mayor. Mike Wardle, Brighton Corporation, 1260 West Explorer Drive in Boise. De Weerd: Thank you. Wardle: I appreciate staffs comments. There were only two issues that we had and they were really not issues of contention, but just clarification that we provided to staff and the clerk's office and staffs suggestion that Condition 13 be removed at this point is appropriate. That was one that Mr. Turnbull asked me to kind of address in the qualifying statement. It's really not applicable to this phase, but it's something that is probably already addressed, because on that --,on the screen it hows that there is a service drive -- it may not at this point be determined -- or called out as a private street, but it does make the connection from the public street to the north to McMillan Road on the south as that condition requires in a future phase. So, we are in accord with staff's recommendation and do ask for your approval. I would be happy to answer any questions you have. De Weerd: Thank you, Mr. Wardle. Any questions for the applicant? Bird: I have none. Rountree: I have none. Wardle: Thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the final plat for Item 9-A, 12-019, with the removal of the Condition No. 13 and the understanding that the trash implementation program will be in effect. Zaremba: Second. Meridian City Council December 78, 2072 Page 9 of 47 - De Weerd: Okay. I have a motion and a second to approve Item 9-A with comments provided. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TEC 12-011 Larkspur South Subdivision by Sawtooth Land Surveying Located East of S. Meridian Road and Approximately a 114 Mile North of E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat De Weerd: Item 9-B is a public hearing on TEC 12-011. I will open this public hearing with staff comments. Parsons:.. Thank .you, Madam Mayor. and Members of the Council Next item is Larkspur South Subdivision time extension. Council acted on two final plats earlier this year -- earlier in the summer that approved phase number four and number five. The applicant was unable to meet those time constraints for getting signature on those plats, so they are here this evening requesting a time extension. I would let Council know that this fourth phase of -- fourth phase of development is currently under construction and is nearing completion and the plat -- expiration date on the plat was November 26th. The applicant is requesting a two year time extension, because all the appropriate conditions are in place with this previous approval of the final plat. Staff is not recommending any new conditions as part of the preliminary plat time extension. The applicant has been conditioned to comply with all conditions relevant to this project as well. Staff has not received any written testimony on the application and to staffs knowledge there are no outstanding issues before you and this concludes my presentation, I will answer any questions you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Good evening. Porter: How are you? De Weerd: Very good. How are you? Meridian City Council December 18, 2012 Page 70 of 47 Porter: Well, thank you. De Weerd: If you will, please, state your name and address for the record. Porter: Gus Porter, 207 West Main Street in Emmett. De Weerd: Thank you. Porter: The reason that we are applying for this time extension -- I just want to let Madam Mayor, Members of the Council know, is due to the right of way vacation issue that we have been dealing with on the east end of Edmonds Court and, basically, ACHD is backlogged right now and that has pushed the -- the date that we can get approval clear out until February when they will actually sign our final plat and they have to come, of course, before the city engineer and so it's, basically, an issue that's outside of myself as the agent or the developer's control and so it's kind of got us in this pickle. De Weerd: I can certainly understand that. Council, do you have any questions for the applicant? Bird:. I have none. C De Weerd: Okay. Porter: Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 12-011. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian Clty Council December 78, 2012 Page 11 of 47 Bird: I move we approve TEC 12-011 and to include staff and applicant testimony. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no further comment, Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: AZ 12-012 Tradewinds Subdivision by SDN, LLC Located at Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Annexation and Zoning of 10.42 Acres of Land to the R-8 Zoning District D. Public Hearing: PP 12-015 Tradewinds Subdivision by SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Preliminary Plat Consisting of 39 Building Lots and 3 Common /Other Lots on 9.11 Acres of Land in a Proposed R-8 Zoning District De Weerd: Item 9-C and D are public hearings on AZ 12-012 and PP 12-015. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the Tradewinds Subdivision. The site consists of 10.42 acres. It's currently zoned RUT in Ada County and is located on the southeast corner of South Locust Grove and East Victory Road. You can see right now it's primarily vacant ground. Surrounding this site are some city subdivisions and, then, on -- to the south of this will be possibly future home of a city well site. The applicant is requesting to annex and zone 10.42 acres of land with the R-8 zoning designation. The comp plan designates the property as medium density residential and anticipates densities between three and eight units to the acre. The proposed plat before you this evening has a density of 3.72, which is consistent with that designation. The proposed preliminary plat consists of 38 residential lots and three common lots, all to develop in two phases. Access to the site will be provided from Locust Grove here and, then, a stub street for future connectivity is provided along the east boundary. There is no direct lot access to Victory Road or Locust Grove. Open space for the site includes street buffers along Victory Road and Locust Grove, which is a 25 foot requirement for the UDC. The applicant has a passive open space lot here. The applicant has also agreed to construct a pathway from the sidewalk to the common lot to connect to the sidewalk within the development here. The planned amenity is a half basketball court here and, then, this is a more common passive open space lot and, then, additional open space will be tree lined streets and all Meridian City Council December 18, 2012 Page 12 of 47 of that. The plat by itself complies with the ten percent requirement by the UDC. The applicant has submitted conceptual elevations for you this evening. This is what you can expect to see constructed on the site. Because there is an annexation involved staff is recommending a development agreement. The only recommended DA provision is that they comply with the submitted elevations, submit a preliminary plat, and submit a landscape plan before you this evening. Commission did add a recommended condition of approval. Given the timing of this site adjacent to the well lot to the south, staff wanted to make sure that access to the well lot is provided from a local street and not an arterial street and so Commission made a recommendation and added a provision -- a DA provision that requires cross-access -- that they grant the parcel to the south cross-access with that DA. Again, Commission did recommend approval of that. Speaking in favor at the public hearing was Kevin McCarthy. Staff did receive written testimony from Kirsten Thompson and Kevin McCarthy. Key items of discussion was the timing for the construction of the sidewalks along Locust Grove and Victory Road. And, then, also one thing you should be aware of, at some point that intersection will be a roundabout similar to what you see on Amity and Eagle Road. So, there really aren't plans as to what that pedestrian connection would look like in that area, so they did agree to an asphalt sidewalk or temporary sidewalk as an interim basis until they get that intersection designed. So, I wanted to make that -- make you aware of that as well. And, then, other than that there are no other outstanding issues before you and I would be happy to answer any questions you have.., De Weerd: Thank you, Bill. Any questions at this point? Mr. Zaremba. Zaremba: Thank you, Bill. The out parcel on the northwest end of this project currently has access to Victory Road I would assume. Are --are we considering whether or not if that develops differently sometime that it would need to lose that access and access through this subdivision or has that been discussed? Parsons: Madam Mayor, Councilman Zaremba, that parcel is not part of this application, but you can look at the design of the plat you can see that local street access will be provided in the future. So, if and when that gentleman comes in or has to annex into the city he will -- more than likely staff will be recommending, based on UDC requirements, that he close off that access and take access from that local street there. I know he did approach -- Zaremba: Just making sure that that's possible for this little strip here, so -- okay. Thank you. Parsons: Yeah. De Weerd: Any other questions at this point from Council? Rountree: I have none. De Weerd: Is the applicant here this evening? Good evening. If you will, please, state Meridian City Council December 18, 2012 Page 13 of 47 your name and address for the record. McCarthy: Yes. Good evening. My name is Kevin McCarthy with KM Engineering, 9233 West State Street in Boise. I really don't have much to add to what Bill already explained to you. We are pretty much in agreement with all the conditions that he had listed, so I'm here to answer any questions you may have at this point. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. McCarthy: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Bill, do you have a vicinity map? So, I guess they have an elementary school, don't they? Across the street? Where is that? Victory and Locust Grove? Parsons: Madam Mayor, Members of the Council, l think the nearest elementary school may be Sienna, which is in Tuscany. De Weerd: Okay. So, this will most likely be bused. I know we are very cautious about these parcels that don't have connectivity via a sidewalk, if they are expected to walk to school, especially when you don't see the connectivity out there. So, did we get a letter from the school district? Parsons: Madam Mayor, I can look in the file and see. De Weerd: I think it's probably more than a mile, so I would imagine they would be bused. Does the applicant know? Okay. Parsons: Madam Mayor, one other item that I can shine some light on as well for you and the Council is -- the applicant is required to install those temporary sidewalks with phase one. I don't know what their timing is for those, but at least along Locust Grove and Fairview you will -- you will get that. I think there is another elementary school -- I believe we held a neighborhood meeting over there off of Ustick -- or not -- sorry, not Ustick, but Amity -- Locust Grove and Amity, that middle school there. I don't know how far a distance that is from here. Bird: Mary McPhearson. Rountree: Mary McPhearson. De Weerd: That is going to be a middle school. Yeah. Okay. Council, any other Meridian City Council December 18, 2012 Page 14 of 47 questions or information needed from staff or the applicant? Rountree: Madam Mayor, I have a question for Bill. De Weerd: Mr. Rountree. Rountree: Bill, would a DA provision that would make it clear that there will be public access to the out parcel from the street that's being provided by this subdivision at a future date, so the future residents are at least informed through some mechanism, whether it's in the CC&Rs or whatever that that's a potential, so we don't have the kinds of conflicts that we have five, six, seven years from now and they don't want anything there. Parsons: Councilman Rountree, my understanding is -- and I apologize, I wasn't at that hearing, I am filling in for Sonya Watters, but my guess is when this gets platted the local street will provide that access. So, across-access may not be viable. I think staff's intention was -- if the water tank gets developed before the subdivision does, that we want permission from the developer to have -- we have permission to go across the property and not have another access point to Victory Road. De Weerd: Are.you talking into your -- your microphone? .Okay. Thank you C Parsons: Sorry. Rountree: Madam Mayor -- back to Bill. My question is about the out parcel. Parsons: Oh. Rountree: On the cross street. Just so it's clear that that public access will be provided off that street to that parcel in the future as it develops. Parsons: At this time we do not have a condition as such, so you may want to add that in there if you want to provide it to that gentleman. Rountree: Thank you. De Weerd: Bill, on that out parcel, again, I -- we have had so many sidewalk issues that -- and connectivity, is there any provision for an easement to make sure the sidewalk happens? Parsons: Madam Mayor, Members of the Council, at this time there are no site improvements proposed along the front of that property. De Weerd: I guess, then, my question is for the applicant or representative, whoever can advance that question. Would you be able to -- as a part of this get agreement by the owner of out parcel the opportunity to put a sidewalk should someone develop to the Meridian City Council December 18, 2012 Page 15 of 47 ~~ east of it? McCarthy: So, I guess I'm trying to understand exactly what you're wanting us to do here. So, that out parcel -- are you talking about the frontage along Victory, you're wanting to see something along the front of the property there; is that correct? De Weerd: Yes. McCarthy: Okay. Obviously, we can't guarantee that being that it's not our -- under our control. We can certainly talk to the gentleman about that. De Weerd: So, this is not being split off by this -- that house is not owned -- McCarthy: It's its own separate parcel. De Weerd: It's separate. McCarthy: So, it's not really something we can control. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: While Kevin is up, is that an issue of providing an access from that street to the south eventually if that parcel becomes something else -- develops? I think that's what Councilman Rountree was referring to and I just wanted to get your thoughts on that. McCarthy: Yeah. Potentially, because that is a common lot there, so to Councilman Rountree's point, it would be best if there is some language in the CC&Rs that would indicate that that's an allowable use. It would -- I mean that parcel we are talking about is under an acre in size, so, you know, the chance of putting some kind of a public road in there, I don't know if that -- you know, who knows what will happen, but I mean if you put a public road in there it's going to chew up a lot of the ground, it would have to be some kind of a private lane. But something that could be handled through the CC&Rs to allow that across that common lot, but we do have a common lot going across there. If that makes sense. De Weerd: Anything further for the applicant? Okay. Thank you. McCarthy: You're welcome. De Weerd: Council, any further information needed on this application? Zaremba: Did we ask for public testimony? Meridian City Council December 18, 2072 Page 76 of 47 De Weerd: Yes. Zaremba: I missed that. Okay. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close -- hearing to further -- no one approaching to make further comment, I move we close the public hearings on Item 9-A -- I'm sorry -- 9-C and D. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9-C and D. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Motion carried. Yes, Mr. Zaremba. Zaremba:. I move that uve approve AZ 12-012, to include all staff .and. applicant comments and to include a condition in the DA that access -- public access to the out parcel on the northwest end of this subdivision be made available at some time in the future when that parcel redevelops. End of motion. De Weerd: Is that the northeast? Zaremba: The out parcel that fronts Victory Road now -- has access to Victory Road now and my assumption -- and I think what Councilman Rountree was also talking about, at some point when that develops they will -- the theory is they would lose the access to Victory and they would need access to this road and that should be a public -- public access. De Weerd: Thank you. Zaremba: And since that would need to cross a current common lot of this subdivision, I am suggesting that we make that a condition. Hoaglun: Madam Mayor, I don't think the motion is to change, but the second still -- second still agrees, so -- De Weerd: No. That was just clarity. Hoaglun: Oh, yeah. Clarity. That's right. We just closed the public hearing. Never mind. Meridian City Council December 18, 2012 Page 17 of 47 Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not to add more confusion to the confusion, but I did say public, but my intent is to be able to provide private driveway access across that common lot at such time as that parcel develops. It may be developed into four lots. Zaremba: The maker of the motion would withdraw the word public and just say it could be accessed either way. De Weerd: Okay. Hoaglun: And second agrees. I envision that being private lots eventually as well, so maybe driveways. De Weerd: Okay. Any further discussion on that motion? Okay. Madam Clerk, will you, please, call roll on Item 9-C. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 9-D. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 12-015 with all staff and applicant comments. Hoaglun: Second. De Weerd: Motion and second to approve Item 9-D. Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council December 18, 2012 Page 18 of 47 E. Public Hearing: AZ 12-011 Citadel Self-Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Annexation of 5.46 Acres of Land from RUT in Ada County to the C-C (Community Business District) Zoning District F. Public Hearing: CUP 12-016 Citadel Self-Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Conditional Use Permit Approval for aSelf-Service Storage Facility Consisting of Fourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C-C Zoning District G. Public Hearing: VAR 12-003 Citadel Self-Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Variance for Emergency Access to Chinden Boulevard (SH 20/26) De Weerd: Item 8-E, F and G are public hearings on AZ 12-011, CUP 12-016, and VAR 12-003. I will open these three public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is Citadel self-storage facility. The property consists of five acres. It's currently zoned RUT in Ada County and is located on the southwest corner of Chinden Boulevard, Highway 20-26, and North Saguaro Hills Avenue. There is no related -- if you recall this property was recently the Latham Nursery and developed as a commercial business there and had access to Chinden Boulevard. The applicant is here this evening to annex and zone 5.47 acres to the C-C zoning district, consistent with the mixed use community designation for the site. The applicant proposes to develop aself-storage facility consisting of 13 storage units and an office building. If you look at what's happening in the area you do have a church, you have some commercial to the east here, a mix of residential in the area. Therefore, staff is of the opinion that you do have a mix of uses occurring in the area and this is one of those uses that could blend in with the -- with the surrounding vicinity. Because this is aself-storage facility there are specific use standards that coincide with that use. To mention a few, the -- because they are adjacent to a residential district to the south, they are restricted to -- the hours of operation are restricted from 6:00 a.m. to 11:00 p.m. and it also requires a sound attenuation wall adjacent to those residential properties. I would mention to you that the applicant did provide an exhibit at P&Z and for the staff report to show you how that proposed facility would butt up against that residential district. So, what the applicant is proposing here along the southern boundary with that subdivision there is an existing six foot vinyl fence, the applicant is proposing a ten foot landscape buffer and, then, the back of the storage units, which are approximately eight feet nine inches tall. Along Chinden Boulevard and Saguaro Hills Avenue here they will have to provide a 35 foot landscape buffer along the entryway corridor of Chinden and 20 foot here along the collector street. Main entry into this development will be from the collector street, which Meridian City Council December 18, 2072 Page 19 of 47 ~ is already stubbed to this property here. The specific use standards in the UDC requires that self-service storage facilities provide a secondary means of access to the development. Therefore, the applicant is requesting from Council a variance to Chinden Boulevard for emergency access only. I'd also mention to Council that during -- before we went to the P&Z hearing we had the applicant -- staff had some concerns with that separation between the proposed facility and the residential structures along the south boundary. The applicant did go out and go door to door and reach out to those adjacent residents. The majority of them did sign written testimony that they were in agreement with the proposed use and that landscape buffer as you see this evening. The applicant also offered up at the public hearing to provide one tree along that boundary for every 25 linear feet as well. Since the P&Z hearing the applicant has provided new renderings for the development -- or for the proposed development. You can see there is a mix of metal siding and, then, some stone pilasters -- actually, CMU block pilasters. So, here is the Chinden Boulevard view here. This is the entry off of Saguaro Hills. The office building itself will be constructed of stucco and metal siding or stucco with metal roofing, which is pretty typical. The applicant did receive alternative compliance to reduce their required parking on the site and, then, of course, in the lower left-hand corner you can see what the view from the adjacent residents -- what they will see from the back of this facility. Staff is unsure what that proposed building material is, but in meeting with the applicant we are pretty confident that they are getting closer to meeting the. design standards in our code and also the Meridian -- the Meridian design manual as well. Staff is -- because there is an annexation we are recommending that a C DA be part of the annexation request. Here is what we are proposing, that future development of this site be consistent with the design standards in the UDC and the design manual. I'd also mention that because it is adjacent to the ITD corridor. ITD is requesting additional right of way. The plan before you this evening does reflect those changes. And, then, finally, the variance request staff has recommended approval on the variance. ITD has offered their support on the variance as well and, basically, as I mentioned to you, Latham operated with a full access. We are going to go ahead and have that in the DA, recommend that they close that full access off, realign for an emergency access only, subject to, of course, ITD approval and City Council approval of the variance this evening. During the Commission hearing they voted -- they recommended approval to you. Speaking in favor were multiple folks. Again, a lot of those were the adjacent residences along the southern boundary and supported the proposed use and the reduced buffer as well. There were several folks that provided written testimony in opposition. They didn't feel that the proposed facility fit in with the mix of uses in the neighborhood and they are asking you to deny that as well. Key items of discussion at the hearing were, again, additional buffer and trees along that buffer. Planning and Zoning Commission wanted clarification on the proposed building materials. I think when we were there staff did have some reservations on the proposed metal siding that were adjacent to the residential homes. Again, the applicant has met with staff and addressed some of those concerns. And, then, also Commission wanted to make sure that the applicant would work on it -- continue to work with staff and nail down some of those design elements as well moving forward. Commission did modify condition of approval at the hearing. Staff had referenced the wrong code section in one of the conditions. That has been corrected. And, so, really, I -- I have highlighted Meridian City Council December 7B, 2072 Page 20 of 47 on your hearing outline this evening some outstanding issues, which, basically, it's just more for reference for your action this evening. One would be the emergency access point to Chinden Boulevard as the applicant is proposing. That will be dated, so there won't -- so, there won't -- it won't be free entry in and out of that, it's meant only for fire department of emergency services and, then, also staff is asking Council, based on the testimony I have provided to you this evening of whether or not you feel that the six foot vinyl fence, ten foot buffering, and the proposed structures provide enough attenuation against those residential uses to the south. Written testimony since the Planning and Zoning Commission hearing -- we did receive written testimony from the applicant in agreement with the conditions. He did want to go on record that some of those issues have been resolved with staff as far as the siding and the materials and those are reflected in the elevations that I presented to you. And, then, also the applicant was able to go out and get written testimony from three more -- actually, it's one property owner, but they control three of the lots adjacent to the southern boundary and they also provided support of the project as well. So, other than the variance request and the sound attenuation question posed before you, there are no other outstanding issues and I will stand for any questions. De Weerd: Thank you, Bill. Council, any questions for staff at this time? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question on should the variance for emergency access to be to Chinden be approved, you talk about that it would be gated and I'm -- I'm sure for the security of the facility they would want that to be a gate, but we aren't talking about a chain link fence kind of a gate, are we? Would it be more decorative and blend with whatever -- the rest of the wall on either side of it? Parsons: Madam Mayor, Members of the Council, those details aren't reflected here yet, but chain link with slats will not be working -- will not meet the screening requirements along that entryway, so they will have to come back and nail down what -- what that material will be, but it will have to be some sort of solid material moving forward. Zaremba: Thank you. De Weerd: Any other questions at this point from Council? Is the applicant here? So, we have the father-son tag team. Welcome. J.Wardle: Thank you. For the record, my name is Jon Wardle. My address is 1627 South Orchard Street, Boise, Idaho. I think typically the other Wardle is last on the public hearing, so I guess it's appropriate that a Wardle end this public hearing as well. If I might, just to answer Council Member Zaremba's question about that gate, it will be a solid metal gate similar to the other materials found on -- on -- on the design of the Meridian City Council December 18, 2012 Page 21 of 47 building, which we will continue to work with staff to make that look appropriate so it matches the flavor and the feel of the entire structure. We -- as noted in my letter, we are in agreement with the conditions before you. If I might just clarify a couple things, Mr. Parsons was not sure what the material was in one of those renderings. One of the concerns that came out of -- out of the hearing, as well as staff, was the long wall along the south boundary. They wanted some -- some change in materials, as well as modulation, so what's reflected there along the wall -- and I think it's -- if you saw Exhibit C where the -- the cursor is right there. Actually, the one just below. That is a hardy material and that will bump out a little bit, so that it provides some modulation and, then, the building will push back and you will have the metal as well. So, there will be a mix of materials, so it's not just a solid wall along the south. I think it is noteworthy to tell you tonight that we are directly against Hightower and we have spent a lot of time, not only in our neighborhood meeting, but also meeting with those neighbors directly and there are nine lots that abut our property. There are seven letters in your file from nine of those owners. One owner we met he did not come to the neighbor meeting, but he did not provide a letter of objection either and the other neighbor did come to the neighborhood meeting, but is not voicing any objection. I think that's noteworthy, since we are against a residential neighborhood. There are a lot of things that could happen on this site. It is designated as a mixed use in your comprehensive plan and in a C-C zone if approved there are other type things that could happen there, like retail or perhaps even an apartment project and things like that. This storage will really help that residential neighborhood and I think that's all reflected by the neighbors who have C provided letters to you. So, one of the things that we also have offered to do, as noted by Mr. Parsons, was increase the planting of trees on the property line. The requirement is one per 35, which if you look at that it's 14 trees. We are going to go one per 25 or 26, which will put it to 19 trees, but every property owner that looks out, as you can see from that one right there, will see three trees out their back property, so I think this provides a very nice buffer for those neighbors and, again, we have met with all of them and they have provided their letters of support for the project as well. So, I stand for any questions you might have. We do request your approval for this project, for the annexation and zoning, for the conditional use permit, and also for the variance for emergency access only onto Chinden Boulevard. De Weerd: Thank you. Council? Mr. Zaremba. Zaremba: Madam Mayor. I do have a question that may need to be discussed between John and Bill maybe. It's kind of a question for both of you, I guess, and it concerns the ten foot landscape buffer along your south property line. I appreciate the offer to put more trees in there, but I'm trying to think ahead to maintenance. With the back of a building and a six foot fence and trees in between, nobody's going to be able to see the ground level, it doesn't seem to me to make much sense to have grass and people trying to mow around those trees when they will only have two or three feet on either side of a tree to get in there and I'm also concerned about how big the trees are going to get and I appreciate the idea of putting them -- more of them and closer together, but I might suggest that gives the opportunities for maybe some smaller trees that would still hide the appearance of the back of the building from the neighboring residences, but Meridian City Council December 18, 2012 Page 22 of 47 you're not going to want trees that have a 35 foot branch span and I guess the discussion is between our landscape requirements and your offer to be landscaping this area, is there something we can do to make the maintenance easier. It seems to me at least at the ground level it ought to be rock instead of grass or something that doesn't main -- need maintenance and, then, discuss the trees for me a little bit if you would. J.Wardle: Madam Mayor, Council Member Zaremba, in fact in this area for this project we have asked for a xeriscape type of landscaping, so that, you know, that area in particular that we can make sure that there is no weeds and things that like growing in there and the maintenance can be minimal, but that we can have these trees also succeed. When I think it's the intent of the landscaping ordinance -- and Mr. Parsons can maybe chime in here if I -- if I misstate this -- but that at maturity that these trees branches are touching. So, yes, while they are, you know, 25 feet apart, you know, the intent is for them to reach and touch at really 12 and a half feet. You know, they will take a little bit of time to get there, but I think we see these trees at that -- you know, that close together during the spring and summertime in particular, you will get that coverage. Can't control the fall and the winter, but I think for the most part it will -- it will provide the necessary visual that you're asking for. But we do agree that this area in particular and other parts of the property would benefit from a xeriscape type of landscaping. So, that's our intent. That's what we submitted as part of this project. Zaremba: Great. Thank you. And I'm not remembering that provision exactly. Is that acceptable? Well, my question is is it acceptable. Parsons: It's acceptable through alternative compliance. So, if they get through this process they can certainly seek alternative compliance and, then, submit a landscape plan that complies with our xeriscape standards in our ordinance and I think staff is amenable to working with them and reducing that maintenance along that southern boundary. Zaremba: Great. Thanks. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question for Bill. Or Bruce. Either one. Is there another clause in some other portion of the DA that's a reversionary clause? Thinking of some not too distant issues we have had with -- this is what we are going to do here and this is what we are going to annex it as and what we are going to do there now doesn't happen and we have a conflict. Parsons: Madam Mayor -- yeah. Madam Mayor and Councilman Rountree, at this point we do not have that in there. It's basically what I presented to you is just comply Meridian City Council December 1B, 2012 Page 23 of 47 with the Meridian design manual and guidelines. The CUP right now will drive the use on the site. So, we are basically -- at this point we don't have that in place. J.Wardle: Madam Mayor, If I might ask just a clarifying question. Council Member Rountree, are you asking about this specific use or if the property is brought in with this zone and Citadel Storage doesn't go forward, then, it would revert. Is that the question? Rountree: That's the question. J.Wardle: I think in this case, Madam Mayor, Council Member Rountree, there is a specific conditional use permit with this application, which is for a mini storage and I think should this project not go forward as a mini storage -- although I'm very confident that it will -- should it not go forward as a mini storage somebody else will have to come through and come to the city for a different type of use and application, because there is a conditional use permit with this project. That's -- that's how I see that. De Weerd: Well, I don't know, I think there is a conditional use permit with this project, but it still would have a certain zoning or designation, so -- Rountree: Bill, maybe you can help me understand this, but it's going to be entitled to the C-C. That doesn't necessarily mean any -- there. are, a certain group of activities that are just approved in that category. If this were to not go forward then any of those could be done without regard to having a conditional use permit. Nary: Madam Mayor, Members of the Council, Council Member Rountree -- Rountree: And that's gotten us in a pickle a time or two in the past. Nary: Yeah. Exactly. I mean we could do it in one of two ways. We could either create a development agreement condition that excluded other uses other than this or you could put in a development agreement condition that says if this -- the only thing that is approved on this site currently is storage and that any other changes to that would, then, require an amendment to the development agreement. It still is going to be zoned C-C, it would require a new public hearing to do something else, which you may or may not -- a future council may or may not grant. So, that's probably your best protection to assure that there isn't going to be something else that might be at some point in time really incompatible with the surrounding residences. Rountree: I'm comfortable with that, as opposed to not thinking about it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Bill. What protection do we have -- I know some self-storage when you go there you're not -- any storage stuff, but you can rent a U-Haul from their facility Meridian City Council December 16, 2012 Page 24 of 47 and bring a U-Haul back. This doesn't look like it has a space for that sort of thing, but what ancillary use is allowed for aself-storage area? Is that something that we have to look at or does that require something separate? Parsons: Madam Mayor, Councilman Hoaglun, right now it -- the UDC isn't up to allow mini -- or vehicle rental from -- that's what we would classify it as vehicle rental. I know some self-storage facilities do offer a rental truck to their customers to use so they can move their storage materials into those facilities, but they are not rented as to the public, but certainly they couldn't get -- right now the UDC -- they would have to come back for a separate approval for that vehicle rental and it wouldn't be appropriate for this site. Hoaglun: Thank you, Bill. Yeah. It just wouldn't fit it would look like, but, you know, you never know, a future owner down the road says, hey, we can expand and do this doing something else and -- or add to this, so it would require a separate deal, so -- okay. I'm satisfied with that. De Weerd: Okay. Any further questions for the applicant? Thank you. This is a public hearing. Is there anyone who would like to provide testimony on any of these three items? Council? Rountree: Does the. applicant want to have a final. say? De Weerd: Do you have any -- any final comments? J.Wardle: Madam Mayor, for the record Jon Wardle. Regarding the additional condition on DA, we are fine with you conditioning that or tying that in with our conditional use permit that it's specific for this, so there is no ambiguity and the city doesn't feel like they are exposed to something else. The owner of this property who does own the property is very committed to this and so we can agree with that as a condition of the development agreement. De Weerd: Thank you. Appreciate that. Okay. Zaremba: Madam Mayor? De Weerd: Staff, anything further? Parsons: No, Madam Mayor. De Weerd: Okay. Mr. Zaremba. Zaremba: Just to offer a comment. I don't have any particular objection to the emergency access to Chinden if it's done tastefully. That will be a noticeable frontage to a lot of people traveling on a very busy transportation corridor. I can see the reason for having it and as long as it's done tastefully I would be in favor of that. One person's opinion. Meridian City Council December 18, 2012 Page 25 of 47 De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: No further comments, I move that we close the public hearing on 9-E, F and G. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on these three items. 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 Item 9-E, AZ 12-011, subject to the staff and ~ applicant comments and the provision as stated by Mr. Nary with respect to conditioning ~ the conditional use permit to this particular project. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-F, CUP 12-016, subject to the development agreement, obviously, and staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve the 9-F item. Any discussion by Meridian City Council December 18, 2072 Page 26 of 47 Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-G, VAR 12-003, for the reason that it would be a limited access point on the state arterial, state highway, and that it is for emergency purposes only. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-G with the comments made. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Item 10: Continued Department Reports A. Community Development Department: Continued Discussion of County Subdivision Application (Rescue Ranch) De Weerd: Item 10-A is under Department Reports. I will turn this over to Mr. Chatterton. Chatterton: Madam Mayor, Council Members, actually, our city engineer Warren was going to be addressing this item. Since the issues really are very engineering related, Public Works related at this point. Stewart: Madam Mayor, Members of the Council, last week you asked representatives of the Rescue Ranch Subdivision, as well as city staff to work to see if we couldn't find a resolution to the opposition that Rescue Ranch had to a proposed sewer easement along the northern boundary of their subdivision. You can see in the slide that we have up right now that is the proposed subdivision. The northern boundary is at the top. Was there a question? Sorry. I want to take just a few minutes tonight to kind of lay some background that will be necessary to kind of understand and make perhaps an Meridian City Council December 18, 2012 Page 27 of 47 informed decision on this and, then, give an update on the status of sort of the negotiations that we have had with the applicant. This next slide shows a copy of the city's master plan for this area. The subject property is highlighted there. It's in a lighter color and what this shows is, essentially, the -- a 15 inch sewer line is master planned to, essentially, go along the southern -- or the northern boundary of the property. It actually touches diagonally across the back corner of the parcel. We realize that that may be a little impractical, so what this -- the staff has recommended is that there be an easement along that northern boundary to allow for the installation of that sewer. So, in the future the property to the east and also to the south can have access to the city sewer. This slide shows kind of -- I'm going to back up just a second. This slide shows this area right here where the existing home on this property is located and what it identifies is here on the northern property line you have a drainage ditch that runs east and west along that north property line and the drainage ditch is approximately 20 feet in width and it's my understanding that the county is going to require a 40 foot wide drainage easement along that ditch. The city normally -- and I will switch to this next slide -- well, we would normally require a 30 foot wide easement, 15 feet on the north and 15 feet on the south. But as you can see that would put the easement right here in the middle of the ditch. So, we have asked fora 30 foot easement essentially just to the south of the ditch and this line right here represents the -- essentially the southern extent of the sewer easement that we have sort of originally requested and you can see about 20 feet of it overlaps with the existing sewer.. I have had this little dravuing drawn up to kind of give alittle --this is the section view that you saw identified on the previous C page. This is the property line. Essentially here is the location of the ditch. It's essentially 20 feet wide. The easement that -- the standard easement will be 15 feet on either side. What we are proposing is a 30 foot easement to the south side of the ditch, 20 foot of which would be over the top of the existing drainage easement, but there would also be an additional ten feet of encumbered property as a result of this easement. We had made this proposal last week. There was opposition by the applicant. They were -- in the discussions that ensued this past week we had essentially been told that they were still willing to grant this 15 feet, but they were not in favor of granting the additional 30 feet. They didn't like the other ten feet of encumbrance that would be associated with that. We essentially indicated that, you know, we would need some sort of a workable easement that, essentially, if the 15 feet was granted and the ditch was located in the same spot, that it was -- not of any use for installing new sewer right of way or the new sewer line. So, we kind of had an impasse and recently --just this afternoon Igot -- I received a-mails after I had gotten out of a meeting late this afternoon that indicated that they might be willing to entertain the relocation of this ditch at some date in the future when this sewer line actually got installed. So, the latest proposal I got was, essentially, that they would provide the 15 foot easement and that they would be willing to relocate the ditch at some point -- some date in the future when the sewer was actually ready to be installed. I had --initially had reservations about this, because I was under the impression that the ditch itself -- we would have to receive permission from a drainage district or an irrigation district to do that and that we would need to obligate them to agree to what was being proposed. I learned in the a-mail this afternoon that there is no irrigation district or it's my understanding that there is no irrigation district associated with this and that the property Meridian City Council December 18, 2012 Page 28 of 47 owner can grant or can approve the relocation of that ditch. What we really need out of this at Public Works Department is a functioning easement that allows us to install the sewer line to provide access to the property owners to the south and east. I'm not an expert and, unfortunately, we didn't have enough time to look at whether or not some sort of an agreement can be crafted that would allow this 15 foot easement to be granted, allow the ditch to be relocated at some point in the future. My concern would be that at some point in the future there will be three property owners along that northern boundary, instead of one. So, although this latest development that took place -- at least late this afternoon might present a possible solution, I suppose I would have to look -- and Bill might shoot me for it, but for BiII to let me know whether or not that's -- that can be crafted. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, I think the drain ditch is under -- I think the Corps of Engineers controls drain ditches and you might have problems moving it and do they own the property where they plan on moving it to? Or is that owned by another owner? .Stewart:. Madam Mayor, Councilman Bird, my. understanding is that they do own all the property, that they would move the ditch to the south. You are potentially correct, r relocation, if there were any kind of a wetlands or jurisdictional wetlands on the property or -- located along that ditch it would certainly require the Corps of Engineer approval to relocate that. That's part of my concern. I mean relocating the ditch in the future sounds like a great idea, but I'm very much concerned with all of the things we might run into when that actually needs to occur. Bird: Madam Mayor? Warren, I agree with you. I'm very concerned about making -- granting something on the assumption that that ditch can be moved, because Idon't -- I have a real problem with thinking that that ditch can be moved. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Imean Ithink -- I guess all we are doing is making a recommendation to the county on this development, but we do have to recommend that there be a specified, on-the-ground easement of the width of whatever is appropriate, the 30 feet in the current northerly area, an additional ten feet outside the existing easement, with the ability to relocate if the ditch is relocated in the future. So, that way we want to retain the ability to move it, but the county recorder won't allow us to record a floating easement, so they do have to specify specifically where it is for the purposes of recording and with some delineation on the ground where the specific easement is and usually we have -- we have recorded with that the ability to move it based on other circumstances like Warren is talking about where the ditch was Meridian City Council December 18, 2072 Page 29 of 47 relocated or something else and normally for most -- most of the -- and we don't get a lot of these, but that's usually defined, because we are really not trying to be an impediment to development, we just have to be able to serve the property and the other -- the properties. So, we just want to have some location, but we can't -- we can't record anything we can't specifically identify. So, we do have to at least get that. But because it's not a city condition, it really is a county condition, all we can do is recommend that to Ada County and leave it to them. Zaremba: Madam Mayor? Stewart: Thank you, Bill. Madam Mayor, Members of the Council, yeah, I think for the purposes -- essentially for tonight our recommendation -- staff recommendation would be that we would need to require the 30 easement in the location that's shown on this section view, because this easement, unless it was associated with the relocation of the ditch, which is -- we don't know if it can be done or not, this easement here at this location would be useless. There is no way we could install a sewer underneath that ditch or in that ditch. De Weerd: So, Warren, how -- how do you recommend it be stated that in lieu of can you have a -- if this can happen we don't need this, but if it can't happen this is what we will need? It's all in how you word your recommendation to the county to give you tha# safety net. Stewart: Madam Mayor, I'm not exactly sure how the words will be crafted, but we could certainly do that. But, essentially, request that easement be located here, with the understanding we would be willing to relocate that easement if and when the ditch is relocated. Rountree: That's the recommendation. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba, did you have something? Zaremba: I think that last phrasing would be good. I also would add some sort of caveat that any movement of the ditch is at the owner's expense. We aren't participating in paying for moving the ditch. Stewart: Okay. De Weerd: Okay. Do we need a motion? Nary: Yes. Meridian City Council December 18, 2012 Page 30 of 47 De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we recommend to the county approval of this subdivision, with the condition that the originally proposed 30 foot sewer easement outside of the ditch area be requested as our primary request and Warren phrased the alternate correctly -- would you say that again? Stewart: If and when the ditch is relocated. Zaremba: We would reconsider moving our easement. And that's part of the motion. Rountree: I'll second that. De Weerd: Okay. And discussion? Rountree: Madam Mayor, just a discussion. Do you want to include the illustration that we have before. us tonight with that? j Zaremba: Good idea. Rountree: Okay. De Weerd: Okay. Any discussion on the motion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. call De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Works Department: Meridian Heights Water and Sewer District Update De Weerd: Thank you. Okay. Item 10-B, staff requests that we vacate this item. I would entertain a motion to do so. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate Item 10-D. Meridian City Council December 18, 2012 Page 31 of 47 C Hoaglun: Second. De Weerd: I have a motion and a second to vacate Item 10-B. Mr. Nary, do we need a roll call? I don't, do I? Nary: Voice vote is fine, Madam Mayor. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Parks and Recreation Department: Settlers Village Square Phase 2 Tennis Courts Update De Weerd: I thought I better verify that before I asked for a vote. Item 10-C is under our Parks and Recreation Department and it looks like Mike is going to address Council. Did you draw the short straw, Mike? Barton: I don't know if it's the short straw, but I drew the straw. Madam Mayor and Council, we are going to give you a brief update on phase two of the tennis court project of Settlers Park. We are working through design development at the moment and working with Meridian Tennis Association and Steve Beckham with USTA and our consultant to develop what we hope is a -- is a good set of plans. There is two parts to this. There is one, an update on what we think we have right and, then, another one we are going to seek your feedback on some spectator seating options and communicate to you what we found out with the Parks Commission. De Weerd: Is that one of your tennis players? Barton: Yeah. He's in there. De Weerd: A fox. Foxy. Barton: As soon as we get the slide up here Iwill -- we will pull up a site plan and kind of run over some items that we have been working on. Sorry for the delay. I think we are -- I think we are about there. There we go. So, the red square tennis courts. So, this is -- this is an overall site plan that we can go over and just to --just to orientate ourselves, this -- this tennis court right here is already built. It was completed three years ago I believe and is in service. This is the horseshoe court and picnic shelter. Of course the splash pad is in this area. Ustick Road is down at the bottom of the screen. So, the design elements that we are working on are four additional courts, there would be two here and two here in a similar pod to the existing court. The new standard is to have blended lines on those, so it's compatible for adult and youth players. It's our intention that they -- they have changed the color -- the surfacing on the courts from a red and -- red and green to a blue and green and as part of this project we are going to Meridian City Council December 18, 2072 Page 32 of 47 the new colors and the blended lines. The courts that are in right now need resurtacing, so we are going to resurface those courts, blend the lines, and have one consistent color throughout. The -- the court at the top here is -- is the stadium court, which is sized to appropriately -- it can hold a championship style match. I mean we have heard from Meridian Tennis Association and USTA both that there has been some interest in potentially holding a lower Davis Cup match in the area. Currently the only court that would be available and sized appropriately for that is at BSU. So, this would be the second court in the valley that would be able to accommodate such an event. So, with that stadium court there is bleacher seating to the west right here. There is a berm behind it in this area for additional seating, so you could sit on the grass and watch and, then, this grass area on this side is an area where additional bleachers could just be pulled in on a temporary basis. Feel free to stop me anytime if there is any questions. De Weerd: Well, I'm just impressed that you can use that machine, where we have -- Barton: So am I. De Weerd: -- a lot of people who can't. Hoaglun: Madam Mayor, I do have a question for Mike on that. How high are we talking about on that berm? Barton: Based on the contour lines I believe it's about -- it's going to be about six feet above court level. Hoaglun: Okay. Barton: Gently sloped back towards the splash pad and over the hill. Hoaglun: Okay. Thanks. Barton: The stadium court bleachers in this -- in this area right here there is a -- there is some quick start courts. They are calling them under ten courts now. One of the cool features about this is the -- the under ten courts are sized so you can dual line them for both youth under ten tennis and pickle ball. So, with the addition of those courts we will have a three court setup for pickle ball players and some courts to promote youth tennis. With -- with that the Meridian Tennis Association, once we get a set of construction documents, is applying for a grant to help fund that -- those courts. There is 50,000 dollars in funding available that will go specifically to promote youth tennis and if we get that -- if we get that funding we will use that to build that portion of it. Either way right now they are in the budget, but this --and this is -- there was some discussion on -- on strings attached to that grant and it's been run through the grant committee. It's not federal grants, so there is no Davis-Bacon wages that would be -- that would apply to the project. There are minimal maintenance recording and reporting guidelines that are attached to that, but it didn't seem like there was anything that was going to be too onerous for us. We are -- we are pretty satisfied that we could move forward without Meridian City Council December 18, 2072 Page 33 of 47 too much trouble. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mike, will they allow pickle ball, then, on those particular courts? Because that's a whole different game. If they pay for the courts sometimes they say it will only be tennis and so -- Barton: Yeah. And Madam Mayor and Councilman Hoaglun, we asked that question and the dual striping is -- is okay with USTA. Hoaglun: Okay. Great. Thank you, Mike. Barton: Thank you. So, moving on, there is a shade structure, a 20 by 20 picnic shelter. Some of the, you know, site amenities throughout, of course, liter receptacles, bicycle racks, recycling containers, there is infrastructure planned for -- that would accommodate lighting in the future. There is no lighting planned as part of this project, but at least the conduits will be there if at some point in the future we won't have to tear up concrete to install some lighting. Hoaglun: And, Madam Mayor and Mike, is that for all courts or -- I just see the stadium court, it looks like they might have some drawing for that, maybe it's something else, but -- and is it just the new courts, leaving the two that are already in existence would not ever be lit? Conduits in just new courts only? Barton: That's a good question and the two that are built have -- have conduits for -- for lighting in. The -- all the courts will have those. The way this is graphically drawn, it's actually showing lights on that stadium court, but there are none planned. But all the -- yes, all the courts will have conduits in. Hoaglun: Okay. And, then, a question about the little pavilion. It's a 20 by 20 and we have one by the horseshoe pit and, then, we have the larger one -- is that 20 by 40 or is that 30 by 40? I can't remember. It's bigger. Definitely. Bird: 20 by 30? Hoaglun: It's definitely a bigger one. Barton: Yeah. Hoaglun: If, looking down the road, we are going to have tournaments of some sort and different things, should we be looking at a larger picnic shelter in that particular area or do we just -- do we just leave it grass and let them set up tents? Meridian City Council December 18, 2072 Page 34 of 47 Barton: So, in the -- in the spectator options -- and I don't know if you're thinking about shade possibilities -- Hoaglun: They have registration on site. They are in the shade, that sort of thing. You know, it's -- Barton: Right. And that's -- you know, that primary function -- that would not be a shelter that we would likely rent out for parties, it would be primarily a tennis function and that's where your registration would be, your water station, tournament information. Hoaglun: And that's my question. Is 20 by 20 going to be big enough for something like that. Barton: You know, it's agood -- good question. We can look into that, explore that. Hoaglun: Not that I want to break the budget, but are we being -- as we plan this are we being short sighted or do we just say we can afford a 20 by 20, if we need more shade bring -- bring the tent. Bring a tent, so -- Barton: And a 20 by 20 shelter typically accommodates about 30 people, so -- Hoaglun: Something to explore. I mean -- Barton: Sure. Hoaglun: -- the canopy option is they can do -- that's available. Barton: Yes. Hoaglun: It looks like there is grass to the west and flat, so it could be done, but if some of it fits within the budget we might explore, but maybe they don't need that, so -- Barton: And there is a -- a shade option -- another -- one of the -- one of the options that we are looking for direction on is the addition of some shade sails and we will get to that in just a second. And I don't know if that will help with some opportunities for people to gather and get out of the sun and -- but we will -- we will see if that plays into it. One of the -- one of the coolest things about this -- this particular concept plan is the addition of 36 parking stalls. There is a connection to the park parking lot on this end and, then, a connection out to Ustick Road. That connection on Ustick Road would be a right-in, right-out only. ACHD -- we have had conversations with ACHD, they are willing to waive the requirement as long as our CZC will approve it, so I think we are pretty good there. There is an enclosure right here for a recycled container. A recycled container is currently sitting out in the -- in the park parking lot taking up a parking spot, so -- 36 parking stalls. One last thing. There is a planned hitting wall that would be right in this area right here made of concrete blocks. We felt the wood wall wouldn't be durable and sometimes wood walls are kind of noisy, so the CMU would -- would offer a Meridian City Council December 18, 2012 Page 35 of 47 long-term solution that's a little more quiet. De Weerd: Mike, I know a hitting wall is -- is going to be something that's attractive to different sports. I know when my kids played soccer they would have sought out a wall like that to kick their ball against. So, would that be something that would be discouraged or allowed? Barton: Madam Mayor, good question. I -- you know, if I had to just stand here and guess I would say that we would -- we would rather have them kick a ball into a block wall than the fences. But we wouldn't -- we certainly wouldn't encourage it. I don't think we would run over and approach somebody if they were doing it. From an operational standpoint I -- I don't see us having a problem with that. You know, yeah, if they are going to kick a ball into one of the fences and start the caving in the chain link fabric, I think, yeah, we got a problem with that. A concrete block wall not so much. De Weerd: Well -- and it's much better against a concrete wall than the chain link, because it comes back to you instead of unpredictability. Barton: Yeah De Weerd:. Thank you. ~ Barton: So, a couple of the -- the part that we are asking for direction on is in between the courts there is a spectator area and there is three different options and, actually, the Parks Commission kind of -- they -- they looked at these options and developed kind of a hybrid of one of them, which is -- seems like a pretty good solution. In the base project the spectator areas are currently lawn and trees and the advantage to that is we can pull temporary bleachers in if need be. There is a lot of flexibility as far as walking around and unobstructed access and, you know, it has a nice flow to it. There is some greenery there, but one of the -- one of the options that was discussed was to add some permanent seating between the courts and one of the ideas is to install some raised planters that could -- somebody could sit on. Kind of attractive -- I mean the trees might do a little better in there. Disadvantages to that are -- it's not flexible you can't bring bleachers in, you -- it would be hard to really have a lot of space to set up a lawn chair, so that's -- that's that option. Before I go on are there any questions with -- with this one? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment that skateboarders love those kind of things, too. Barton: Yeah. Hoaglun: Madam Mayor? Meridian City Council December 18, 2012 Page 36 of 47 Zaremba: It's a draw back. Hoaglun: Mike, what's the distance between the two courts? The fences of the two courts? What are talking about there? Barton: Approximately 20 feet. Hoaglun: So, if the plan was ten -- we got another five feet on each side. Barton: Yeah. Hoaglun: Because it looks like -- on the picture it looks really nice down there on the lower right. It's -- oh, that's plenty of room, so -- Barton: And that's a -- that's quite a bit wider. Hoaglun: Yeah. Barton: But we are going to have a narrow alley with planters in it. De Weerd: It would be a really fun place to bring your skateboards. Barton: For sure. Option number -- Option B for the spectator area is install some shade sails over the top of a concrete seat wall. Now, the advantage to this one -- we see a nice shady spot to sit. Disadvantages. You don't have a real good flow or access between the courts. There is -- it's very structured. There is -- if you wanted to bring bleachers in for an event you couldn't with this. And, then, of course, the -- the estimated cost increase. So, with this one -- one of the -- one of the amenities that the Parks Commission has been looking at and we have been asked time and time again to develop is shade in parks and shade sails definitely does that for this. So, we had a discussion regarding budget and access and accommodating bleachers. It was the overwhelming -- the Parks Commission's desire to explore the possibility of the shade sails, but eliminate the concrete seat wall below them. So, we could bring in the bleachers, people can set up lawn chairs. We would definitely -- we would reduce the cost of this option by 30 to 40 thousand dollars. So, this is one that we are -- we are pretty fond of and if there is direction from Council to pursue option one, lawn and trees, raised planters, shade sails, concrete seat walls or no -- we are looking for your guidance. De Weerd: What is the maintenance impact? You see the capital impact, but what is the -- the maintenance of the two different options? Barton: Madam Mayor, the shade sails -- we have shade sails around the splash pad and we remove them -- we put them up on Memorial Day, take them down on Labor Day. Or I have that backwards. Labor Day, Memorial Day. So, they are up for three Meridian City Council December 78, 2012 Page 37 of 47 months during the summer. They are pretty easy -- pretty easy to put up and remove. They have been up for four years now and don't show any signs of deterioration. Because they are up for such a short time people want to enjoy the sunshine in May, but by June and July and August, of course, you're looking for shade, so -- they have a ten to 15 year life span and that's just for the fabric. The poles, of course, are a long term solution. Powder coated metal steel posts. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mike, would the -- would it be a hardscape, then? No grass. Fewer trees? Less irrigation? Less irrigation system. Barton: That is one option. Yeah. Rountree: What was the Park's Commission's recommendation? Barton: There wasn't one. Yeah. I -- and, Council Rountree, I -- I see maybe permeable pavers under there or rec grass even. Regular turf grass won't grow that well in the shade with. a lot of foot traffic. $o, there has got to be some. sort of artificial surface, whether it's -- those are drainage galleries under there and there is permeable pavers or rec grass or some kind of option like that, but not plant material. So -- so, this definitely does -- you know, it adds a -- kind of a -- you know, there is not a lot of --there is not going to be a lot of greenery there. This is showing a couple of trees at the ends and that can still happen, but in between the courts it's going to be pretty sterile, but it will be shady. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mike, how long would you have these shade sails up? Barton: Approximately three months. Bird: Three months, the same as the splash pads? Barton: Yeah. Bird: And kind of -- I know this is something that you can't really pin down, but how many tournaments and stuff where you're going to have spectators that -- to the point that you're going to need shade, other than that 20 by 20? I mean how many tournaments are we going to have and -- where you're going to be drawing that kind of -- how many tournaments -- tennis tournaments in the valley? Meridian City Council December 18, 2012 Page 36 of 47 Barton: Madam Mayor, Councilman Bird, at this point it's unclear. What we found with other sites -- and especially Settlers Park is you know from some of the parking challenges is that when you -- when you -- you can't predict this, but when you build it there it is. And we see this as a tournament style complex that could attract quite a bit of use and -- but as we stand here right now we don't have anything booked. Bird: Yeah. I realize that Hoaglun: Madam Mayor and Mike what -- would these be between the current -- we have two existing, so you put in a set there, have two courts and, then, another set and, then, what would you do for the stadium court? Something similar or -- that was going to be bleachers; correct? On the west side? Barton: Yeah. So, the existing court -- between the existing court and the first new one there would be a shade sail. And, then, between the two new ones just a shade sail. The stadium court would be in the sun. No shade other than the 20 by 20 pavilion. Hoaglun: Interesting. So, the cost -- if I might continue on that. Without the seating, we just do shade sail for both -- both of them, is what are we looking at? Barton: About a 30,000 dollar up charge. Hoaglun: Okay. Not 30,000 each, but 30,000 total Barton: No. Over the base -- over what's currently planned in the base budget. Hoaglun: Okay. De Weerd: And so Option B is the stafFs preferred option? Barton: That's correct. Bird: And the parks. Barton: Yeah. Parks Commission. De Weerd: And the Parks Commission. Barton: And these are -- you know, some of this right now is for discussion and for direction to further develop the design and start to get into construction documents and once we reach that point we can get some better cost estimates on some of this stuff, so it's -- we are just steering ourselves in a certain direction and -- and we can bring this back with an update as we explore, but if we can get some direction on which way you would like to go -- in the end when we do our constructability reviews and -- and pin down our budgets, we are hoping that nice things like this are still an option, but there is an outside chance that they may not be, they have be an add alternate or something Meridian City Council December 76, 2072 Page 39 of 47 that's added in the future. But if it is something that we design for now, we don't want to design ourselves away from something like this if -- if everybody says I really love this, then, we won't go put raised planters and trees in, we will leave it open, so it can accommodate something like at a future date. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I personally like the shade sail -- say that three times real fast. But I think ultimately it will be a savings in maintenance cost. But my one concern in that arena is how likely are these going to be -- become jungle gyms? I mean it's hard to keep folks from climbing on stuff and Ihave -- I have got the scale here, but don't have any experience with them, other than at the swimming pool and they are just umbrellas, which are not an issue. But when you have a structure like this you're going to have people climbing on them. Barton: And we do have people climb on the ones that we have currently around the splash pad. Rountree: Is that an issue? Barton: They haven't hurt them so far. Rountree: Okay. Barton: And there might be an issue if they fall, but that's -- structurally they are -- they are pretty sound. If you climb it it's not like the fabric is going to tear off and -- and become a replacement item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mike, I go -- I like Option B without the -- without the bleachers. I think that in the long run it saves us money over the planters and the stuff and I think it would be real nice, people can bring lounge chairs and sit there. I think maintenance wise they have been successful at the splash pad, so, hopefully, we don't have too many jungle gyms around, but I'm sure we will find a few. Rountree: It looks to me like it provides us with a whole lot of options, too. De Weerd: Kids can find the little gyms in any place. Rountree: Well, I know. Meridian City Council December 18, 2072 Page 40 of 47 De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I'm just going to throw the comment in. I could be comfortable with the fabric shade sails as well and I agree let's do without any seating. If there is going to be a fairly hard surface people can set up whatever they want there or bleachers could be brought in, I guess, if it's tall enough. That works for me. Are we ready for slightly sideways comments or are you pretty well through with this presentation? Hoaglun: I will throw my two cents in and, I agree, I like this. I mean I was in Julia Davis Park this fall and some people were playing tennis and they got the big trees and it's beautiful and shady and -- we don't have 40 years. I mean that's when it would happen and so for people to use it, enjoy it, I mean it's permanent shade, it does reduce the maintenance I think overall with permeable hardscape or field turf -- whatever that -- you had another term for it, but, anyway, I think that's something we ought to pursue, so -- Barton: Okay. Getting a pretty consistent message. De Weerd: Okay. Zaremba: Just two thoughts that occur to me. After the original set of courts went in we retrofitted the area with some water fountains and I just want to make sure that since this is a sport that people tend to play strenuously, I didn't notice -- and this isn't a scale that I probably would see them, but just a comment, think about having pretty frequent water fountains around in the area. Barton: Councilman Zaremba, yes, there is a drinking fountain planned for this location and I think the one that you're referring to -- the horseshoe people request a hand washing platform for them. But we would more than likely put a water bottle filler and fountain in. Zaremba: Cool. That works. Barton: Yeah. Zaremba: Thanks. Then the second comment is that I know some thought and effort was put into actually having a building built here that would accommodate indoor courts and as a personal opinion I know they put a lot of effort into it, but I don't really miss that idea. I think it's fine not to have a building and my opinion would be the police that need to drive by and surveillance in the park probably we will be just as happy not to have a big obstacle building there, so I'm -- I like this plan. Barton: Thank you. De Weerd: Okay. Anything further? Anything further you need, Mike? Meridian City Council December 18, 2072 Page 41 of 47 Barton: No. Appreciate your feedback and your time. Thank you. Hoaglun: Thank you, Mike. I was just going to comment on that, though. My son was very excited about indoor tennis courts, because, then, he could play year around and I told him if he won the lottery when it was way up there we would certainly accept donation, but -- D. Parks and Recreation Department: 2013 Pathways Development Priorities Discussion 1. Resolution No. 12-901: 2013 Pathways Development Priorities De Weerd: Okay. Item No. 10-D is also under our Parks Department and we will have Jay in front of you. Gibbons: I really drew the short straw, but -- Madam Mayor, Members of the Council, I'm here tonight with a resolution to ask the City Council to adopt the fiscal year '13 pathway priorities that the Parks Commission set forth last week and in getting to those priorities we held a pathways workshop. in the November Parks Commission hearing to discuss ideas, options and gain some -- some insight from the commission. As I said, they did formalize their resolution for these -- these goals and there are 11 for the coming year and I'm not going to go through them one by one, unless you'd like me to, but I will stand for questions. De Weerd: Wow. That was short. Rountree: I don't have any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any questions or anything I would move that we approve Resolution 12-901. Rountree: Second. De Weerd: I have a motion and a second to approve Resolution 12-901. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. ( De Weerd: All ayes. Motion carried. Meridian City Council December 18, 2012 Page 42 of 47 MOTION CARRIED: ALL AYES. Barton: Thank you. De Weerd: Thank you. Bird: Thank you. E. Police Department: Budget Amendment for Emergency Replacement of a Police Department Motorcycle for the Not-to- Exceed Amount of $19,000.00 De Weerd: Okay. Item No. 9 -- or 10-E is our Police Department. I will turn this over to the chief. Lavey: Thank you, Madam Mayor, Council. This item was originally on the agenda for last week, but we had some paperwork that we needed to finish. So Councilman Rountree has been advised of this, but I am here in front of Council today asking for an emergency budget amendment to replace a 2005 Honda motorcycle. The purpose of that request is that the bike no longer runs. It's seven years old, 72,000 miles on it, the repairs exceed the value of the bike, so it does not make sense to repair the bike and my only options are either to replace it now or to wait until next budget year and the motorcycle is a major contributor to our traffic enforcement, including the texting while driving and red light violations and we have worked with Finance and we currently have two bids for this motorcycle. Lowest bid is -- is about 18,990 some dollars, so we are requesting a not to exceed amount of 19,000 dollars to replace that motorcycle. If we do get the authority to order it it will take about a month to deliver it. It will come with new front emergency lights, but the rest of the equipment off the old bike will be removed and placed on that motorcycle. And with that I stand for any questions Council may have. De Weerd: Thank you, chief. Any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for the Police Department in the amount not to exceed 19,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-E. Madam Clerk, will you call roll. Meridian City Council December 10, 2012 Page 43 of 47 ~ Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Community Development/Building Services Department: Updates to Plumbing Code De Weerd: Item 10-F is under our Community Development Department. Bjornson: Good evening, Madam Mayor, Members of Council. It is my pleasure to present to you this evening the exciting topic of plumbing code at this hour. De Weerd: I won't ask if you drew the short straw. Bjornson: I did. I did. But I think you can see Bruce is here to support, so he should probably be home sleeping. But I do appreciate his presence. I'd like to give you a little brief background that I'd like to read to you here on the Idaho State Plumbing Code. The state of Idaho has formally adopted a statewide plumbing code based on the 2009 Uniform Plumbing Code, which was developed in cooperation with the Idaho Plumbing C Board, the state Department of Building Safety, the Idaho plumbing industry and it is published by the International Association of Plumbing and Mechanical Officials. The Idaho Plumbing Code is known as the Idaho State Plumbing Code, which the IFPC -- I have got a prop right here for you. It has been modified by these groups to protect the interest and the health and safety of the citizens of Idaho. On March 13, 2012, Governor Otter signed House Bill 466, which provided for statewide adoption of this code and it became law on July 1 of 2012. Cities have the option that once you elect a plumbing enforcement program to adopt this by January 1 of the following year per Idaho Code 54-2601. So, that's the proposal before you is to adopt that January 1. It won't be effective January 1 through the reading and I will get into that in just a second, but we are shooting for the end of February. The draft ordinance before you essentially allows for the adoption of the 2009 plumbing code, which is the majority of the content in this book. You should know -- and I wanted to point out that also in this book there is a few blue pages and what those are is the Idaho Administrative Procedures Act pages, which are the small sections of the IDAPA standard. The state legislature is still working on some changes to that blue section and so, essentially, we propose adopting the 2009 Uniform Plumbing Code coming back to you at a later date, May, June, July and adopting the modifications which will complete the overall adoption of this -- this document here. So, there is some minor changes there in the IDAPA that we don't want to move forward with at this time, but we feel it is appropriate to try to get that January 1 vote if we can and bring in this Idaho State Plumbing Code. The local amendments that we propose to this UPC, this Uniform Plumbing Code, essentially is simply licensing as required by the state of Idaho, permit and plan review expiration and Meridian fee schedule that's our schedule instead of what they propose here. Permit transferability, Meridian City Council December 10, 2012 Page 44 of 47 reinspection, and permit refunds that, you know, we have written into our schedules and adopted as such. The timeline that we are looking at is representatives from the BCA, there was no opposition, everybody received it well. We would like to mail out tomorrow a letter which is a draft of the city code adopting this -- recommending adoption of this and the City of Meridian local amendments. We would like to send this to the Plumbing Code Board and to the builders association. December 31 we would propose to publish the notice of public hearing. In January would be first and second reading and, then, February 5th public hearing, the third reading and adoption. We are targeting an effective date of February 11th. Phase two timeline, like I mentioned earlier, would be the ring in and just follow the state -- the legislative session and bring in those IDAPA modifications into this book and have it be complete at that point and, really, that's all I have got. I'd stand for any questions and tonight I request your approval to move forward with public notice and the meetings. De Weerd: Thank you. Council, any questions for Brent? Hoaglun: So, Madam Mayor, Brent, it sounds like the state legislature already took out the controversial elements to deal with separately and we can move forward. Is that a good summation? .Bjornson: Madam Mayor, Councilman Hoaglun, that's correct. The big things are out. These are minor tweaks that we think that they are doing to the -- to the language and it ~ should be a straight forward document when we bring it back to you. Hoaglun: Great. Bjornson: We do, by the way, want to compare that to what we would have gotten out of there were any changes to the UPC as it relates to that. We aren't anticipating any. Hoaglun: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Brent, do you know the status of the adoption in the other entities in the Treasure Valley? Are we going to be the first or -- Bjornson: Madam Mayor, Councilman Rountree, I do not. I have not researched that to know what the other municipalities are doing. It's -- my guess is that everybody is going to follow as quickly as they can to follow the statute. Rountree: Okay. It would be nice if it could be done concurrently, so that people in the industry don't have to say, well, they don't do it this way there yet. Bjornson: Yeah. This is a really popular document. You know, professionals around Meridian City Council December 16, 2072 Page 45 of 47 the state have worked hard in these disciplines to give a product to Idaho that is a one stop shop. There is even talk about, you know, an Idaho building code, so this might set the precedence for that and it simplifies and it's well received and I think that our neighbors will be adopting it as soon as possible. Rountree: Thank you. De Weerd: Anything further? Bird: I have none. De Weerd: Okay. Bjornson: Thank you. De Weerd: Thank you, Brent. Rountree: Do we need a motion or -- De Weerd: You will bring that back; correct? Nary: Right. Rountree: Bring it back in an ordinance. Item 11: Ordinances A. Ordinance No. 12-1536: An Ordinance for the Re-zone of .58 Acres from L-O to R-15 for the Rockcreek Apartments Located at 1023 and 1025 W. Pine Avenue, Meridian, Idaho De Weerd: Okay. Okay. Item 11-A is Ordinance No. 12-1536. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1536, an Ordinance RZ 12-003, Rock Creek Apartments for the rezone of a parcel of land located in the southwest one quarter of Section 12, Township 3 North, Range 1 West, situated in Ada County, Idaho and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of .58 acres of land from the L-O, Limited Office Zoning District, to R-15, Medium High Density Residential Zoning District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the r reading rules and providing an effective date. Meridian City Council December 18, 2072 Page 46 of 47 De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1536 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11-A. Madam Clerk, will you call roll. Zaremba: Due to a conflict of interest I abstain. Roll Call: Bird, yea; Rountree, yea; Zaremba, abstain Hoaglun, yea. De Weerd: Three ayes and one abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. C Item 12. Future Meeting Topics De Weerd: Item 12 is -- we are under Future Meeting Topics. Council, any topics for future meeting agenda? Bird: I have none. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:03 P.M. 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