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HomeMy WebLinkAbout2013-04-23E IDIAN -- s ~ , ~~. , CITY COUNCIL REGULAR MEETING AGENDA Tuesday, April 23, 2013 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 by Troop 1 3. Community Invocation by Arthur Clemens with MGT Legacy Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. Approve Minutes of April 2, 2013 City Council PreCouncil Meeting B. Approve Minutes of April 2, 2013 City Council Regular Meeting C. Approve Minutes of April 9, 2013 City Council PreCouncil Meeting D. Approve Minutes of April 9, 2013 City Council Workshop Meeting E. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not-to-Exceed Amount of $350.00 F. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship Agreement Between Meridian Library District and the City of Meridian for a Not-to-Exceed Amount of $350.00 G. Meridian Teen Movie Night 2013 Single-Night Sponsorship Agreement Between Meridian Library District and the City of Meridian for aNot-to- Exceed Amount of $350.00 H. Approval of Contract Change Order No. 1 to the Existing Agreement for "Well 16 Abandonment" to McLeran Well Drilling, LLC for the Not-To- Exceed Amount of $26,090.00 Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Life Church Recreational Pathway Easement J. Water Main Easement with Cedar Springs Neighborhood Association, Inc. for Mulberry Subdivision K. Approve Easements with Various Owners for Sanitary Sewer and Water Mains to Properties as Part of the Ada County Highway District (ACRD) Franklin -Ten Mile to Linder Project Parcel No. Property Owner Easement Type Parcel 1, Franklin & Ten Mile, LLC Sewer/Water Main Parcel 16, No. 1 SCS Brighton, LLC Sewer/Water Main Parcel 16, No. 2 SCS Brighton, LLC Sewer/Water Main Parcel 17 Steven C. Smith & Brighton Inv., LLC Water Main 6. 7. 8. L. Amended onto the agenda: Legal Department Budget Amendment Community Items/Presentations A. Meridian Environmental Excellence Awards Presentation (Pg 4-7) Items Moved From Consent Agenda None Action Items A. Public Hearing Continued from April 16, 2013: VAR 13-001 Knightsky Estates by Iron Mountain Real Estate, Inc. Located on the Northwest Corner of Chinden Boulevard and N. Linder Road Request: Right-In/Right-Out Access Point to State Highway 20/26 (Chinden Boulevard) Approved (Pg 7- 12) B. Public Hearing: AZ 13-004 Thompson Farm by R. Orville & Heidi Thompson Located at 975 S. Locust Grove Road Request: Annexation and Zoning of 2.38 Acres of Land with a R-2 Zoning District Approved (Pg 12-15) C. Public Hearing: PP 13-005 Oak Leaf Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and Approximately a 1/4 Mile East of N. Black Cat Road Request: Preliminary Plat Consisting of Four (4) Single Family Lots and Two (2) Common Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning Districts Approved (Pg 15-19) D. Public Hearing: AZ 13-002 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the R-2 (Low-Density Residential) Zoning District Approved (Pg 19-24) E. Public Hearing: PP 13-006 Heron Ridge Estates Subdivision by Mason and Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Preliminary Plat Approval Consisting of Sixteen (16) and Single Family Residential Lots and Five (5) Common Lots on Approximately 9.76 Acres in a Proposed R-2 Zoning District Approved (Pg 19-24) F. Public Hearing: ZOA 13-001 Unified Development Code (UDC) Text Amendment by City of Meridian Community Development Department Request: Text Amendment to Certain Sections of the UDC Pertaining to Block Length, Multi-Family Parking, Storage Facilities, Bicycle Parking Facilities, Street Knuckles and Other Miscellaneous Clean-Up Items Approved (Pg 24-35) 9. Department Reports A. Mayor's Office: Resolution No. 13-920: Appointing Brian Schreiner to Seat 4 of the Meridian Arts Commission Approved (Pg 35-36) B. Donation of Fire Department Items to Idaho Youth Ranch (Pg 36-37) C. Resolution No. 13-921: A Resolution Authorizing the Donation of Household Items to the Idaho Youth Ranch Approved (Pg 36-37) D. Parks and Recreation Department: Fiscal Year 2013 Budget Amendment Regarding Generations Plaza Water Feature Remodel for aNot-to-Exceed Amount of $14,500.00 Approved (Pg 37-38) E. Public Works: City Hall Water Feature Update (Pg 38-42) F. Community Development: Discussion Regarding Placement of Final Plats on the City Council Agenda (Pg 42-47) G. Legal Department: Discussion Council Start Times and City Council Duties (Pg 47-51) H. Mayor's Office: State of the City Budget Amendment for the Not-to-Exceed Amount of $12,455.00 Approved (Pg 51-52) I. Mayor's Office: MYAC Community Events and Travel Amendment for the Not-to-Exceed Amount of $11,750.00 Approved (Pg 52-53) Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 10. Ordinances A. Third Reading of Ordinance No. 13-1549: Large-Scale Special Events Update to Temporary Use Code Approved (Pg 53-54) B. Second and Third Reading of Ordinance No. 13-1551: An Ordinance Amending Title 4, Public Health & Safety, Chapter 1, Sanitary Service System, of the Meridian City Code, for the purpose of including Definitions for Commercial Recycler, Commingled Recyclable Material(s), and Source- Separated Recyclable Material(s) in 4-1-3; and to add "Or Commercial Recycler" to 4-1-10 H. And to Add a New 4-1-11 Commercial Recycling Exemption; and Re-assign the existing Section 4-1-11 Nuisance Declared to Section 4-1-12; and Re-Assign the existing Section 4-1-12 Penalty to Section 4-1-13; and Providing an Effective Date Approved (Pg 54-55) C. Ordinance No. 13-1553: An Ordinance Amending Title 2, Boards and Commissions, Chapter 7, Board of Adjustment of the Meridian City Code, Section 6, Hearing Procedures, for the Purpose of Amending 2-7-6B to Add a New Thirty (30) Day Filing Deadline to Submit a Request for Hearing before the Board of Adjustment from the Dated Notice of an Administrative Denial of a Request for a Billing Adjustment; and Amending 2-7-6C to Add that the City Clerk has Authority to Schedule a Hearing on an Alternative Date from the Regular Scheduled Hearing Date and Time for Board of Adjustment, Provided the Hearing is Scheduled Not Later Than Twenty- Eight (28) Days From the Next Regularly Scheduled Meeting; and Providing an Effective Date Approved (Pg 55-56) D. Ordinance No. 13-1554: An Ordinance (Legacy Church RZ 13-001) for the Re-zone of the south 55-feet of Lot 15, Lot 17, a portion of Lots 16 and 18, Block 1 of Wilson Addition to Meridian, as shown in Book 12 of Plat at Page 708 records of Ada County, Idaho; a portion of Lots 1-4, Lots 5-8 of Block 4 of Nidays Second Addition to Meridian as shown in Book 11 of Plats at Page 594 records of Ada county, Idaho and adjoining right-of-ways. Situate in the northeast quarter of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho Approved (Pg 56- 57) 11. Future Meeting Topics Adjourned at 9:34 p.m. Meridian City Council Meeting Agenda -Tuesday, April 23, 2013 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. eridian City Council April 3, 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, April 23, 2013, 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, Caleb Hood, Sonya Watters, Bill Parsons, Kyle Radek, John Overton, Perry Palmer, Mollie Mangerich, Max Jensen and Dean Willis. Item 1: Roll-call tendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting. First I would like to welcome you to our City Council meeting. For the record it is Tuesday, April 23rd. It's 7:00 p.m. We will start with roll call attendance, Madam Clerk. Item ledge o Allegiance y Troop 1 De Weerd: Item No. 2 is our Pledge of Allegiance. And we are going to be led and instructed by Dillon Chainer and he is with Boy Scout Troop No. 1. So, I will ask Dillon to come forward and lead us in this next item. (Pledge of Allegiance recited.) De Weerd: I would like to thank Troop 1 for joining me earlier in the art gallery for a discussion prior to this City Council meeting and appreciate you all coming down this evening and for your interest in our City Council and city form of government. So, have a good evening. Thank you. Item Community Invocation by Arthur Clemens with T Legacy Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led Arthur Clemmons with the MGT Legacy Church. If you will all join us in the community invocation or take this as a moment of reflection. Thank you for joining us. Clemmons: Father in Heaven, we thank you for these councilmen and the Mayor. We thank you for the wisdom that they have, because they wouldn't be in this position if they didn't have that kind of wisdom. But we pray tonight as they face the different Meridian City Council April 23, 2013 Page 2 of 57 challenges and different items that they might have, that you would give them supernatural wisdom from above and help them to have patience with those who might not agree with them and may this be a wonderFul time led by you, in Jesus' name, amen. De Weerd: Mr. Clemmons, if I -- if I could, please, offer you a City of Meridian pin. Clemmons: I have one. De Weerd: Well, good. Clemmons: Want me to have two? De Weerd: I just wanted to thank you for leading us. Clemmons: You're welcome. Item Adoption o the genda De Weerd: Isn't that nice, saving us some money there. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to put onto the agenda this evening. Under our Consent Agenda, 5-L, we want to add a Legal Department budget amendment for that part there. Under 9-A, that Resolution No. is 13-920. 9-C is Resolution No 13-921. Under Ordinances 10-C is Ordinance No. 13-1553 and 10-D is Ordinance No. 13-1554. 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. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item : Consent genda pprove inutes of ril 013 City Council reCouncil Meeting pprove inutes of ril 013 ity Council eular eetin Meridian City Council April 23, 2013 Page 3 of 57 Approve inutes o April 013 iy Council reCouncil Meeting D. Approve inutes f April , 2013 City Council Workshop Meeting Cable E ovie fight in eridian 2013 Single-Night Sponsorship greement a een Idaho Central Credit Union and the City of eridian for aot-to- xceed Amount of $350.00 CIeO ovie i h in eridian 2013 Single-Night ponsorship greement a een eridian Library District and the ity o eridian fora of-to- xceed Amount of $350.00 eridian Teen ovie i ht 2013 in le- fight ponsorship Agreement a een eridian Library District and the City of eridian fora of-to- xceed mount o $350.00 H. pproval of Contract Change rer o. 1 to the Existing Agreement for °' ell 1 Abandonment" to cLeran Well Drilling, LLC for the Not-To- xceed mount of $26,090.00 I. Life Church ecretional Pathway asement J. ter ain asement with Cedar prings Neighborhood Association, Inc. for ulberry udivision Approve Easements with Various Owners for nitary ewer and ater ains to roperties as art of the a County Hih y istric ( CHD) ranlin -Ten file o Linder rojec Parcel o. Property caner asement Type Parcel 1, Franklin Ten Mile, LLC ewer/Water Main Parcel 1 o. 1 C righton, L ewer ater Main Parcel 1 o. C righton, LLC ewer/Water Main rcel 17 teven C. Smith righton Inv., LLC ater Main L. Amended onto the agenda: Legal epartent Budget Amendment De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council April 23, 2013 Page 4 of 57 Hoaglun: As has been mentioned on the Consent Agenda we are adding Item 5-Le t Legal Department budget amendment. I move approval of the agenda Cons 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 amended. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Ite Community Items/ resentations A, eridian nvironmental xcellenc morels resentation De Weerd: Item No. 6 is under Community Presentations and I will ask Mollie to take the mike and do these presentations for us. Mangerich: Thank you very much. I'm going to turn this around if I may. De Weerd: Yes. Mangerich: Good evening, everyone. My name is Mollie Mangerich. I'm with the Citb of Meridian and proud to be their environmental programs manager and part of m tooa is the joy of tonight's presentation of our city environmental excellence awards significant few within our community for the reasons that I will be showing and telling you about in just a moment. Madam Mayor, will you be available to distribute the awards this evening? Thank you for being -- and thank you. Our awards are over here this evening. De Weerd: Sorry, I usually don't have jeans on. Mangerich: So, these awards are looking back into our calendar year of 2012 and what's interesting is the candidates came forward and arose is that there~seems to b ud theme that connects them all and it was a very unique partnership and I m really pro that this evening's contributors have engaged in some very special partnerships withind our community that have provided great value to our community. Madam Mayor an Council Members, our first award of the evening goes to our Meridian Poplar Department's community services division for their very important and very popu pharmaceutical drop off program. A bit of history. Meridians pharmaceutical drop off program became a reality clear back in 2009 and this was due to the leadership of our Meridian City Council April 23, 2013 Page 5 of 57 Meridian Police Department, our community services division, the Mayor's anti-drug coalition, and a lot of meetings that they held with Idaho DEQ, Idaho Public Health Association, and including our pharmacy program at the Meridian campus of the Idaho State University. You know, the common theme amongst all these stakeholders was to provide a safe and easy way to dispose of -- excuse me -- unused prescription drugs. Lieutenant John Overton and the Mayor's Youth -- or the Mayor's Anti-drug Coalition found that the statistics as they are today extremely alarming. Everyday more than 2,000 kids between the ages of 12 and 17 are trying painkillers nonmedically to get high and as of today our Meridian Police Department offers free anonymous convenient disposal for these unused medications that lie around in our house and we take them at our Police Department Monday through Friday 8:00 to 5:00, no questions, anonymous, free, convenient. It's fabulous. I really applaud you and the partners and their efforts. Now, on the environmental side, from my perspective, we wanted to provide and insure and encourage that there was a safer disposal method, as opposed to improper disposal of just flushing down the toilet and entering our surface waters where we are finding scientific studies of pharmaceuticals and chemicals in our surface waters and who knows what the future brings. So, a diversion program of this enormity are potentially wonderful for us. So, with that I would like to proudly say that our Meridian Police Department to date has accepted over 5,000 pounds -- is that correct? Overton: Six thousand by this weekend. Mangerich: Holly cow. Six thousand pounds in pills and medications through your efforts, your team and your partnership with our community. With that our Mayor would like to present to you and your group the Meridian Environmental Excellence Award. think Natalie is going to be taking pictures. (Pictures taken.) Mangerich: Our second award goes to a very special group who has just started doing a wonderful activity within our community and this is the Meridian Co-op Gardeners. Upon invitation by our Meridian Parks and Recreation Department, the Meridian Cooperative Gardeners were established in May of 2012 at our Julius Kleiner Park, our newest park here in our community. The Meridian cooperative garden is dedicated to providing local produce and crops for their subscribers and for their volunteer workers. Excess produce and certain crops are donated right here to the Meridian Food Bank. Located on about three-quarters of an acre, this extremely resourceful group has secured support from organizations such as Southwest Idaho RCFD, Idaho Power funding, a little bit of help from the Home Depot association and Albertson's. As well in terms of being resourceful in developing partnerships locally, they have created relationships with our Future Farmers of America, lots of boy scouts I am told, Friendship Celebration Lutheran Church and Harvest Church of Meridian. Now, these volunteers within these organizations help to cultivate, plant, weed and water all the garden activities that are going out there. Katie Gonzales is the coordinator of our Meridian Co-op Gardeners. She's here tonight with some of her friends and family. I'm so nervous. Excuse me. The garden produced 1,500 pounds of produce for the Meridian City Council April 23, 2013 Page 6 of 57 Meridian Food Bank, as well as providing for their co-op owners just this last year and am told a special thanks goes out to an individual in our community by the name of Carrie Swanks who spearheaded the Food Bank's campaign in 2012. So, thank you very much and our Mayor would love to provide you our Meridian Environmental Excellence award. Katie Gonzales. (Pictures taken.) Mangerich: Our third award this evening goes to a cooperative effort from two very successful businesses within our community. I'd like to bring Steve Sedlacek or highlight Steve Sedlacek of Sanitary Services Company, our original waste management company within Meridian and now it's Republic Services and Hal and Mark Miller of Larsen Miller Medical Disposal Services. This is for their medical sharps container exchange program. You know, back in the day when Steve had begun our solid waste services he knew there was problems with syringes, needles, or what we call medical sharps posing potential dangers to a lot of his sanitation workers and his recycling workers, so he and Larsen Miller put their heads together, made some very unique collaborative arrangement with one another and exchanged services to the benefit of our community. The exchange program runs like this -- and it is unique to Meridian and found nowhere else in the Treasure Valley and as far as I know the state of Idaho. No business waste is accepted, first of all, but proof of Meridian residency is provided at the transfer. Free medical waste containers are given to residents, individuals, who need disposal and containerization of their medical sharps. Full containers, they bring them right back to SSC and they are accepted for no charge. This is when Larsen Miller gets involved, who accept a kiosk full of full red sharps containers, transport them safety back to their Elmore county facility, autoclave them, melt them down and, then, properly dispose of these inert materials in a landfill. When this program started only a handful of individuals participated in the program, but in the last ten years they have seen six to eight individuals come in the door each day to exchange their medical box. What a unique service they are providing to our community of their own accord and of their own integrity and creativity. Our Mayor would very much like to provide each of you an Environmental Excellence award for your contribution to our community. Come on up. (Pictures taken.) Mangerich: That concludes our Environmental Excellence awards for this year. I'm really proud of our community and you should be, too. In the back of the room are materials related to these programs. Please take them home if you will. De Weerd: Thank you, Mollie. We appreciate your passion for this and certainly we appreciate our community partners. Your efforts continue to help us achieve that premier community status to live, work, and play and so we do appreciate you being there. And, Mollie, you know, I always tear up, so I think you are just filling in, because I wasn't doing it. Meridian City Council April 23, 2013 Page 7 of 57 Mangerich: Thank you. De Weerd: So, you thank you carrying on the tradition. Mangerich: Thank you. Item 7: Items Moved From Consent enda De Weerd: There were no items moved from the Consent Agenda. Item 8: ction Items ulic Hearing Continued from April 16, 013: VAR 13-001 nihty states by Iron ountain eal state, Inc. Located on the orthwest Corner of Chinden Boulevard and N. Linder oa euest: fight-In/ fight- ut cce Point to tate Highway 0/ (Chinden Boulevard) De Weerd: So, we will move to item 8. 8-A is a public hearing that was continued from April 16th on VAR 13-001. I will turn this over to Bill. Parsons: Thank you, Madam Mayor, Members of the Council. If you recall last hearing on April 16th Council did continue this item to this hearing to get some additional information, the most important was Council wanted to see how this proposed access would interact with the future build out of that roadway along Chinden Boulevard. I would mention to Council that the applicant did provide an exhibit for you. I have attached that in your hearing outline this evening. Also on the graph -- or the display board here I do have the graphic up showing you where that edge of right of way is from the ultimate build out as well. ITD said -- did also provide additional comment for you that stated that the decel lane and the access could fit within the planned right of way moving forward. At this time ITD does not have that roadway planned or any budgeting for that roadway and that's detailed in the letter as well. One other additional item that wasn't provided from ITD was how they were going to restrict access for this point, where through a pork chop or center median. So, I think that's still the outstanding issue for you this evening is how was ITD going to -- are they going to require that center median or are they going to allow the access or require a pork chop with that access. Other than that additional information, staff has nothing else to add and at this time I'd stand for any questions you have. De Weerd: Council, any questions for staff? Bird: I have none. Rountree: I have none. Meridian City Council April 23, 2013 Page 8 of 57 De Weerd: Okay. Does the applicant have comment? Good evening. If you will, please, state your name and address for the record. Amar: Good evening, Madam Mayor, Council Members. My name is Kevin Amar. Address is 3681 North Locust Grove. We have before you the exhibit that was requested from previous hearing. It's important to note that we have the exhibit. We also have a comment from Mr. Szplett at ITD insuring that the right of way that is being provided with this project will allow for future expansion of the width of Chinden while maintaining bike lanes and maintaining landscaping buffers, as well as room for the decel lane to remain in place in the future. We tried to get some additional information from him, so we could show an actual design of what that might look like and he declined. He said they weren't sure what it was going to look like yet, but it was important to them, as it is to us, to make sure that the right of way width is maintained to provide the necessary lanes, as well as the safety feature of the decel lane. The question remains as to how to restrict right-in, right-out and our proposal currently is the pork chop. We are working with ITD to determine what works best, you know, that you need to turn right not left out of there in that location, so that would be some ongoing discussion that we would have to determine at the time presumably of design how we are going to do that with ITD. But we know there is going to be here a pork chop or a center median in the road and determine which is best to make that happen. I don't know that you have ITD's comments from Dave Szplett. If you don't I brought those with me, but I would stand for any further questions. De Weerd: Council, any questions for Kevin? Bird: I have none. De Weerd: Kevin, I guess one thing that did come up last week was if there could be a design for the entry into the subdivision to perhaps limit the pass-through traffic? Amar: That did come up, yes, Madam Mayor. The thought -- I will need to verify this with the fire department also, but even if we could narrow that section -- there is a portion of the plat -- Bill, I certainly don't know how to use this. Perfect. There is a portion of the plat on the western end where there are no drive accesses or anything else, it's just the connection of the road from this property to the Spurwing Challenge golf course. That portion that is just purely a connection, we have proposed maybe narrowing that to a minimum of I think 25 feet as what the fire department requires as a minimum to drive. We talked a little bit afterwards to Mr. Reich I believe his last name was, and he, you know, was acceptable to anything, as long as we can try to limit some of that. We just want to make it as -- we just don't want to make it attractive to drive through there, so if we do limit the width that would help. They have already -- we talked to them about doing some sort of roundabout. His position is they have already submitted a design and they really don't have the room to do a roundabout and due to the nature of where ours connects with their facility there is not room just on our side to do a roundabout either. So, I guess my proposal would be to narrow that road as much Meridian City Council April 23, 2013 Page 9 of 57 as we can while still maintaining safety with the fire department, so it's not an easy pass through situation. De Weerd: Also another point that came up is their request to limit it to emergency personnel access. Do you have an opinion on that? Amar: Yes. We would like to maintain it as a full access understanding that provides benefit for the community for both their subdivision, as well as ours. We have seen those emergency access locations and seems to cause more confusion than help and, to be honest with you -- and we won't know until it's built -- I don't see this as a strong cut through location. Certainly not for people trying to access the Spurwing clubhouse. It's going to be much quicker to travel that distance on Chinden and drive direct access in off of Long Lake and a stoplight on Long Lake. De Weerd: Okay. Amar: So, I think it will be more residents of Spurwing Challenge that would use this the majority than anyone else. De Weerd: Thank you. Anything further from Council? Bird: I have none. De Weerd: Okay. Thank you. Amar: Thank you. De Weerd: Okay. We did keep this public hearing open. Is there anyone else who would like to provide testimony on this item? Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Let me kind of work backwards through the subject. My preference would be for the connection to the new Spurwing Challenge Subdivision to remain an open public road. The access into Spurwing is pretty well constructed already. It doesn't quite -- the entire subdivision isn't quite a cul-de-sac, because I believe we have required an access out through Spurwing Greens or -- the new project to the west has changed names a couple of times, but there is a good section of Spurwing that would still function like a cul-de-sac if this were not an access and I would prefer that it not be an emergency only access. I think it makes sense to have it be a public road and an open access. If our fire department is comfortable with some traffic calming idea there that either narrows the road or puts an island in the middle of it, I would be happy to have them work that out, but my -- my opinion would be to be against bollards or something that actually closes it off. I will also state a preference on the access to Chinden. Our general Meridian City Council April 23, 2013 Page 10 of 57 agreement on access to -- to state highways is there can be a full access on the half mile and aright-in, right-out on the quarter mile. I can understand all of the other elements that have gone on around here that bring us to this point. I can go along with substituting this access for the quarter mile access, even though it's not on the quarter mile, but it does provide that function and there are property lines that make access on the quarter mile very difficult. So, even though I have a strong history of being opposed to adding extra accesses in locations like this, I can be satisfied. I still appreciate Councilman Rountree's question and I will leave it up to him to see if his understanding of this drawing satisfies the right of way. I would add one more thing in that I agree with others who have stated I don't think the pork chops are working to force aright-in, right- out.. They -- people ignore them, they find a way to go around them, so I would propose certainly that the applicant and ITD settle on having some kind of a center divider at this point, whether it's an island or just a curbing or even the -- I think they call them candles. It isn't important to me, but I think there should be something along the center line that -- that prevents left turns. I don't think the pork chops that I have seen along Eagle are working to satisfy that. So, that is my opinion. I would be in favor of approving this right-in, right-out, making sure that's the only thing it can be and maintaining public right-of-way at the west property line. De Weerd: Thank you, Mr. Zaremba. Any other comments from Council? Questions for staff. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a comment. I agree with what Councilman Zaremba has just stated. I agree that the pork chop is not the solution for right-in and right-out in a development agreement. I believe it needs to have language with respect to providing a -- some kind of an -- either curb or raised median to not allow that turn to be made, because it will be made if it's not prohibited in the travel lane itself. That's a bit of a difficult intersection as it's laid out right now with two lanes. You're not sure which lane you want to be in going east and the same way going west and both merging into one lane. Ideally -- and it's probably too late, but it would have been nice to have all four corners of this intersection put up the funds to at least get the intersection itself designed properly and functioning properly and transitioning back to two lanes, even though I think we have lost the opportunity with that on the east side. But I agree with what Councilman Zaremba said. I'm not sure what else you can do in order to get this particular corner and piece developable. It's unfortunate that the parcel was split, but the parcel was originally designed for that road to go from Linder all the way through to the Spurwing original access point and I think it needs to remain as such. De Weerd: Thank you, Mr. Rountree. If there is no further questions for the applicant or staff -- Mr. Hood. Meridian City Council April 23, 2013 Page 11 of 57 Hood: Madam Mayor, if I could just make one clarification. With the variance we won't be getting into the development agreement at this time, but certainly as the applicant comes back we will certainly look to these comments as we begin to guide a staff report for development agreement modifications, plats, those types of things. So, we won't typically condition a variance, but duly noted. I just wanted that for the record that we won't be including that with this action, but certainly moving forward we will consider those comments. Thank you. De Weerd: Thank you for that clarification. If there is no further information needed from Council, I would entertain a motion to close the public hearing. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on VAR 13-001. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve VAR 13-001 and realize that we can't put conditions on that, but I'm certain the applicant is aware that as this moves through the process there is a preference for some sort of center divider on Chinden. That will come up as further applications come along and I would also comment that this is a unique situation and nobody should interpret this as establishing a precedent. End of motion. Rountree: Second. De Weerd: Mr. Zaremba, would that include working with the property to the west in some treatment at the entrance into the residential side to slow traffic into that? Zaremba: Madam Mayor, yes. I would add the subject of working together with the adjacent property owner to come up with some acceptable -- I'm sorry -- with the adjacent property owner and the fire department -- our fire department to come up with with an acceptable method of traffic calming that does not close this off. De Weerd: Okay. Second agree? Meridian City Council April 23, 2013 Page 12 of 57 Rountree: Second agrees. De Weerd: Thank you. Any comments? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Yeah. This is something I can support. This is a unique piece of property and I think Councilman Rountree noted correctly that if it hadn't been split I think the design would have been different. I don't think we are adding any -- a special right or privilege and I think the applicant can point to several other places on a state highway -- Eagle Road and other places -- that right-in, right-outs are utilized to meet needs. It's also -- it's interesting under point two a variance relieves an undue hardship because of characteristics of the site, in this I look at it as the hardship that we are creating in trying to relieve is allowing commercial traffic to have to use a residential street to come to the commercial entity and that to me is backwards and -- and I think this right-out -- right-in, right-out actually relieves that hardship that would be created on the residence. So, a little different view than some others might look at it, but that's how I view it. And I think with the information provided by ITD it meets the safety standards and is very reasonable in all these respects, so I could support this motion. De Weerd: Thank you, Mr. Hoaglun. I think that clarification was essential as part of that variance. Any further comments from Council? 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. ulic Hearing: 13-004 Thompson Farm by rville Heidi Tho peon Located t 975 . Locust Grove oad euet: nnexation and oning of .3~ Acres of Land with a C- (Community usiness) - Zoning District De Weerd: Item 8-B is on AZ 13-004. I will open this public hearing with staff comments. Watters: Good evening, Madam Mayor, Members of the Council. The next application before you is a request for an annexation and zoning. This site consists of 2.38 acres of land. It's currently zoned RUT in Ada County and is located on the southwest corner of East Central Drive and South Locust Grove Road, 975 South Locust Grove. The applicant requests annexation and zoning of 2.38 acres with a C-C zoning district, consistent with the future land use map designation of commercial. There is currently a Meridian City Council April 23, 2013 Page 13 of 57 single family dwelling and associated buildings on this site. You can see by the picture here. The applicant requests hook up to city sewer and water service for the existing home and one of the out buildings. A couple of conceptual drawings have been submitted showing how the property should redevelop in the future, however, there are no plans for redevelopment at this time. The use of the site is proposed to remain residential. For this reason staff and the Commission is recommending that a zoning designation of R-2, low density residential, consistent with the existing and continued residential use of the property, rather than C-C as requested. The applicant is in agreement with staff and Commission's recommendation for zoning. Upon redevelopment of this site the property should be rezoned to a commercial district in accord with the commercial future land use designation. The existing home is required to hook up to city services within 60 days of annexation ordinance approval. The Commission recommended approval of the annexation request. Sam Johnson testified in favor at the public hearing. No one testified in opposition or commented and written testimony was received from Sam Johnson, the applicant. There were no key items of discussion by the Commission. Commission changes to the staff recommendation. Based on the applicant's request and staff's recommendation the Commission recommended comment 2.21 pertaining to streetlights is included as a DA provision for requirement upon redevelopment of the site. That is development agreement provision 1.1 D. There has been no written testimony since the Commission hearing and there are no outstanding issues for Council. Staff will stand for any questions the Council may have. De Weerd: Thank you. Any comments or questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Does the applicant have any comments? Thank you for joining us. If you will, please, state your name and address for the record. Johnson: Yeah. Thank you for having me. My name is Sam Johnson. My address is 2701 East Pine in Meridian. De Weerd: Thank you. Johnson: I really don't have anything else to add to the application and, then, to the staff report, so we are in agreement with the recognized zone of R-2. There is no immediate plan to develop the property commercially. The main intent to annex it is to connect to city sewer and water. As you can see from the pictures, the site's been I guess renovated. The buildings have been resided and painted. The owners have decided it was time to clean the property up and wait for future development when the opportunity arises. I would stand for questions. De Weerd: Council, any questions? Meridian City Council April 23, 2013 Page 14 of 57 Bird: I have none. Rountree: I have none. De Weerd: It does look nice out there. Johnson: A little different. Rountree: Much better. De Weerd: Yes. Thank you. Johnson: Thank you. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we close the public hearing on Item 8-B. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-B. 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 8-B, AZ 13-004. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Mr. Zaremba? Zaremba: Should we clarify that we are approving it as an R-2. Rountree: That's how it's presented to us with the staff recommendation. Well, including staff recommendations and comments. Meridian City Council April 23, 2013 Page 15 of 57 De Weerd: I appreciate the clarification and, yes, that is part of the motion. Madam Clerk, will you, please, call roll on that. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 8-C is a public hearing on PP 13-005. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Oak Leaf Subdivision. It's located north of Chinden Boulevard, approximately a quarter mile east of North Black Cat Road. This property is currently zoned R-2 in the city. Was annexed in with the Tree Farm property in 2006. There is a development agreement requirement for this property as well that would happen with the annexation. The applicant is here this evening proposing a four lot estate subdivision. The existing home, which is situated on Lot 4, Block 1, will remain part of that subdivision and, then, there is two -- or three additional building lots and then, two common lots as well. The extension of the roadway will happen from North Moon River Way, which was provided with Spurwing Grove Subdivision No. 4. That will be terminating in a cul-de-sac and provide access to this property. I would mention to Council that the existing home does have access to Chinden Boulevard at this time and that will be vacated once this road is provided to this property as well. The applicant has submitted a landscape plan. They are required to provide ten percent per the UDC. The plat -- the landscape plan before you this evening does depict two passive open space lots. Each passive open space lot will have a sitting area, so there are two amenities proposed as well with this subdivision. The applicant also provided elevations for you this evening. In the application the applicant stated that the minimum home size in the subdivision would be 3,500 square feet, so we are looking at some substantial homes on one acre lots as well. Planning and Zoning Commission did recommend approval to you on the March 21st hearing. Barry Semple spoke in favor of the application. No one testified in opposition of it. Primary issues of discussion of the Commission hearing was the utility connection of the existing home on Lot 4, Block 1. And I will get to that in a moment as well. Commission did recommend a modification to Condition 1.1.6. They changed the wording from shall to may and, then, written testimony since the Commission hearing, staff did receive a lengthy rebuttal from the applicant and he also attached an exhibit on how the home would be Meridian City Council April 23, 2013 Page 16 of 57 sewered in the future. I believe that those comments are provided in your packet this evening. And, again, here is what the applicant is proposing. Originally when we were before Planning and Zoning Commission the intent was that the home would be -- sewer would be stubbed from the cul-de-sac proposed with the subdivision and the sewer line would come back into the property and connect here to the existing home. Well, at that hearing it was testified that in order to service that property from the cul-de- sac the applicant would have to put in a pressurized sewer line in order to make that happen. After the hearing and getting to the P&Z Commission hearing, the applicant came back, sat down with staff, and engineered a proposal that seems to work better for servicing the property and the reason why it works better is the applicant could facilitate sewer connection via this main that would be constructed with a future Spurwing Greens phase. The other benefit is that this would all be a gravity line, instead of having to be pressurized in the future. Staff did receive written testimony from that adjacent property owner to the east. He's amenable to the routing of this sewer. He has given consent to allow that to happen. The only issue before you tonight is the timing for that to happen. I would also mention to Council that the recorded development agreement requires this property to hook up to city services and keep in mind that when we talk -- when we are talking city services, this is United Water. We are mainly talking about sewer. They will have to coordinate with United Water to facilitate the water connection. So, staff is recommending a change to their conditions of approval before you this evening. That condition would be 1.1.7. Basically we are asking that that condition requires the home hook up to city services or urban services, sewer and water, to give the applicant some flexibility. We are basically stating that future connection to the sewer would happen as depicted in the exhibit before you this evening and, then, we want to make sure that that connection would happen with the development of a future phase, which is the property to the east. So, it's a little ambiguous. We don't have a specific timeline for that connection, but staff feels just allowing that to happen with that development in the future makes sense. In speaking with the applicant the private system seem to be working fine at this point, so there isn't a real concern to get that hooked up, but at least wanted to go on record and let you know that this seems to be working. We did coordinate with Public Works, they are in agreement with this orientation as well. Other than that timing issue that I mentioned to you, staff is recommending approval, Commission recommended approval, and I stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, I didn't catch this. You probably said it. On this proposed rerouting of the sewer line into the future Spurwing Greens phase, has that phase been preliminary platted to the extent that we know this can work and there is going to be a utility easement where that could go through the subdivision? Meridian City Council April 23, 2013 Page 17 of 57 Parsons: Madam Mayor, Members of the Council, yes, property to the east has been preliminary. That's happened. I know in speaking with the applicant they have run the models. He's the engineer, I will let him testify to that, but based on his modeling he believes that this will work as shown before you this evening. Rountree: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Could 1 ask to go back to a view that shows more of the surrounding property? I think -- yeah. Thank you. Hold on that for just a moment if you would. What I'm looking for is future road connectivity to the property to the west and it looks like it's sort of the south end, not on the property that we are talking about, but at the south end is that a connection? South of the property we are talking about it looks like there is a roadway that -- Parsons: Madam Mayor, Members of the Council, this subdivision is not proposing any stub streets, but when Spurwing Greens Subdivision -- that preliminary plat came through there was a requirement for a stub street in this general location, if you can see my cursor. That will ultimately provide that road network in there and connect back to Black Cat. Zaremba: Thank you. That was my point that this one does not having a -- Parsons: That is correct. Zaremba: --- any connection, so as long -- as long as there is a provision for a future connection nearby I'm satisfied. De Weerd: We won't land lock them. Zaremba: Good. De Weerd: Okay. If there is no further questions, would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Semple: Yes. My name is Barry Semple. I'm with RiveRidge Engineering. Address is 2447 South Vista Avenue in Boise. De Weerd: Thank you. Semple: I am here tonight representing the applicant who is in attendance, if you should have any question for him. I appreciate staff's assistance in working through one Meridian City Council April 23, 2013 Page 18 of 57 remaining issue. To continue that conversation that Bill had, as you're aware the -- believe it's called Sugar Tree Drive was recently completed in the Spurwing Green No. 4 and so the sewer and water services are installed there and the stubs have been installed to the property that's to the east of the Oak Leaf Subdivision, so we know specifically what the elevations of the sewer are there and I have evaluated the sewer main extension and service extension along the proposed alignment and it does work. The sewer when it reaches the home -- existing home will be at least six feet below the ground surface. So, this alignment just, from an engineering standpoint makes a whole lot more sense. There is no mechanical pumping involved. It happens to coincide with the location of existing clean out where the sewer leaves the home. There are no -- basically there is a -- there is a lawn area that the sewer service would cross, rather than trying to accommodate a very circuitous route through extremely mature vegetation, several ponds, just -- and, oh, by the way, there is no pumping again. I think that's -- I think that's key. So, in short, we support the staff's recommendation for approval. As I said, the applicant is here should you have any questions of him and with that I will stand for any questions you may have. De Weerd: Thank you. This is a great solution to a complex problem that was presented because of mature landscaping and beautiful at that. Any questions from Council? Bird: I have none. Rountree: 1 have none. De Weerd: Thank you. Semple: Thank you very much. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move we close the public hearing on Item 8-C. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? Meridian City Council April 23, 2013 Page 19 of 57 De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-C PP 13-005, subject to staff comments and not necessarily simple solution that's being recommended. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-C. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item No. 8-D and E are public hearings on AZ 13-002 and PP 13-006. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Last item on -- public hearing item -- or the next item on the agenda is the Heron Ridge Estates Subdivision. Again, this is located on the north side of Chinden Boulevard, approximately a half mile east of north Black Cat Way -- or North Black Cat Road. The property does consist of two parcels currently zoned RUT and R-1 in Ada County. It is adjacent to Spurwing Greens or Jayker Subdivision as well. The applicant is proposing to annex in 10.10 acres of land and plat approximately 9.76 acres with an R-2 zoning designation. The plat consists of 16 residential lots and five common lots, with a gross density of 1.65 Meridian City Council April 23, 2013 Page 20 of 57 dwelling units to the acre, which is consistent with both the low density designation on the Comprehensive Plan and the requested R-2 zoning designation. The applicant is proposing to develop the plat in two phases. Phase one would be -- would consist of ten lots, which is located on a six acre parcel here and, then, phase two would be approximately three and a half acre parcel and consist of the six remaining lots as well. The property will be bisected with a future collector road that will be extended with the project and terminate down by Phyllis Canal here. Access to phase one is provided from North Moon Drummer Way and will, again, terminate and cul-de-sac with no other additional stub streets given the topography in the area and, then, phase two, again, is another extension of a street and dead-end cul-de-sac. If Council recalls, we came through recently with a final plat that was to provide that connectivity to this project. Those applicant -- or those property owners are still in communication and getting that alignment and utility alignment correct as well. So, that is happening as well. But final plat has -- is setting the stage for the extension of Jaykers and, then, also this local street connection to phase two. Phase two won't be able to develop until access is provided to this property, so it is somewhat predicated on Brighton finishing their phase southwest of this property as well. Again, applicant is required to provide ten percent open space. The open space is in the form of a passive open space lot here, eight foot wide parkways, and, then, the collective street buffer along the future North Jayker Way, which is terminating at the Phyllis Canal. One amenity is providing -- is being provided with the subdivision. That is a sitting area located in this area as well. Staff realizes that it is a disconnect from phase two, but given the topography in the area and what's happening, it's -- it's difficult to link the two together. I'd also mentioned to you that the applicant has requested alternative compliance due to the topography down through the gulch here. So, a portion of these -- of the west side of the collector roadway will not have the required landscape buffer as required by the UDC. Instead, the applicant is providing a wider buffer for this segment of the roadway and, then, along the east side they are providing 20 feet and in some areas as wide as 70 feet to offset the loss of that landscape buffer on the west side. I'd also mentioned to Council that with the approval of the Spurwing Subdivision to the south, there was a ten foot pathway constructed along North Jayker Way on the east side and that will be constructed with this street segment as well and, then, terminate at the gulch with a future collector roadway. The applicant again is proposing large estate lots. Here is the type and flavor of the homes that they propose for the subdivision. Staff does support the design of these homes. Conditions of approval require compliance with these elevations moving forward. Because the applicant is coming in with an R-2 zoning designation staff is not recommending a development agreement with annexation of the property given the low density and the types of uses proposed out there. The Commission did recommend approval to you back in March -- on March 21st. Scott Stanfield testified in favor of the project. There were no outstanding issues discussed at the Commission. There were no recommended changes by the Commission. Staff has not received any written testimony sense the hearing and to staff's knowledge there aren't any outstanding issues before you this evening and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Any questions from Council? Meridian City Council April 23, 2013 Page 21 of 57 Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Two different kinds of questions. It doesn't appear on the agenda, but it is on the notes that you have provided for us. ALT 13-007. Is that the alternate compliance that you were talking about? Parsons: Madam Mayor, Members of the Council, that is correct. That is the alternative compliance that -- Zaremba: And does that piece not require Council approval? Is that administrative or -- Parsons: It is administrative approval. Zaremba: Okay. So, we don't -- it's not on the agenda and I'm making sure that we don't have to vote on it, so -- okay. So, that was separate. The other thing that I bring up constantly is the public roadway connection to the Aldape property just north of this and which eventually we are looking forward to having a public park on the north end of that property. My question tonight is if this collector is going to be completed to the Phyllis Canal, there is a significant grade change there, essentially this road goes down a small canyon and my concern is if that road is completed to the Phyllis Canal, there is no place for anybody to go, but onto the Aldape property, how do they turn around and get out of there or should we add some signage -- temporary signage at the top end -- the uphill end of this that says no access to anything and that sign would be removed when Aldape is developed. My concern is somebody is going to get stuck down there, then, what do they do, they have to drive onto the Aldape property to turn around. don't know if that's a big concern, but -- Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, I know that roadway -- the applicant engineer is still working with ACRD on the design of that roadway. They are getting closer to finalize that. I know that this subdivision has not been -- it has to go before their commission, because in order to get a waiver from their policy the fire department and ACRD haven't required a turn around at the terminus of the roadway as you stated, because there is no room for it. So, in order to get that approved through ACRD they have to get a waiver from policy and have their commission act on that. So, they are still working that out. It may be something that I can certainly check into for you and see if ACHD is amenable to at least putting that sign up towards the gulch. It provides no access to the development, but -- Zaremba: I'm just offering that as a suggestion, so that people don't go down that road. Parsons: Sure. Meridian City Council April 23, 2013 Page 22 of 57 Zaremba: It looks like it goes someplace once you build it and they wouldn't be able to see that it doesn't, so -- Parsons: Correct. Zaremba: Just a suggestion. Parsons: Maybe the applicant can shed some light on that for you as well. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I have questions along that same vein. The future of that access point, is that going to be a public access point for the future park down -- whenever that occurs? Okay. They are nodding yes for the record. Parsons: Madam Mayor, Councilman Hoaglun, that is a collector street and a public street at that. So, it is being dedicated through a warranty deed. It's not being dedicated with this plat, because there is multiple property owners involved that own land along the gulch and so this land owner and the two other property owners are working together to cost share on the construction of the roadway. So those things are happening, but I know it's getting very close to finalizing that. Hoaglun: Okay. Thank you, Bill. De Weerd: Any further questions at this point? Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Stanfield: Thank you, Mayor, Council. De Weerd: Thank you. Stanfield: Scott Stanfield with Mason Stanfield Engineering. 826 3rd Street South, Nampa, Idaho. Good to be here tonight. I'm not here very often and so it feels good to come back and I would like to thank Bill for his help on this project. I think it's very good that he's represented the project to the south also, so we maintain a continuous project, if you will, from south to north and I think that's very important and I commend the city for structuring their planner to that -- to that pathway, so that's good. Nothing really to add. Bill did a good job as usual on the staff report. We have no concerns, no issues outstanding. We are in agreement with everything on there. So, I will jump into Zaremba's concerns regarding the roadway down below. We did talk at our very first meeting with ACRD, Gary Inselman, about putting in signage up top. He recognized that we really want to get that built now versus putting it in a trust fund and maybe Meridian City Council April 23, 2013 Page 23 of 57 building it later, so we have teamed up with adjacent owners, as Bill pointed out, and we are going to build now and, of course, that has inherent problems and that is a turnaround down there. So, ACHD is amenable to the signs up top and it will be an inconvenience until people figure that out and everybody will have to recognize that and everybody will have to go along for awhile, but the developer will put signs up top. In fact, we are working on that roadway design as we speak and should have that into the highway district here real soon. So, hopefully that answers your -- the questions there. Zaremba: Yes, that does help. Thank you. Stanfield: Short of that, we have just tried to create some nice, big, generous lots, those view lots look down on the river valley down below and you can see this project is two parcels with very odd ball shapes, so it was very challenging to make something fit and we tried to do the best we could and work within your code and with that I'd stand for any questions. De Weerd: Thank you. Any questions from Council? Bird: I have none. De Weerd: Okay. Thank you. Stanfield: Thank you, Mayor. De Weerd: This is a public hearing on Items 8-D and E. Is there anyone who would wish to provide testimony on this item? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing none, I move that we close the public hearings on Item 8-D and E. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items 8-D and E. All those in favor say aye. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: All ayes. Motion carried. Mr. Bird. Bird: I move we approve AZ 13-002 and PP 13-006 and include all staff and applicant comments. Meridian City Council April 23, 2013 Page 24 of 57 Rountree: Second. De Weerd: I have a motion and a second to approve Items 8-D and E. Is there any discussion by Council? Hearing none, 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. De Weerd: Item 8-F is a public hearing on ZOA 13-001. I will open this public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. I think it was probably my first week taking over for Pete, staff had this laundry list of things to change in UDC. So, we sat down and we started going through it, taking those comments that we had received over the past several months and have compiled them in an application and ask for you approval tonight. There aren't too terribly many of them, so if you don't mind I would just like to run through the proposed changes real quick. I won't read all the changes, but I do want to at least highlight them all real quickly. So, the first change we are proposing has to do with knuckles in -- on streets. We have some complaints from the fire department primarily, but also ACRD about the -- sometimes they are called eyebrows in the knuckles and so those are problematic. I believe also the solid waste folks had some difficulties particularly when people park on those and maneuvering around and so, basically, our -- our proposed change is to remove that requirement to separate that with the landscape island or an eyebrow is what we typically call those. So, that's the first change we are proposing. The second proposed amendment has to do with pathway lighting. There has been some clarification needed on when bollard style lighting or pedestrian level lighting is needed on these pathways. Hopefully, the UDC changes clarify that when they are not visible from a public street they need to have lights. So, if the police department -- and that's how we are going to work it out -- we meet with -- with police and fire and parks approximately three weeks before each hearing item and sit down and have what we call a comments meeting. So, we sit down with the site plan and go through a proposed project together and talk through any issues and conditions. That's how we come up with conditions for staff reports. So, we are going to sit down together. Lieutenant Overton is typically the police representative. Jay Gibbons is typically the parks representative. So, we will look at those and see Meridian City Council April 23, 2013 Page 25 of 57 where visibility may be an issue. So, if a pathway comes in and does a 90 degree turn and it's not visible from a public street, we will look at pathway lighting for that area that would otherwise be dark and not have the eyes on it at least from a patrol standpoint being able to maneuver in a vehicle. I should say at any point in time if you want any further clarification or want to talk about anything, please, feel free to interrupt me. The third change is -- came about really a couple of fold. I think I forwarded to you all a request from ACHD bicycle advisory commission probably three, four, five months ago on a concern that they received and also we received at the city regarding a project where they had installed bike racks that only came about 12 inches off the ground and so cyclists were concerned with 1,000 dollar bikes only being able to lock their front tire. Some had lost their bikes -- you know, the front tire was still there, but their frame and the rear bike that the tire was on. So, the BAC at ACRD had recommended some standards for those to basically get a minimum height so cyclists can lock their frame and wheel and not have to carry multiple locks to lock your frame and your wheel to a -- to clock. We also looked at Nampa standards and some other municipalities for those locations. We want them fairly close to the door. We don't want to put them right there where pedestrians may trip or -- but we do want them fairly close to a front door, not on the back side, so cyclists don't even know they are there or won't use them. So, we have tried to walk that fine line of close to the door, but not right in front of the door and we think we have -- we have gotten to that happy medium in our proposed standards for the location of those. The next proposed change has to do with car parks for multi- family projects -- Hoaglun: Madam Mayor? Caleb? De Weerd: Uh-huh. Hoaglun: Before we move on I want to back up to bike -- bicycle parking. Hood: Sure. Hoaglun: I want to -- number five, that addition that a bicycle parking facility is abutting a structure and the landscape and shall be installed and maintained a minimum clearance of three feet. So, where ever it's put it's going to be three feet away from a tree or something like that, that part about abutting astructure -- and the reason I ask this -- right next to where I work downtown the Ten Barrel Brew Company has opened and they kind of have a novel bike approach, it meets the height requirements, but it is actually attached to their building in a long pipe, tube, and it's -- and there is a ton of bikes -- I mean they are parked boom, boom, boom, boom, boom -- well, you're not three feet from that structure. I mean it's right up against it and I looked at it and since it's along the sidewalk it actually works well, because the height of the bikes are going parallel to the building, allows access, they aren't sticking out, the biker is parked -- you know, they aren't spread out, they are actually, you know, front wheel can go in behind the rear wheel and it works out pretty well. So, when I read that I go, um, are we prohibiting something that might be a novel approach for -- for some of our parking of bikes along sidewalks. So, something to think about there. Meridian City Council April 23, 2013 Page 26 of 57 Hood: And certainly is and if we can just maybe schmooze that out and see if maybe there is a clarification there. Certainly the intent was we didn't want it right up against the building and, then, you .aren't able to get your bike into to actually park it next to the rack. We wanted some clearance of your front or rear tire, so you can actually get your frame next to the rack, so three feet separation so you can have the middle of your bike there. That's the intent. I don't think we thought about it being perpendicular with the building, because that certainly -- then if you ran it parallel with the sidewalk that issue isn't there. So, maybe we can clarify this, that when you're running them -- again, when you're parking your bike perpendicular to the building face you need three feet of clearance, but if you have your rack that comes out in a tube or whatever from the building and you're still allowing them to -- cyclists to park their bikes there -- I don't know what that clarification is, except for maybe we could add -- maybe that is it. Where a bike rack is parallel to the face of a structure or something like that. Hoaglun: Yeah. It's one of those things I had not seen before and when I saw it I went, oh, that's -- that's a novel approach and it seems to work, so just something to think about in number five, if you want to move it forward on the -- Hood: And we can -- I guess I will just know it is code and we are charged with enforcing this. However, the intent certainly is when we get someone that does something outside the box and meets the intent of the code, I think we have some wiggle room there and we did try to leave it where we do have some standards, but we didn't want to have -- we didn't -- and some of the recommendation was have them build that rack or have them build one of these three racks and, well, we don't want to do that, we want to leave their -- you know, if they want to make it a piece of art and yet also functional, that's fine, but we wanted to have some minimum standards in place. So, we -- except for that one you just called us out on, we thought we did a pretty good job coming up with something that would make everyone happy, but, yeah, maybe we can circle back to that if anyone has any comments on either way, seeing that up or, again, our interpretation of that would potentially allow us to move forward with that allowance. One of the big ones that we had talked about at staff level and heard a lot from the development team is our requirement to have two covered car parks in two and three bedroom multi-family units. What we -- what we found is that we were getting a lot of push back from multi-family developers. In fact, I have two letters that are in support of our proposed text amendment this evening regarding this section of the ZOA. There is a couple of reasons that they list and maybe if I just real quick -- so, Matt Swain from Perry and Associates provided a letter and the architect's office John Price provided the other one, although they are just a sampling of some of the comments we have received from architects and developers on this issue. The first one that we heard over and over again -- I think staff has even pointed this out to you in the past -- is they take away carports particularly, garages maybe not so much, but carports and garages to a certain extent detract from the esthetics of the building. There is a lose of investment going into a building and our current requirements require two car parks for two and three bedroom units being in this enclosed carport or enclosed garage or a covered carport. So, in talking with some of these developers and, again, looking at other Meridian City Council April 23, 2013 Page 27 of 57 standards throughout the United States, we thought paring that back to still having two car parks required for two and three bedroom units, but only requiring that one of those two be in a carport or garage and the other one could be a surface parking stall, allow some view corridors into projects, you can actually see the architectural design of the buildings and/or landscape -- you know, there are view corridors that maybe can be maintained. The other thing that we heard from -- from at least one of these architects is -- and I would have to somewhat disagree with one of these architects -- they do tend to work better in parts of the country where you have extremely hot and extremely cold temperatures, which we do sometimes. I mean this winter if I were parked outside during the wintertime you either have to go out early and start your car ten minutes early and scrape your windows or keep it in the garage and so for a lot of these -- a lot of people in apartments they don't have the ability to -- to park indoors and so one of the comments is that's really not an issue in this area. Again, I don't know that I necessarily buy that side of the argument so much, but functionally we think having one out of the two, that still allows a primary vehicle and a residents to be parked in some either secured or enclosed or covered structure and a secondary car for a teenager or spouse or whatever would still need to -- there would still be a spot for it, but it may or may not be covered. So, that is the -- the proposal we had. Again, that's basically -- I won't say a battle, but it's definitely a discussion we have with -- across the board with all the developers and architects about our current standards and it being pretty heavy handed. So, we have set that back half of a step, didn't really change the number of car parks, but we did change our allowances to at least allow one of them to be a surface -- and Iwill -- again, that's a minimum. If they want to still provide both of them in a garage or carport, certainly we would consider that in changing the minimum. So, I don't know if anyone has any comments on that point, but that was a pretty big one that we heard from the development team. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment -- and, actually, your assessment matches my comment. was on the committee that put that provision into the UDC and our discussion was along the lines of safety for the motoring public. Sometimes people don't go to the effort to clean the snow and ice off of their windows before they jump in their car and get on the public roads and I occasionally see cars driving around where I wonder how the drivers can see where they are going and certainly feel they are unsafe to themselves and for me as they are driving around. So, that was the discussion that got the carports as a minimum into the original UDC. I have no problem with the discussion of whether it's one primary car or both of their cars or whatever, but you did -- you did make the point that the committee made when we made that a requirement. De Weerd: Okay. Thank you. Zaremba: Thanks. Meridian City Council April 23, 2013 Page 28 of 57 Hood: So, moving onto the next proposed change. This one has to do with sound attenuation walls for self storage facilities. We have had some difficulty in having a developer prove or do the engineering that the sound wall actually does attenuate the sound, so rather than going to this expense and effort to have a wall, which probably doesn't do what it's intended to do, a lot of times you will get reverberation off the wall and off the building and it goes back over the fence you were trying to avoid the noise from going over in the first place or for the self storage facilities they are pretty low impact, so the noise typically is, you know, during business hours, weekends, those types of things and it's -- you know, you hear roll-up doors occasionally and some cars, but it's not overly noisy. So, we think with some fencing and landscaping we can, essentially, provide some of that buffering and necessary mitigation for adjacent residential uses without this requirement for a sound wall being put there. Again, it probably doesn't -- in theory it sounds good, but in practice I don't think they work in this particular instance, so -- and, again, it was a big thing of having them prove up this sound wall that does that and we don't have any standards that say -- and, then, on the other side of this wall what's the measurement for sound. Is it absolutely zero sound on the other side of the wall? So, without getting into a lot of details of what the wall has to do -- a sound attenuation wall doesn't really mean a lot. So, again, we are just proposing some dense landscaping and fencing to -- to meet the intent of that. So, I see some looks on some faces, so maybe I will pause there and see if there is comments or concerns about that proposed change. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I was curious. The setback for the building to the property line is ten feet from -- if you were to put a storage unit on the back side -- for some reason I think it's ten feet to the property line; is that right? Hood: So, Madam Mayor, Councilman Hoaglun, it's going to vary by zoning district. In residential districts that's going to be the -- Hoaglun: That's right. That's -- Hood: A lot of these are in commercial districts and so you're looking at a 25 foot separation if they are in a commercial district to any residential districts and that would be more of a shed. This would be more a storage unit complex I mean kind of what this -- aself-storage facility is, so that would be more a for profit type thing and a separation there. And, typically, they are going to be designed where they are going to have a drive aisle there with roll up doors, so, you know, you're 60 feet from a property line, so with your landscape buffer, your drive aisle, and, then, face of a roll up door or multiple roll-up doors -- Hoaglun: Here is where I'm going with it, though. You flip that, you have the property line, you have the landscaped area, you have the back of the storage unit, the storage Meridian City Council April 23, 2013 Page 29 of 57 unit itself and the drive aisle is located on the other side of the -- and we are going to require a 25 foot -- in that scenario a 25 foot landscape buffer -- if you were at ten feet or less, there is not going to be much sound from that side, because the whole -- and where I'm thinking of is, this particular storage unit I was helping afriend -- it abuts residential, but it's in the county, so I didn't care. No. But there is, you know, very low -- I'm sure there is sound, but I didn't know if -- it depends on the design if that -- or if we -- it's hard to -- hard to draw those all out. You got to make something fit, I guess. Hood: And, Madam Mayor, we were -- we were trying to accommodate for the worst case scenario here. We do have that drive aisle and roll-up doors facing the residential. Certainly most of them do have, like you're talking about, it's internal it's two sided and access to the units and they don't have the perimeter drive aisle, but that is a design choice and depending on the size of a property they could potentially have a drive aisle there. But, again, even then most of them aren't too -- they aren't as bad of a neighbor as some of our other commercial users can be, so we think this, in most all instances, should provide enough of a -- without going over the top, provide enough of a separation in those uses. Hoaglun: And if I'm in the residential area -- portion of it, having a 25 foot landscape buffer certainly looks better, even if it's no concern about the sound, it makes it look better, so -- De Weerd: Any other questions from Council on that? Bird: I have none. De Weerd: Okay. Caleb. Hood: This is my last proposed change, but it's a biggie, at least in our discussion. We probably spend more time on this one as staff and developers and any of the other ones probably combined, although the bike rack is one we spent some energy on as well. This one has to do with -- I'm sorry, I have two. The first one has to do with daycare facilities and conditional use permits being transferrable from one proprietor to another, not taking your daycare license and moving it somewhere else, but someone else coming into that same location where a CUP was approved previously and you operating that existing daycare and allowing that. Currently our code conflicts. One section it says CUPS are transferrable from one owner to another and, then, in the very bottom it says change in ownership of a daycare facility requires a new CUP application, which didn't make any sense to us. It's the same business, just a new operator. So, they will still have to do all the background checks and all that to do -- to operate that business, but going through the CUP process, the planning side of things, didn't make any sense. So, we are just proposing to allow someone to buy that business or transfer that ownership of the CUP rights for daycares. So,~ I apologize had that one as well. The bigger one was a block face -- the maximum block face length. This was one where measurement and interpretation and application was a little bit -- we were a little bit inconsistent I guess I probably should say in the way we were Meridian City Council April 23, 2013 Page 30 of 57 applying the code. So, what we came up with is, essentially, a hybrid between what we had on the books about two years ago and what's on the books now in the UDC for maximum block length. What we proposed does reinforce our current standard of a maximum 750 foot block face length, but it does allow special provisions that would break up that block face. So, pedestrian pathways are open space -- excuse me -- other provisions like a 90 degree turn when you also provide some pedestrian connectivity can constitute a break in block face and we did cap that at 1,200 feet maximum. I do have one comment from Becky McKay on that and that's a concern of hers -- although I cannot think of one instance in the city, one piece of property today where with this standard you couldn't develop the property because of our max -- proposed standard to use a maximum block face of 1,200 feet, again, because you can do a 90 degree turn in a roadway and constitute a block face length -- maybe I should just pause. I mean a lot of the -- there is really two folds for our maximum block face standards. One is connectivity for vehicular -- for vehicles and pedestrians and that's -- that's probably a bigger one than most people get caught up on. The other one that we look at is really traffic safety and having these long, straight roads where even though it's posted 25, people are going 40 in residential neighborhoods. So, this allows turns in those or intersections where people -- drivers tend to slow down regardless of what the speed is posted. So, having that maximum block length means that you're going to have either intersections you're constantly going through and, again, you tend to slow down and look both ways or pedestrian crossing or turns in the roadway and, again, those curvilinear people tend to slow down. So, that's really the intent behind the code. That being said, we did -- we did have some allowances in here where you can go up to a thousand feet if you break up a block with like a mid block pedestrian micro path and, then, up to 1,200 feet in length when you're abutting like railroad tracks or a canal and it's really not feasible or practical to get either a roadway or a pedestrian crossing across. You can go up to over a quarter mile. And, again, looking at citywide I cannot think of an instance where this proposed standard would preclude anyone from developing the property or even developing it efficiently for that matter. You can -- you can bring in cul-de-sacs and connect those together with micro pathways and still have some pedestrian connectivity. Anyway, there is some design things that one can do on all properties. So, while I appreciate Becky's comment, I think we can get there within the confines of the proposed text and I think we did some work on this and I'm pretty proud of actually our solution to this issue and with that, Madam Mayor, Members of the Council, I would stand for any questions you may have. De Weerd: Council, any questions at this point? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: This last one, Caleb, just thinking through this, that 90 degree turn in the roadway I guess if -- if Heron Ridge Estates that we just approved as a preliminary plat -- annexation and preliminary plat, that had been a third of a mile through that gully, valley, canyon, whatever you want to call it, then, they could have broken that up with Meridian City Council April 23, 2013 Page 31 of 57 that 90 degree turn and met the requirement? Because, otherwise, you're not -- you don't -- pedestrian access isn't an issue, I mean you couldn't provide that, different things like that. I mean that's aminor -- I mean just one example. I'm just thinking as we move south -- as the city moves south we do get into some hills, so it's -- the topography definitely has an impact on -- on things, on how they are laid out, so -- besides, engineers and designers, they want -- they just -- they are tired of doing cookie cutter stuff, they want to do the exciting stuff now; right? So -- you want some challenges. But would that work, if that was the situation at Heron Ridge, a 90 degree turn? Hood: Yeah. Madam Mayor, Councilman Hoaglun, I do think -- I mean if you didn't have that collector roadway going through there, you couldn't even tie the -- again, the cul-de-sacs in that situation basically across Basco Lane. And so you still allow a pedestrian crossing there and you would have -- it's hard without having it on the map. Yeah. A 90 degree turn constitutes a break in that block face. The thing we are going to be looking at -- and, again, it's case by case, is is this appropriate or not. Is 90 degrees the right solution for that problem or not. This just says you can do it. Staff still has the leeway to say, well, what about if you did this or with their design professional kind of work through and see if it's the best design possible. So, it's -- the 90 degree thing just allows an out. If there is no other way -- if you're -- if you have got a mile along the railroad tracks and there is nothing else you can do, you can at least do a 90 degree turn and continue on for another quarter mile and drop it down 90 degrees and -- at least that provides some break and you're not just a mile straight parallel with the railroad corridor. So, that's -- I'm not saying that's the greatest design, either but that at least allows the flexibility when there is no opportunities to go south, east, north or west with other properties, so -- Hoaglun: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the same subject and since it was Ms. McKay that -- that brought up this one opposing subject, I'm remembering a project that she brought in and the issue was that we measured the block length in some manner that actually incorporated three sides of a block. It had something to do with -- we started counting if there was an intersecting roadway or something like that. So, I understand her issue and I agree that if say if there is a 90 degree turn that stops the -- that stops the measurement and that would have solved the problem that she had in the one that I'm remembering, because you were only measuring one face and not three sides of the block until we ran into something else that we were measuring from. So, I think the 90 degree solves that. My second comment would be where this would come up is on a preliminary plat, I think, and a final plat and in general if you needed a variance you could apply for almost anything on a preliminary plat -- what I'm saying is I don't think we need to add those Meridian City Council April 23, 2013 Page 32 of 57 words, because it -- I'm not saying you'd get it, but you can apply or do we exclude even applications on some things? Hood: Yeah. Madam Mayor, Councilman Zaremba, yes, we do not -- and that's where I said at the very beginning of this section of the discussion, we have been fairly inconsistent in our application and even enforcement of this. I do believe we have processed variances for block lengths before, but state law doesn't say a variance is the right tool to get there. Our code also doesn't -- a variance is not the right avenue to get a waiver or a variance to your block length requirements. The code is the code. This isn't one of those things like a setback or the height of a building or something that you can ask for a variance to. So, even if we added it to this section we'd have to go into our variance section and I would defer to Mr. Nary and see how consistent that is with state code even on what you can apply for a variance for. State access to a roadway or something, you can ask for a variance to. Block length is not one of those, so -- at least not currently. But -- and if I can just on your flip point, the pods, I mean that's the common -- that's what they call those where it comes in off a collector and does like a lollipop around and comes back out. Yes, our block face is measured from an intersection, but the 90 degree turn helps that, so you can still do that pod concept in this code. Again, as staff we are still going to be looking at those going is there -- do we still need some connectivity, though. Is that still appropriate. Yeah, for the block length maximums you might be there, but is it still a good design. I mean how big is your pod and how would someone get to the adjacent pod -- how far do they have to drive out of their way -- that's a separate section of our code. This just deals with, again, primarily those two things I pointed out earlier, the long, straight stretches of roadway and interconnectivity, so -- and pedestrian interconnectivity, too, with multi -- with -- or our pathways -- our regular pathways. So, you know, you got a variance if you want to talk about that some more. I don't think it's appropriate to add that in here, again, because it conflicts, but -- Zaremba: Okay. Now, I -- Hood: -- that was a comment. Zaremba: -- I wasn't intending to open a whole new avenue of legal and stuff like that and I think in the issue that we have in front of us, I think establishing the 90 degree turn is where we stop measuring anyhow, so -- appreciate your work on that. Everybody's work on it. De Weerd: Okay. Anything further, Caleb? Hood: If I may, just pick up on Councilman Zaremba's comment, I do want to thank staff and, again, the development community that helps us come up -- make our code even better than it is now and -- I know it's ever changing and we get called on some things all the time, but I do appreciate people that -- that submitted support letters or comment letters to this effect and worked with us on coming up with these standards. So, other than that, Madam Mayor, no. Thank you. Meridian City Council April 23, 2013 Page 33 of 57 De Weerd: Okay. Thank you. Council, any questions at this point? Bird: I have none. Rountree: I have none. De Weerd: This is a public hearing. Is there any testimony on this item? Stanfield: I'm here at the right place at the right time. De Weerd: Absolutely. Stanfield: Scott Stanfield, Mason Stanfield Engineering. 826 Nampa, Idaho. 826 3rd Street South, Nampa, Idaho. I want to go to the carport issue real quick. I have done a lot of apartment complexes, multi-family in the valley, and the carports are creating an issue with your public works departments water and sewer easements. Because you can imagine on the drive aisle side we have our utilities in there and the sewer easements are X many feet beyond the sewer line and happens to be below the carports. So, public works is, you know, waving, well, we can't have the carport inside the easement, well, then, we are short on the carports, because of the requirement I can't make my drive aisle 20 feet wider, so I have a lot of asphalt. So, I welcome that decreased carport. It allows you to cluster them and decreases the impact to public works. De Weerd: Thank you. Any questions from Council? Bird: I have none. Rountree: Not at this point. De Weerd: Okay. Thank you. Hood: Madam Mayor, if I can, just -- thank you, Scott, for that comment. Not only is it public works, it's also fire has some similar concerns about access to the fronts of buildings and typically what we are getting is structures in front of those buildings and they need access as well. So, I failed to mention that in my presentation. It was in my notes, but I'm sorry I failed to mention that in my verbal, but both public works, their service lines, and fire for access also support this amendment, so -- De Weerd: Thank you. Any further testimony? Wow, it's pretty impressive. Rountree: Good job. De Weerd: Council, any questions for staff? Meridian City Council April 23, 2013 Page 34 of 57 Bird: I have none. De Weerd: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: No further public testimony, I move that we close the public hearing on Item 8-F. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor, before we make a motion, I wanted to find out from Caleb -- Caleb, under that bicycle thing is there some language that we can come up with on the fly that kind of covers that -- that deal? Not that anybody in Meridian might be utilizing that right away, but there might be and it seemed to work out slick and I don't .know if there is something -- or if it's something we could just address later when the time comes, but if there is -- I think you understood what -- what the issue was and so I don't know if there is something we can come up with that kind of makes that -- makes that fit. Hood: Madam Mayor, I apologize, I wasn't able to think on the fly and give my presentation, too, so, you know, again, I think that -- unless perpendicular from a building -- we can put that in there or we could even get unless otherwise approved by staff or something like that even in there. That gives us some flexibility to -- to look at that and that may be a little too much flexibility, but it still allows us to work with them and at least the intent of that is still there and we can work with them on -- on meeting that to make sure we can get the bikes in there to actually park them. Hoaglun: Right. And, Madam Mayor, I was trying to play around with that -- unless bike parking facility is affixed to the building and allows parking parallel to the building, something like that. Just something that gives that description that there is another way to do this, but if you do it this way we will probably allow you to do it, so -- something along those lines. But I'm not -- I'm just a city councilman, 1 don't do planning and zoning stuff like every day. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council April 23, 2013 Page 35 of 57 Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, we have to bring it back in the final form, so we do have another shot at maybe some wordsmithing of that and I do think we are talking -- I think it's really just trying to figure out if we -- if adjacent gets us there, if abutting or perpendicular is more appropriate and it's kind of the same as Caleb, (think -- I think this probably -- is probably one or two words or if it's up to me 12 or 14 words that will fit in there just fine and make it make sense. But I think -- we get one more crack before we bring it back to you and we will make sure we point it out when we do. Bird: We are not going to vote on the final now anyway, but -- Hoaglun: Okay. That will be good and I'm glad we don't pay Mr. Nary by the word. Bird: We would be in trouble. De Weerd: Anything further from Council? Bird: I have nothing. Rountree: Madam Mayor, is a motion to be made to move it forward? I so move. Bird: Second. Rountree: With the clarification on the bicycle item point five point whatever. De Weerd: Okay. Any discussion on the motion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department eorts ayor°s ice: esolution o. 1®920: poining rin Schreiner to eat of the eriian Arts Commission De Weerd: I don't think I needed a roll call on that, but just thought I'd do it anyway. Item 9-A is Resolution 13-920. Council, the chair of the Meridian Arts Commission and I conducted interviews of the interested applicants and in front of you is -- is certainly my honor to bring you Brian's consideration -- name in consideration for Seat 4. He has been volunteering and participating on a regular basis on the Meridian Art Commission. Certainly would be a valuable asset to the Commission. He has a strong interest and certainly has already exhibited his dedication. So, I would ask if you have any questions. If not, I would appreciate a motion on this appointment. Meridian City Council April 23, 2013 Page 36 of 57 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Let's see, Brian has been involved with the Meridian Arts Commission and I'd like to make a motion that we approve Resolution 13-920 appointing Brian Schreiner to Seat 4 of the Meridian Arts Commission. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Donation o ire epartment (tams o Idaho Youth anch C. Resolution IVo. 13-921: esolution Authorizing the ontion of Household Items o the Idaho Youth anch De Weerd: Item No. 9-B is under our fire department, so I will turn this over to chief. Palmer: Thank you, Madam Mayor and Council. We recently replaced the mattresses and box springs that were due for replacement at two of our stations and we are recommending that we donate those to the Youth Ranch. De Weerd: And I don't want any jokes about mattress backs or anything like that. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You want to do the resolution now or am I ahead of you? I'm ahead of you. De Weerd: You're ahead of me. If there is nothing further certainly you can. Bird: I move that we approve Resolution No. 13-921. Zaremba: Second. Meridian City Council April 23, 2013 Page 37 of 57 De Weerd: I have a motion and a second to approve Item 9-C. If there is no questions from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. . arks and Recreation eprtment: Fiscal Year 2013 uge endment Regarding Generations lz ter Feature emoel fora of-to- xceed Amount o $14,500.00 De Weerd: Item No. 9-D is our Parks and Recreation Department. Mike. Barton: Madam Mayor, Members of the Council, the -- we have a budget amendment before you for approval and it's to deal with the -- the downtown fountain in Generations Plaza. When the fountain was originally installed it was intended for a -- as a decorative feature and as the downtown areas become more active with people during the summer months it's become a recreational water feature. The current sanitation in that fountain will kill most organisms that -- it has a chlorine eroder, but it will not kill Cryptosporidium and over the last couple of years, as I'm sure you're well aware, we have had outbreaks in the valley and we have placed signage in the plaza to deter people from using that water for recreational purposes and -- and every day we still see a lot of people using it. So, the budget amendment that we have before you will pay for the initial design and a statement of probable cost to see what it will take to get that -- that water feature up to a safe standard. Our proposal will be to remove all the components out of a vault there that staff has to enter to perform service. We will add a chlorine generation unit, better filtration and ultraviolet light, which will kill Cryptosporidium. So, with that I will stand for questions. De Weerd: Thank you, Mike. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor, just ask our legal counsel is this what they refer to as an attractive nuisance? Nary: Madam Mayor, Members of the Council, definitely it is an attractive nuisance. I mean recreational immunity does apply in all of our park facilities for people using any of our facilities for their intended purpose, but it does seem to make sense to make sure it's at least as reasonably safe as possible for the public. Hoaglun: Thank you. De Weerd: Okay. If there is no questions from Mike, I would entertain a motion. Meridian City Council April 23, 2013 Page 38 of 57 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the 2013 budge amendment regarding Generations Plaza water feature remodel, for a not to exceed amount of 14,500 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-D. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Public orks: City Hall Water Feature Update De Weerd: Item 9-E is under our Public Works. I see, Max, you're up. You call that a prop. All exited to hear about this. Jensen: Madam Mayor and Members of the Council, I stand before you tonight here to provide you an update on the City Hall water feature progress.. As you can see, we have -- we have got the planting feature and we having been looking at planting -- all the plantings and everything and we started to dig into the -- the weir that the water actually comes out and collects into the pools and when we started removing the brick where the weirs were there was -- there was water that kind of gushed out from the parts that broke, so we continued on taking that apart, but there was water trapped behind that brick. The more that we -- we looked into it, the -- the weir basin, as the original plan shows, it's supposed to be cast into concrete and the weir basins were not cast into concrete, they were -- there was a block out in the concrete where the weir basins were going to be, so that created a potential water collection, the penetration water, and also in the concrete. Those weir basins were also held in place with post- installed noncoated metal angles. The weir basin was also supposed to be made of aluminum with welded joints to prevent leaks. As you can tell, this is not aluminum. These are pieces of -- De Weerd: It looks like a rain gutter. Jensen: Yeah. These -- these are pieces of material that's very similar to a rain gutter. And joints here and calking are every joint and connection to prevent the water from leaking out, but calk only lasted so long. So, the water leaked through these apparatuses, also to the pipe that was cast in the concrete. The uncoated metal clips Meridian City Council April 23, 2013 Page 39 of 57 that were holding this up as you can tell rotted off, eventually, it's not caught and that rust is going to start coming out the front wall. So, staining the concrete on the front. So, the piping to the rear basin, which is supposed to also be cast in concrete, there was supposed to be one piece of pipe coming up with a threaded connection that comes out into the same steel weir. The pipe and the fitting vary some with what the plans call out. The last piece between the pump and the pipe to the weir basin is a flexible rubber material, as you can tell, so it's flexible. The pipe that's in the concrete is rigid, so when you take rigid and you glue it with a rubber material. Over time shrinking and expansion pulls these and it breaks apart. So, part of the issue was with that joint. Nor can we verify the -- the water stop that was supposed to be installed with that pipe that's in the concrete because of the fact that's cast in concrete, so the water stop is supposed to prevent the water from coming up the pipe at the connection and there is no way to verify that at this point, because it's cast in concrete. So, it was very apparent that water was collecting in the weir basins from the -- from the joints from the construction, from the different materials that were glued together that were all supposed to be one piece, so that's why things are on hold out there currently and we are moving forward to address these unforeseen items. We are going re-pipe the weir basins. Bring this pipe on the outside of the wall, up against the wall, and penetrate it back through the wall where the existing weir basins are, due to the fact that we don't have -- we don't know the conditions of the pipe that are actually installed in concrete. All the connections are improper as well. And using the new materials is one less worry about leaks. The re-piping on the outside of the wall will have a formed metal rigid material around them, similar to appearance of a -- a ten by ten inch column the length of the pipe. So, that would come up to about this tall up on the outside face of the wall. Where this is going to occur also is a -- the location of the benches. So, that also will be nice also, because that column will extend about 18 inches above the bench. So, most of it is going to be behind the bench. So, once again, this will only protrude ten inches out from the wall. We will have the -- the weir basins fabricated and connected properly to the new piping. In the end we will come back and fill the void around the weir to prevent the potential of water collections and penetrations. Portions of the additional unanticipated work, as well as any future unknowns is difficult to predict for existing conditions and may need to be updated as we progress through this process. The additional work described to you tonight may range in the 20 to 30 thousand dollars and may cause a six week delay before completion of this project, because of the fact that we have to get on the fabricator's schedule now to construct these, not knowing exactly how much of a load that they have it could potentially be delayed by six weeks. We were looking at being completed by the first week of June. This would put it out to mid August. Once, again, that depends on the fabricator's schedule. De Weerd: Thank you, Max. I have just all kinds of comments that I could probably say, but our attorney might get after me. I would like to know can we mail this to someone. Nary: You certainly can. Meridian City Council April 23, 2013 Page 40 of 57 Jensen: I think Bill said he had a water feature he was going to create in his backyard and he wanted to use this. Nary: My model for the backyard. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: What are we going to -- are we going to have ten vendors fabricate this out of aluminum? Who is -- what trade is going to do it? Jensen: Well, we will put it out to bid. I mean we could get -- Bird: It will be -- I mean, man, I think we could get it within six weeks. This is getting -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: If we -- this delay as you mentioned, we have our first Concert On Broadway coming up June -- De Weerd: 22nd. Hoaglun: -- 22nd. Something like that. Somewhere in there. 22nd I think it is. You're right, Madam Mayor. So, as I understand, that water feature won't be operational, which is fine, because you turn it off when you have that, but it's not going to be a construction zone, is it? Because, you know, we will have a lot of people on the plaza and it will be something that will be safe? Jensen: It, basically, won't look like -- it won't look like a construction zone. It's basically called out at the point that it is right now because of the fact that we have to get these back installed. We are not certain as far as what the design actually is going to entail to do all the piping work. It's scheduled here to get these back installed, fill it up and, then, put a barrier until these are in and the brick around it is laid, so we will come back two or three different times and if the color is not matching, the texture is not matching like they do it all at the same time. Hoaglun: Okay. Thank you just for consideration. Keep in mind June 22nd is the first Concert On Broadway, so just want to make sure it's not -- you guys are -- if it's like it is now I don't think that should be a problem. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council April 23, 2013 Page 41 of 57 Zaremba: Two questions. The first -- I'm not sure I was following the discussion about the pipe that will now need to be outside of the concrete structure. Jensen: Correct. Zaremba: Is that going to be on the front or what I would call the visible or is it going to be on the back where the planters are? Jensen: It will be on the backside, so as you exit these doors that wall -- that back wall face is where that would be. De Weerd: The visible side. The visible side. Zaremba: You will see -- De Weerd: Yes. Bird: But it will look nice. It will look like a column. Jensen: They will be capped off just like the columns. It will be the same color as the wall. Blend in. It will look just like a column. Zaremba: I appreciate that. Jensen: So, most of it's going to be hidden by the benches that are just right there as well, so -- Zaremba: Thank you. Second subject. I don't know if I can volunteer him, but it would be worth asking. Our parks department has a very creative metal fabricator. De Weerd: Maybe not as creative as this. Zaremba: Well, yeah, not as -- De Weerd: He might do it right. Bird: Don't even go there. Zaremba: But I just wonder if it might be worth asking if -- if he might be able to do something quicker than somebody else could or if it's even possible. Maybe Mike can shed some light on that. Barton: Madam Mayor, Councilman Zaremba, we currently -- we don't have the ability to weld aluminum at this time. Meridian City Council April 23, 2013 Page 42 of 57 Zaremba: All right. Thank you. Hoaglun: But the governor took lessons. Maybe we could ask him. No. I guess not. De Weerd: At this point we can only laugh. I mean -- Nary: But there are four of those, Madam Mayor -- you have off line four addresses to get of those, you can certainly do that. De Weerd: I'd say one at the district level and how many? Rountree: Five. At the -- any further questions from Council? Bird: Let's get her going. De Weerd: Thank you for that wonderful update. We will not kill the messenger. Jensen: I appreciate that. Thank you for your time. Bird: Take your part with you. Zaremba: Thank you for the visual aid. Bird: Maybe we can use that as one of the yard pieces over here or something. Community evelopen: i cussion Regarding Placement of Final Plats on the City Council ~4genda De Weerd: Okay. 9-F under our Community Development Department. Hood: Love to follow this one -- that one up with this report. Madam Mayor, we have had some requests from some of the development community. In fact, one of them is still hanging out with us. Mike Wardle is still here. He has asked us to look at the consent agenda for -- specifically for final plats, although I have explored with Jonathan Seal at least having the dialogue of maybe other potential projects that are -- that might be good candidates for a consent agenda that aren't final plats. So, what we are asking you tonight is to consider maybe having a consent agenda for final plats in which the staff and applicant are in agreement with the staff report and the conditions of approval. It would help facilitate some of your meetings where staff is giving a presentation on something you have already approved at the preliminary plat stage, the conditions of approval are really just reiterating the applicable conditions from your preliminary plat and I don't have a percentage, but nine times out of ten there aren't any issues, yet we still go to the effort of giving a staff report, the applicant coming up or at least nodding in the audience saying I agree with the staff report, even though we may have something in writing from them already saying they agree with the staff report and have no issues. So, we have had the request. Sometimes they can sit through proclamations and other Meridian City Council April 23, 2013 Page 43 of 57 things here and it gets to be late in the night. We would still advise them to come to those meetings when their applications are on a consent agenda if we go this way, just in case the Council has questions and wants to talk to them or maybe someone from the public is here and questions need to be -- need to be asked and answered. But we would like to explore this as at least the city of Boise as been somewhat of a model in this regard and use it in a similar way, although I understand they do it for other types of projects, too, where applicants and staff are on the same page. But, again, I would request that we explore a consent agenda for final plat. I don't recall having this discussion with you before, but we had been getting new requests again to -- as our agendas become longer and we see more development activity the request has been made by a couple of different parties at least to see if the Council wouldn't be agreeable to considering a consent agenda for final plats and probably pause there and see what comments you may have and, then, if you're -- you think it's maybe a go I would explain a little more details on how that would work. De Weerd: Thank you, Caleb. You know -- and, Mike, it really is a ruse to get more people attending those City Council meetings, so -- Council, any questions? Rountree: I don't have any questions, Madam Mayor. I think it's a good idea. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do think it's a great idea. The -- the piece that I usually listen for in the presentation about final plats is this is significantly the same as the preliminary plat and I guess the only question that raises, if it's significantly the same, then, staff would put it on the consent agenda, is there some level that you have in mind of where it's not significantly the same that it -- that it would be on the agenda, but not the consent? What's your concept of where that dividing line is? Hood: Yeah. Madam Mayor -- so, if I can, since just a couple of you seem to like this idea, what we would do is give what I would propose to our staff is we move up our deadlines for having our staff reports finalized and over to the applicant to give them two business days to review the staff report and comment back to us. That would correspond, then, with the clerk's deadline to set the Friday -- Friday agenda, so they can go out the door. So, basically, close of business on Tuesday we would have staff reports to the applicant, ask them to respond back to us by close of business on Thursday. If we don't hear from them or if they have issues, if it's not in substantial compliance or they have issues or we don't hear back from them, we will put it as a regular agenda item. Now, we may hear back from them in between Friday and Tuesday and we can -- but we will still give a little staff report and say we just didn't hear back from the applicant, staff and the applicant are in agreement or we heard back and these are the issues with the project, but the only way it lands on the consent agenda, if, in fact, staff and the applicant consent by the time it goes to print. That's how we would propose this work. Our hopes would be is that it lands on -- and, again, the two parties Meridian City Council April 23, 2013 Page 44 of 57 that I talked to -- Jonathan Seal was the other one that I talked to and Mike Wardle -- both committed to have 48 hours is typically more than enough time for them and seemed reasonable to get the staff report and respond. But if by chance they respond and -- you know, that same day and they re-read it over the weekend and they say, oh, didn't read that one right, oops, they are requiring this, there is still an opportunity to come on Tuesday night and say I want that off the Consent Agenda, I need to talk to you about a condition. So, there is still that opportunity to go through that or if Council has a question or concern we can certainly pull it off. But, again, 90 percent of them I think we will be able to get through on a consent agenda. That's how I would at least like to pilot this and see how it works. There may be some other way that works better as we get into this and say, you know, we need to tweak this or let's put them all on the consent agenda and we only take them off if -- I don't know. But this seems to be the best way. So, I hope that answers your question. It doesn't -- just to be clear, it doesn't get even scheduled for a recommendation for approval if it's not consistent with the preliminary plat. Staff has to make the finding that it substantially complies with the layout from the preliminary plat or there is going to be issues and it would not be on a consent agenda, so -- Zaremba: That's confirmation enough for me. Thanks. De Weerd: Any other questions from Council? Bird: I have none. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, one other -- one other thought to consider is that there are circumstances occasionally -- and I'm glad the way Caleb phrased it -- that people might not get back to the staff as quickly as they should, but I think it needs to be at least at the outset for the staff to strongly encourage the folks that need to respond timely, so that we can set the agendas appropriately and not to wait until Monday or Tuesday thinking, well, I will just come and ask you to move it to the consent agenda on Tuesday. That will -- that really gums up how the meeting is set to go and so we recognize that there are certain occasions where it may make sense, even though it's set on a regular agenda, to move it to consent on a rare occasion, but at least -- I think once people understand that they just need to be timely and we can -- we can accommodate the consent request, I think it will probably flow fairly normally all the time. But I just wanted to bring that up, because sometimes when we agree to move things to the consent agenda sometimes we have had people sort of wait until the last minute thinking we will just do it for them all the time and that would really make it more cumbersome for all of you, as well as for the staff. So, just something to make sure you're aware of up front. Meridian City Council April 23, 2013 Page 45 of 57 De Weerd: I think if -- if it sounds like it's fair to get the two days. If they don't it's on the regular agenda. Nary: Sounds good. De Weerd: Any other comments from Council? Any comments from those who waited for this item? Wardle: Madam Mayor, Council, Mike Wardle with Brighton. This came up recently, simply because staff was concerned about loading up your agendas. We had the seventh phase of our Spurwing project and the fourth phase of Messina that we submitted on the 3rd of April with anticipation in communication with staff that we would be heard on the 7th of May, but because of, again, staff's concern about the length of your agenda working with the clerk, it just appeared that maybe your workload was such that it ought to be delayed out to the 21st of May and you have seen lots of projects from us in particular, Brighton coming through -- our phases are smaller because of markets in the past, but they are coming quite quickly and anything -- a five week even to a seven week period starts to really cut into development and completion of projects in a timely manner, when, in fact, our lot availability is really slim now in virtually all of our projects. So, that's what kind of provoked begging the clerk is there any way that these can be held to closer to the five weeks than the seven week and, hence, the discussion. So, I appreciate the opportunity to at least bring that to your attention and it's certainly not because I don't like to come to your meetings, although I can't claim that I always pay a hundred percent attention to everything that transpires here, but it just -- it just seems prudent, frankly, for your own time of -- on things that -- and our process with staff has been perfectly described by Caleb, because we always get the staff reports, we respond and provide copies to the clerk's office as well and so virtually every application that has come through in the last several years you have something in the record that comes to you with part of the packet that says applicant agrees or in a couple of cases we didn't agree and so those were -- would be items that we would have to have a discussion. So, I just wanted to let you know kind of how it came about and how much we are -- we are really working on a lot of projects in the community. De Weerd: Well, we appreciate you bringing this suggestion and certainly I know that where we can find some better efficiencies we are very open for those. Wardle: Thank you. De Weerd: So thank you. Hoaglun: Madam Mayor? De Weerd: Any questions? Yes. Meridian City Council April 23, 2013 Page 46 of 57 Hoaglun: I did. Mike, are you going to be sticking around for the next topic or are you taking off? We are going to be discussing Council start times. Because if you feel like taking off I -- the next agenda item, so -- you know. De Weerd: Go ahead and ask. Hoaglun: You know, would it be helpful if we started at 6:00 o'clock, instead of 7:00 o'clock for Council meetings? Or is that too early? I mean what -- Wardle: Madam Mayor, Councilman Hoaglun, no, it's not too early. Interestingly enough, most of the other jurisdictions with which we deal are a little bit earlier and so when I come to Meridian's councils I have to go find a really nice place to eat dinner -- Hoaglun: So, we are going to keep it at 7:00. De Weerd: Well, you're making us jealous. Hoaglun: Thank you, Mike. That's been very helpful to us. Wardle: My apologies. So, a 6:00 o'clock meeting would, frankly, be -- would be great. De Weerd: And, then, you will get dinner on your way out; correct? Okay. Hoaglun: Thank you, Mike. Wardle: Thank you. De Weerd: Thank you. Hood: Madam Mayor? De Weerd: Yes. Hood: If I can just add one thing. I would be remiss if I -- I think I mentioned Jonathan and communicating with him, but he did send me an a-mail in support of this -- this request tonight, too. So, I just wanted to formalize that. I will probably give it to the clerk as well and she can put it in the record, but he does suggest and recommend to Council to implement consent agenda for final plats. He goes on to say noncontroversial items, he would also support that, but I just wanted to thank him on the record for responding. De Weerd: Oh, now that's an arbitrary one. Nonconflict. Any other comments from anyone? Okay. Anything further from Council? Hoaglun: Madam Mayor, those two on that side weighed in, I will weigh way that I think it's a good idea to move forward with this. Meridian City Council April 23, 2013 Page 47 of 57 Bird: I don't have any problem with it. De Weerd: Okay. Let's do it. Rountree: If there are some potential others let's maybe combine them and hammer this out together, but let's not protract it by doing that. It seems like it's something we can do in -- relatively quickly. De Weerd: We can. Bird: And, Madam Mayor, we -- if they don't have it -- if they don't have their agreement in by Thursday it's on the regular agenda. I don't care what they -- who they are or what they do and we -- we got to stick to the deadline. o Le al apartment: iscussion ouncil tart Times and City Council Duties De Weerd: Okay. That's fair. We will turn this over to Bill with the Legal Department. Nary: Madam Mayor, Members of the Council, I was asked to look at a couple of different things and Council Member Hoaglun was good to bring up the first item. As we were looking at internally as the election is approaching and the potential that we may be adding additional Council members and in addition to the fact that we are getting busier and your agendas are getting longer and many of you probably remember when the agendas went until midnight fairly regularly, we wondered if you would like to -- now I didn't bring that particular ordinance, because that's a pretty simply change, but whether or not you would like to consider moving your start times to 6:00 o'clock, rather than 7:00 o'clock, so your meetings, other than your workshop. The only other impact that could have on you is that we do a lot of Executive Sessions that we try to put on the front end of your meetings so to not have you stay even later at the end of the meeting. That may mean occasionally we will have to meet at 5:00 o'clock. We were hoping to not have so many Executive Sessions over the next couple of years, but I can't predict that and so we just wanted your feedback on that particular point and whether we should, then, bring up the ordinance changes and I will explain the little packet I just handed you to consider and my thought was to bring back a department report on the May workshop on these issues, so that we can completely vet them out and get them back in front of you in a timely manner. Do you want me to talk about the other in front of you or do you want to talk about the start times first? De Weerd: Let's go ahead and start with the starts times. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council April 23, 2013 Page 48 of 57 Zaremba: I have no problem with moving to a 6:00 o'clock start time on what has been our 7:00 o'clock meeting. You mentioned, though, working the Executive Sessions around that. Part of the reason for trying to get Executive Sessions before the meeting is not just us, but sometimes professional consultants or an attorney or somebody needs to be brought and it's pretty expensive to call them in at 11:00 o'clock at night. So, that might be the only drawback to that, but for me personally 6:00 o'clock would be fine. Nary: If I could speak to that. Rarely is there a problem on getting somebody -- an outside person to be here at whatever time we ask them to be here. I do try to coordinate that to your agenda to make sure we, you know, stagger that to make sure we don't waste their time. To be honest with you, I do tend to pick the most expensive people and have them come first, so that we can get them out the door a little quickly, but -- just depending on what it is. But we do try to make sure we manage that and schedule that, so that we don't waste their time or your time or the cost of that. De Weerd: You don't try and pick the most expensive people. That came out kind of wrong. Nary: We don't -- we try to make sure that whoever we might be paying the most to we get done with quickly -- De Weerd: You prioritize that, yeah. Nary: -- so we prioritize, yes. Sorry. Thank you, Madam Mayor. De Weerd: I think it's a general feeling that we are in favor of moving to 6:00 o'clock. Bird: It don't bother me. Rountree: I think the reason we were at 7:00 is because of some folks work status and it was a little easier to leave work at 6:00 or so when you had to work a little extra and get back to the city, but not an issue forme now. Bird: I would definitely like to the keep executive sessions before. I think there is a lot of things that you go over the agenda that you get -- you can get through the agenda faster when we get through them. We got stuff on there we don't need on there by the time Council gets back to the meeting. Nary: All right. We will make that change and, again, partly I think to answer your question, too, Council Member Rountree, we thought if we were to add new people they would know going in when the change was, what times the meetings were, so that they could plan accordingly, so -- all right. We will bring that. And so I'm just going to just briefly tell you what -- the ones that are in front of you now, so that you can look at it. You don't have to make a decision on all of them, you certain can discuss anyones you wish. The first one that's in your packet -- you have a clean copy and a red line copy is Meridian City Council April 23, 2013 Page 49 of 57 what I did. I provided both so you could see what the ultimate ordinance would look like, as well as what the red line copy looks like now. Under the qualifications to be on the City Council it is unclear in our city code or the state code that you have to live in the City of Meridian to actually be on your city council. That seems a little counter-intuitive to me and I'm sure to all of you. The state code states that they must be an elector and an elector is based on the state definition of residence where you have to reside and so that's the problem. In the city code, because it's pretty old, they never really tried to put those two together, but there are some constitutional provisions about voting in domicile and that's why Ms. Kane came up with some definitions that we are still going to work on and that's why I'd like to bring that back on the 14th to discuss it further, but we wanted to make sure it was clear that you do need to have a legal residency within the city to serve on at least this board, as well as to be the Mayor and the Mayor one is a lot clearer than the other -- than the City Council. So, that was the intent of that first one, we just want to make sure it's clear. I don't think we have ever elected anybody that I'm aware of that didn't live in the city, but we wanted to be sure we didn't have that come up in the future. Zaremba: Madam Mayor? Bird: We have taken the limits to the house so they could be on the Council back in the '70s. De Weerd: Mr. Zaremba. Zaremba: I just -- you actually said legal residence, but this does not really require that and I -- my question was going to be under definitions of domicile can we add some kind of a phrase that says it complies with our zoning ordinance or something, so that we don't have somebody who lives in a business zone residence apply? Nary: Madam Mayor, Members of the Council, that's -- that's what Ms. Kane is working on is there are a lot of 9th Circuit cases and U.S. Supreme Court cases regarding who can live where and what kind of place they have to live in to qualify to both vote and to serve and so we, obviously, want to make sure we are compliant with that. So, this is really draft language, this is the initial brush she looked at, but we want to make sure we have covered the constitutional allowances that people have to being able to vote and be consistent with the state code as well. So, again, I'm hopeful by the time we come back on the 14th to make it clearer. We, obviously, don't want to bring something to make it muddier -- Zaremba: It has to be a legal remedy. Nary: -- or more problematic. Yes. We don't want to make it worse, we just want to make sure it's clear. So, this is just to bring it to your attention and we will bring it back -- Zaremba: Or lives in a hotel or something. Okay. Thank you. Meridian City Council April 23, 2013 Page 50 of 57 Nary: The next item is 1-7-6, which is assignment of department liaisons and you will notice that this is probably one of the more red lined ordinances and that's because our code goes back to the late '90s when your system was operated differently of Council and Mayor. You had apart-time Mayor and part-time Council Members at the time and the method that they operated the city was very different than it's operated today. Back then they had commissioners of departments and the department commissioners actually had oversight and personnel responsibilities that are not consistent with the state code for City Council members. What we have provided to you to review is more consistent both with your current practice of departmental liaisons, so you have people that each of your Council -- each of the Council Members are appointed to a particular department and, then, the purpose of that is, again, to make sure compliance such as statutory responsibilities you have requirements you have as Council Members in regards to the budget, adherence to financial policies, adherence to spending, budget amendment, budget transfers, to make sure that you -- and purchaser orders to make sure that the departments are meeting those requirements under the policies that you have set and there may be more, but this is the initial draft we took. There may be a little bit more language on clarifying the policies and responsibilities, so we felt there wasn't a need to regurgitate the state code, which has a lot of that same language, but these were ones more specific to how you currently operate and, again, the current operation is more consistent with state code and that's why that's in front of you, so -- De Weerd: Council, any questions at this point? I know this is really for your review and we will bring it back for discussion. Nary: The next one, Council, is 1-7-7 and this one is just really more of a cleanup ordinance. There is some -- some language in the ordinance that's unclear about the process of the public hearing. It's, again, not very complicated and it really is more of a cleanup. There was a section about making it illegal to interrupt the person speaking, but that's really the chair's responsibility is to manage how the meeting is being run, who is speaking, when they are recognized, when they are not, it didn't seem to make sense to make it illegal to interrupt the speaker. So, again, these are things for you to review and if you have other questions or concerns you'd like us to bring it back on the 14th for discussion. The last item is 1-7-8 that's in front of you and, again, this is just duties and responsibilities of both the president and vice-president of the Council. Again, most of it is very cleanup oriented in regards to how your -- how your positions operate currently, so they are not in conflict with both the state code or your practice. There is some language about being the Council president, how often that could be. There was some cleanup there. Some of it was really archaic, because it talked about who could vote and if they didn't vote and if they voted this way, then, you'd have to vote differently -- it's very -- it's more complicated than it needed to be. Some lawyer must have written that part I'm sure. The last was also, too, that we have occasionally -- rarely, but occasionally have run into situations where the Mayor is currently unavailable -- the state code designates specifically that the president of the Council act in the Mayor's place in the Mayor's absence and that's all the state code addresses. Our code says the vice-president acts in case the president isn't available. Once in a Meridian City Council April 23, 2013 Page 51 of 57 great while that's happened. Once in a greater while both of those people aren't available and neither is the Mayor. It's unclear who is supposed to do anything at that particular point if there was a necessity for that. So, this simply states that the senior member of the Council would do that. I know it seems kind of silly that the last thing is if it's a tie there it's a coin flip, but Idaho is a coin flip state and if it's a tie that's how you do it. So, it was just a way to clear up any kind of an issue, more for the emergency management and such. The other thing we would be bringing back to you on the 14th or -- as we have gone through these we have other sections of our code that are fairly outdated in our codes as well and so on the 14th I was going to bring that back again for your review and discussion at that point or a later point and some of the department appointed officials. There is language in there, so of it's very relevant, some it's not. If you recall we spoke a few years ago, there is some specifics as to your finance director and the responsibilities they have, some of the timelines that actually are only governed by your code and nothing else and aren't really practical and we made a decision a couple of years ago to wait until we decided a rewrite was necessary, rather than keep bringing pieces. So, Ms. Kane from my staff has been working on it to bring in one larger collection of ordinances. I didn't feel that was necessary tonight, we wanted to focus on the Council responsibilities or Council ordinances, but we will be bringing that back probably on the 14th for, again, your introduction and review and, then, we could bring those for passage at a later date as well. Rountree: Very good. De Weerd: Okay. Thank you, Bill. Nary: Thank you. Rountree: Long overdue. H. ayor's Office: ate o the City u et menent for the of-o- cee mount of 1 ,4 5.00 De Weerd: Yeah. It is. Okay. Item 9-H. Simons: Thank you, Madam Mayor and Council. I will try to be quick and brief this evening, but this is our budget amendment that we do annually after we have done the State of the City, pay our bills and look at the receipts that come in. We are asking for 12,455 dollars in additional spending authority. I think one of the main things to note from this year that we are going to be doing with that money is the Arts Commission is going to be doing an RFP for the Meridian Road interchange rebuild are project. They have agreed to take on that project forthwith and, then, you will see the other items that are being proposed for this year and with that I'd stand for any questions. De Weerd: Council, any questions? Hoaglun: Madam Mayor? Meridian City Council April 23, 2013 Page 52 of 57 De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the State of the City budget amendment for the not to exceed amount of 12,455 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-H. Any questions from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. yor's fice: YC Community Events and `Travel Amendment for the of-o- xceed Amount of $11,750.00 Simons: Madam Mayor, Members of the Council, the second one is hard at work finding lots of support and sponsors, along with Sergeant Gonzales to pay for things such as the Treasure Valley Youth Summit, which is taking place in two days. They have over -- well over 200 people signed up. We are only supposed to have 200 people attend, but we should have about 230 people corning, but between that and their NOIS event that they did, the STAND grant for their event at Big AI's, which is covering all those expenses -- De Weerd: You're good with the acronyms. Simons: Yes. Thank you. They just won't quit. So, they raised this money, they have got some good events,, and they have all kinds of questions. De Weerd: I would just add -- I certainly appreciate Sergeant Gonzales and his interest and passion for the national organization on youth safety and the sponsors he helped us find so we could send our youth back to Washington DC and learn more about this distractive driving and teen driver safety, in addition to the STAND, which is Supporting Teens Against Nicotine Dependency and what they did with the partnership with Big AI's and that was -- that was a very well attended event from our youth and our youth summit -- our Mayor's Youth Advisory Council reached out and it's a Treasure Valley wide summit this year and we have had just tremendous business support, people coming -- stepping forward to sponsor these events, so it's -- all costs are covered. It's just been phenomenal. And certainly Ken's leadership, his passion for our kids and making sure that he can put these events on with the resources he needs to make it meaningful is greatly appreciated as well. So, I do think that it was worth spending a little bit more time to make sure you knew that this is hard work from some Meridian City Council April 23, 2013 Page 53 of 57 individuals in our city that care about our youth and want to make sure that they have what they need to -- to step forward and learn and be leaders. Any other questioned on this item? Do I have a motion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the MYAC community events and travel amendment for the not to exceed amount of 11,750 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-I. Madam Clerk. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: rdinances Third Reading of rdinance o. 13-1549: Large-Scale Special Events Update to Temporary Use Code De Weerd: Thanks, Robert. Okay. Item 10-A is the third reading of Ordinance 13- 1549. Madam Clerk, will you, please, read this by title only. Holman: Sorry. I thought I was going to have to talk first. I'm not prepared. Okay. City of Meridian Ordinance No. 13-1549, an ordinance of the City of Meridian amending Meridian City Code Section 3-4-1 relating to the definition of special events. Amending Meridian City Code Section 3-4-3A6D relating to standards for denial of temporary use permit applications. Amending Meridian City Code Section 3-4-3C6 relating to large scale special events and providing an effective date. De Weerd: Do you have any comments to this item? Holman: Madam Mayor, this is just -- to summarize, this is the ordinance that we have been speaking it out for the last few weeks and it's just helping us identify large scale special events providing greater limits for obtaining insurance for these events, setting the -- the deadline out to 60 days for a complete application and, again, asking the applicant to come in two weeks before that to sit down for this pre-application meeting. De Weerd: Thank you. You have heard this ordinance by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Bird: Madam Mayor? Meridian City Council April 23, 2013 Page 54 of 57 De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 13-1549. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 10-B is the second and third reading of Ordinance No. 13-1551. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance 13-1551, an ordinance amending Title 4, Public Health and Safety, Chapter 1, Sanitary Service System of the Meridian City Code, for the purpose of including definitions for commercial recycler, commingled recyclable material and source separated recyclable materials in 4-1-3 and to add: Or commercial recycler to 4-1-10H and to add a 4-1-11, commercial recycling exemption. And reassign the existing Section 4-1-11, nuisance declared, to Section 4- 1-12 and reassign the existing Section 4-1-12 penalty to Section 4-1-13 and providing an effective date. De Weerd: You have heard this ordinance by title only. Anyone who would like to hear it read in its entirety? Seeing none. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 23, 2013 Page 55 of 57 Bird: I move we approve the second and third reading of Ordinance No. 13-1551. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 10-C is Ordinance 13-1553. Madam Clerk, will you, please, read this by title only. Holman: I will. City of Meridian Ordinance 13-1553, an ordinance of the City of Meridian amending Title 2, Boards and Commissions, Chapter 7, Board of Adjustment of the Meridian City Code, Section 6, Hearing Procedures, for the purpose of amending 2-7-6B, to add a new 30 day filing deadline to submit a request for hearing before the Board of Adjustment from the date of notice of an administrative denial of the request for billing adjustment and amending 2-7-6C to add that the City Clerk has authority to schedule a hearing on an alternative date from the regular scheduled hearing date in time for the Board of Adjustment, provided the hearing is scheduled not later than 28 days from the next regularly scheduled meeting and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Bird: Madam Mayor? Meridian City Council April 23, 2013 Page 56 of 57 De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 13-1553 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES De Weerd: Item 10-D is Ordinance 13-1554. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1554, an Ordinance RZ 13-001, MGT Legacy Church for the rezone of the south 55 feet of Lot 15 -- Lot 15, Lot 17, a portion of Lot 16 and 18 of Wilson Addition in Meridian as shown in Book 12 of Plat at page 708 records of Ada County, Idaho. A portion of Lots 1 through 4, Lots 5 through 8, of Block 4 of Nidays Second Addition, OT, Meridian, as shown in Book of Plats at page 594, records of Ada County, Idaho, and adjoining right of ways, situated in the northeast quarter. of the northeast quarter of Section 12, Township 3 North, Range 1 West, Boise meridian, City of Meridian, 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 OT, Old Town 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 or the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council April 23, 2013 Page 57 of 57 De Weerd: Now didn't that sound interesting. Is there anyone who would like to hear this read in its entirety? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve Ordinance No. 13-1554 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-D. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Under Item 11, any future meeting topics for consideration? Bird: I have none. De Weerd: Okay. 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 9:34 P.M. (AUDj,O RECORDING ON FILE OF THESE PROCEEDINGS) ~~~-GG~ 5 ~ 7 ~ a~ i3 M YOR TA Y DE WEERD DATE APPROVED ~ OAT ;;D A UcLST ATTEST: ~~04~ ''~~w ~, ~ /, ~f ~ ^ City of OLMAN, CITY y ~ ~ "°''"° ~F SEAL ¢ ~P r`~8 °~fhe TAF hSU~~