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Home My WebLink About2013-05-07~~i4/~E IDIAN CITY COUNCIL REGULAR MEETING AGENDA Tuesday, May 07, 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 3. Community Invocation by Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-5) A. Approve Minutes of April 16, 2013 City Council PreCouncil Meeting B. Approve Minutes of April 16, 2013 City Council Regular Meeting C. Approve Minutes of April 23, 2013 City Council PreCouncil Meeting D. Approve Minutes of April 23, 2013 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: 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) F. Findings of Fact, Conclusions of Law and Order for Approval: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Agreement (Instrument #108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions Meridian City Council Meeting Agenda -Tuesday, May 07, 2013 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Findings of Fact, Conclusions of Law for Approval: 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 H. Findings of Fact, Conclusions of Law for Approval: 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 C-C (Community Business) Zoning District Findings of Fact, Conclusions of Law for Approval: AZ 13-002 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: Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the R-2 (Low-Density Residential) Zoning District J. Findings of Fact, Conclusions of Law for Approval: 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 K. FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi-Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District L. FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single-Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District M. FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty-Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District Meridian City Council Meeting Agenda -Tuesday, May 07, 2013 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty- Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R-15 Zoning District O. FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (6) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District P. FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty-Eight (48) Single- Family Residential and One (1)Multi-Family Residential Building Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts Q. FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 R. Approval of Task Order 10371.a for "Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22" to GSI Water Solutions, Inc. for the Not-To-Exceed Amount of $53,100.00 S. Sewer Main Easement for Concept Investments, LLP (Yates Rents), 203 S Main St. T. Recreational Pathway Easement Between Bridgetower Owner's Association and the City of Meridian U. License Agreement Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding the Ten Mile Stor-It Recreational Pathway on the Ten Mile Drain V. Paramount Sub. 22 Multi-Use Pathway Pedestrian Easement W. Lease Agreement for Concessions Operations at Settlers Park Between All Cad North West, LLP and the City of Meridian 6. Action Items Meridian City Council Meeting Agenda -Tuesday, May 07, 2013 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Public Hearing: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site Approved with Conditions (Pg 5-16) B. Public Hearing: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Grove Road Request: Preliminary Plat approval Consisting of 26 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District Approved (Pg 5-16) C. Public Hearing: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) Approved (Pg 16- 20) D. Public Hearing: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi- Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District Approved (Pg 16-20) E. Public Hearing: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan fora Mixed Use Development Approved with Conditions (Pg 20-29) F. Public Hearing: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O-T (Old Town) Zoning District Approved (Pg 29-32) G. Public Hearing: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot Approved (Pg 32-34) 7. Department Reports Meridian City Council Meeting Agenda -Tuesday, May 07, 2013 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. A. Mayor's Office: Resolution No. 13-922: A Resolution Appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission Approved (Pg 34-35) B. Continued from April 16, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion Continued until May 21, 2013 (Pg 35) C. Fire Department: Donation of Self-Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center (Pg 35-36) D. Fire Department: Resolution No. 13-923: Donation of Self-Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center Approved (Pg 35- 36) E. Public Works Department Report: 8th Street Improvement Project (Pg 36-45) 8. Ordinances A. Ordinance No. Proposed # 13-1555 (number not assignedb: 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 Continued until May 14, 2013 (Pg 45) B. Ordinance No. Proposed # 13-1556: An Ordinance Amending Title 1, Chapter 7, Section 5, paragraph (A) (1) of the Meridian City Code, Regarding Time of the City Council Regular Meetings; and Providing an Effective Date Approved (Pg 45-46) 9. Future Meeting Topics None Adjourned at 8:58 p.m. Meridian City Council Meeting Agenda -Tuesday, May 07, 2013 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Mav 7, 2013 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, May 7, 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, Scott Colaianni, Mark Niemeyer, Tom Barry, Warren Stewart, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. We will go ahead and welcome all of you to the regular City Council meeting. For the record it is Tuesday, May 7th. It's 7:05. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gordon Slyter with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Gordon Slyter with the Treasure Valley Worship Center. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Slyter: Yes. Thank you. Let's pray. Father in Heaven, again, we thank you for the opportunity to gather together in a safe and a civil environment. Lord, we remember parts of our country that have been through trials recently from Boston to Texas, storms in the midwest. Lord, would you be with those who are our national neighbors and, again, we thank you, Lord, for our many blessings in our community here in Meridian. Thank you, Lord, for your faithfulness as the foundation of our civic life together and our individual lives and tonight we pray that you would give wisdom and guidance and respect and understanding to those who hear the issues that come before our city and make the decisions that will guide our lives together. Thank you for these things we pray and for your blessing in every way, in Jesus' name, amen. Meridian City Council May 7, 2013 Page 2 of 46 Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of changes to tonight's agenda. Under Department Reports, 7-A, that is Resolution No. 13-922. 7-B staff would like to continue this until May 21st, 2013. 7-D, Resolution No. 13-923. 8-A, Ordinances, staff is requesting this be moved to May 14th for the Council to take up. And 8-B is Ordinance No. 13-1556. Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of April 16, 2013 City Council PreCouncil Meeting B. Approve Minutes of April 16, 2013 City Council Regular Meeting C. Approve Minutes of April 23, 2013 City Council PreCouncil Meeting D. Approve Minutes of April 23, 2013 City Council Regular Meeting E. Findings of Fact, Conclusions of Law for Approval: 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) F. Findings of Fact, Conclusions of Law and Order for Approval: MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC Located Southwest Corner of N. Eagle Road and E. Ustick Road Request: Amend the Sadie Creek Development Meridian City Council May 7, 2013 Page 3 of 46 Agreement (Instrument #108008770) for the Purpose of Attaching a Concept Plan and Modifying Certain Provisions G. Findings of Fact, Conclusions of Law for Approval: 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 H. Findings of Fact, Conclusions of Law for Approval: 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 C-C (Community Business) Zoning District Findings of Fact, Conclusions of Law for Approval: AZ 13-002 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: Annexation of 10.10 acres of Land from RUT and R-1 in Ada County to the R-2 (Low-Density Residential) Zoning District J. Findings of Fact, Conclusions of Law for Approval: 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 1l2 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 K. FP 13-019 Rushmore Subdivision by Tealey's Land Surveying Located South of W. Pine Avenue, West of W. Broadway Avenue Request: Final Plat Consisting of Three (3) Multi- Family Residential Building Lots and Two (2) Common Lots on Approximately 2.17 Acres of Land in an R-15 Zoning District L. FP 13-016 Zebulon Village Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Final Plat Approval Consisting of 40 Single-Family Residential Building Lots and Six (6) Common/Other Lots on 14.94 Acres in an R-4 Zoning District Meridian City Council May 7, 2013 Page 4 of 46 M. FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes Located West Side of N. Linder Road, Midway Between Chinden Boulevard and W. McMillan Road Request: Final Plat Approval Consisting of Twenty-Eight (28) Residential Lots and Three (3) Common Lots on Approximately 4.33 Acres in an R-8 Zoning District N. FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton Development, Inc. Located North Side of Chinden Boulevard; West of N. Ten Mile Road Request: Final Plat Approval Consisting of Fifty-Four (54) Single Family Residential Lots and Eight (8) Common/Other Lots on Approximately 14.05 Acres in an R-8 and R-15 Zoning District O. FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany Development, Inc. Located North of E. Amity Road, Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Approval Consisting of 36 Single Family Residential Building Lots and Six (5) Common Lots on Approximately 10.52 Acres of Land in an R-8 Zoning District P. FP 13-017 Red Wing Subdivision by W.H. Moore Company Located Southeast Corner of S. Meridian Road (SH 55) and E. Victory Road Request: Final Plat Approval Consisting of Forty- Eight (48) Single-Family Residential and One (1) Multi-Family Residential Building Lots and Nine (9) Common/Other Lots on 31.11 Acres in the R-4 and R-15 Zoning Districts Q. FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Final Plat Approval Consisting of 17 Building Lots and 2 Common/Other Lots on 10.42 Acres of Land Zoned R-8 R. Approval of Task Order 10371.a for "Phase 2 Aquifer Conditioning Feasibility Study, Wells 18 and 22" to GSI Water Solutions, Inc. for the Not-To-Exceed Amount of $53,100.00 S. Sewer Main Easement for Concept Investments, LLP (Yates Rents), 203 S Main St. T. Recreational Pathway Easement Between Bridgetower Owner's Association and the City of Meridian Meridian City Council May 7, 2013 Page 5 of 46 U. License Agreement Between the Nampa & Meridian Irrigation District and the City of Meridian Regarding the Ten Mile Stor-It Recreational Pathway on the Ten Mile Drain V. Paramount Sub. 22 Multi-Use Pathway Pedestrian Easement W. Lease Agreement for Concessions Operations at Settlers Park Between All Cad North West, LLP and the City of Meridian De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Still checking to make sure I didn't miss anything, but did not. I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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: Council, I would like to take a moment of silence. We did lose one of our Meridian residents recently on May 4th in Afghanistan and that was Thomas Page Murdock and he was here from Meridian and I know that one of his relatives is an employee here at the City of Meridian. We are flying our flags at half staff in his memory. But if we could take a moment of silence I would appreciate you giving some prayers up to his family and in his service to our country. Thank you. Item 6: Action Items A. Public Hearing: MDA 13-001 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Modify the Existing Development Agreement to Allow for the Development of 26 Single-Family Residential Dwelling Units on the Site B. Public Hearing: PP 13-002 Bellabrook Villas (aka Brookside Square) by ZWJ Properties, LLC Located at 300 S. Locust Meridian City Council May 7, 2013 Page 6 of 46 Grove Road Request: Preliminary Plat approval Consisting of 26 Single-Family Residential Building Lots and Four (4) Common/Other Lots on 4.38 Acres of Land in an R-15 Zoning District De Weerd: Okay. With that Item 6 is under Action Items. We will go ahead and open the public hearing on Items A and B, public hearing MDA 13-001 and PP 13-002. I will open these two public hearings with staff comments. Wafters: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a development agreement modification. The second request is for a preliminary plat. This site consists of 4.38 acres of land. It's currently zoned R-15 and is located at 300 South Locust Grove Road on the east side of Locust Grove just south of Franklin. The application requests approval of a modification to the existing development agreement to allow for the development of single family residential dwellings on the site, rather than amulti-family development as previously proposed and approved. A preliminary plat consists of 26 single family residential building lots and four common other lots is also requested. The propose plat conforms to the dimensional standards of the R-15 district and density desired in mixed use community designated areas. The applicant proposes to convert the entry street, Kalispell, you can see right here, off of Locust Grove, which is constructed to private street standards, to a public street and stub it at the east boundary for future cross-access -- excuse me -- access and interconnectivity. Private streets are proposed for the loop road connecting to the proposed public street. Approval of the proposed plat is contingent upon ACHD's acceptance of the private street Kalispell as a public street. ACHD staff is in support of converting Kalispell to a public street. However, the commission action is required to do so. One of the required findings that the director has to make in order to approve a private street is the design has to create a common MEW or a limited gated residential development. Private streets aren't intended for a single family residential development. However, because the streets already exist and because the R-15 zoning district doesn't have a minimum street frontage requirement, staff has approved the private streets contingent upon gates being installed at the entrance to the private streets in accord with the afore-mentioned finding, which would be approximately 50 feet in on the private street, about in here where the gates would be required. Staff is not necessarily in favor of the gates, but code requires it as a finding. A seven foot wide pathway exists through the common area and extends to the east side of the Five Mile Creek, as you can see here, where amulti-use pathway is planned. Staff recommends the developer provide a public use easement for the section of the multi-use pathway on the east side of the creek. Six foot tall vinyl fencing exists around most of the perimeter of the subdivision. The remaining fencing to be constructed adjacent to the common area is required to comply with the Unified Development Code, which is four foot tall if solid material is used or six foot tall open vision material is used. Conceptual building elevations have been submitted for this development as shown. The Commission recommended approval of the subject preliminary plat. Matt Howard testified in favor of the application, as did Orson Woodhouse. No one testified in opposition or commented. Written testimony was received from Matt Howard in agreement with the staff report, Meridian City Council May 7, 2013 Page 7 of 46 who is the applicant. Key items of discussion by the Commission was the conversion of existing private street to a public street. The financial burden on the residents for the maintenance of private streets and the UDC requirement for gated entries to the private streets in the absence of a design that creates a common MEW. Commission changes to the staff recommendations. As requested, the applicant and at staff's recommendation strike condition number 1.1.2 requiring the pathway to be extend to the north and south property boundaries on the east side of the Five Mile Creek due to the topography in this area. Secondly, at the request of the applicant and staffs recommendation, modify condition number 1.17 to allow the existing fencing adjacent to the common area that is owned by the adjacent property owners to remain. The rest of the fencing around the common area would be constructed to UDC standards. The only outstanding issue for the Council is the UDC required a gate to be installed at the entrance to the private streets. The applicant requests this cannot be stricken. That's condition number 1.15. There has been no written testimony since the Commission hearing on this application. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant here this evening? Do you have any comments? If you will, please, state your name and address for the record. Howard: Matt Howard. 1854 East Lanark Street in Meridian. De Weerd: Thank you. Howard: I just wanted to touch briefly on some of the key issues that staff has mentioned there, some of the discussion that we had with the Commission. First dealing with the conversion of the private street Kalispell to a public street. ACHD, as staff indicated, is in favor of that, but requires a hearing and reached out to ACRD yesterday and it looks like we are going to be on the agenda for May 22nd. So, that issue should be resolved. The other topic with the Commission was the financial burden on the residents for the maintenance of the private street. So, I did a little research to get a feel for what type of maintenance the residents of that subdivision may encounter with the private streets, since it would be the homeowners' responsibility. In talking with the paving companies the consensus was that the two things that would need to be done on a fairly regular basis as far as maintenance goes would be seal coating and crack sealing and they estimated that those things typically take place about on a three year cycle for this type of subdivision and they estimated that the cost for both of those items would run about 3,500 dollars. So, approximately every three years there would be about a 3,500 dollar expense. So, over the 26 lots in that subdivision that's a little over three dollars a month per lot. So, it's fairly minimal as far as any financial burden goes. And, then, the other item is the gated entry. We had a lot Meridian City Council May 7, 2013 Page 8 of 46 of discussion about that with the Commission and had a lot of discussion with staff. We are limited with options on that, because the UDC requires the gated community on the private streets and we have asked that that condition be stricken. I don't know that there is any flexibility to do that with the way the code is written. So, in absence of being able to remove that restriction we would ask that the Council allow the developer to bond for the gates in order so you get time for there to be an opportunity for staff to look at options at changing that code requirement, which would give the Council more flexibility in determining when those gates are appropriate, because I think it's fairly obvious that gates inside of this small development would be counterproductive. Those are the only comments that I had. Any questions for me? De Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have one. This probably includes staff as well and it's the question about extending the pathway that goes along that arm or section to the east. My recollection was that that pathway was there in order to connect to a multi-use pathway that's planned somewhere near Five Mile Creek and if the question now is -- is to have the pathway roughly down the center line of that stripe, but not connect to the property lines, then, that doesn't complete the multi-use pathway that's going to be there. So, I'm questioning that question, I guess. Why would you not connect it to what's eventually going to be a multi-use pathway -- multi-use pathway there? Howard: You are correct. The pathway is existing and -- as are the streets and so we got the pathway that extends down that east side of the property and it does connect to a ten foot wide path on the Five Mile Creek access. There is one small portion of that on the south end there where it doesn't completely connect to the property line and I don't know if you can see the topography here, but the reason for that is because there is a significant drop right there at the end of where that path is currently constructed to the property line and to be able to connect to the southern property line it would need to be ramped up from the opposite side and so that's why when it was initially constructed that's why it didn't completely connect. But it's positioned to do so and certainly can have an easement or something there to insure that as that half develops in the future that there will be full connectivity there. Did that answer your question? Zaremba: It does. I can understand the -- the issue. I'm just thinking in the future to make that connectivity I can understand that something has to happen on the adjacent property, but once it does, then, there is about a four or five foot gap. Is there some way to give an easement that would allow -- if it ends up being our parks department to come on your property and say, okay, we are going to complete those five feet once the neighboring property is -- Meridian Cily Council May 7, 2013 Page 9 of 46 Howard: I think that is the solution to that. Zaremba: -- is there something like that that we can do? Wafters: Yeah. Mayor, Councilman Zaremba, we are requiring that they provide a public pedestrian easement for that pathway, so -- Zaremba: Okay. So, then, the question is ten, 20 years from now who paves that last few feet? Watters: Right. Zaremba: Okay. Watters: But without doing significant work to the property to the south to build that area up it's just not feasible at this time. Zaremba: I can understand that. Thank you. De Weerd: Okay. Anything further from Council? Bird: I have none. De Weerd: Okay. Thank you. Howard: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on either of these two items? Council, any further questions for staff or the applicant? Bird: I have none. De Weerd: Hearing none, do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to discuss gates? I don't really have an opinion one way or the other, but I'm -- it's something we need to answer. De Weerd: Probably would be good before you close the public hearing in case you had a question for the applicant. Meridian City Council May 7, 2013 Page 10 of 46 Zaremba: I didn't remember that we had such a requirement. I can see the reasoning for it if it were a street that connected different public streets, but since this is a u-shaped street that's not likely to gain a lot of through traffic on it -- public through traffic, I don't necessarily feel tied to the requirement to have gates there. I think that could be an exception. Is there something I'm missing about why that requirement exists in the first place? I didn't even remember that it existed. Watters: Typically private streets are not intended for single family residential developments, so that's part of the issue. But there is a lot of unique circumstances on this site that, you know, the applicant is going for single family residential. De Weerd: So, does the code allow the latitude to waive that requirement? Watters: I think that would be a question for Mr. Nary. Nary: No. De Weerd: Wow. Nary: There is no -- there is no waiver provision of ordinances, so, Mayor and Council, I mean you -- I think that the applicant's solution is bond for it -- I think -- if I recall --and I don't think they decided that, but they discussed it at the Planning and Zoning Commission, of requiring gates that actually didn't close to be technically in compliance, but that seems kind of ludicrous. So, I think the suggestion that maybe we process an ordinance change, they bond for it, so that if it doesn't happen there is still the ability to construct it and, then, they can get a final plat signed and, then, we consider an ordinance change that gives you at least the ability to waive it and whatever the findings need to be and I think Councilman Zaremba and the planning staff have really identified this clearly where it could be waived and would make sense, we just don't have any mechanism in our ordinance to simply just not require compliance. De Weerd: Okay. Mr. Nary -- so, if they bond for it is there a trigger point that either the gates are put in or the bond is used? But I -- we don't want it hanging out there indefinitely. Nary: Madam Mayor, Members of the Council, I don't know --maybe Caleb might have a suggestion. I don't know if you want to tie it to some level of development where that decision has to be made or put a time limit on it. I don't know which would make sense. But if the direction is you would like to see an ordinance change and, then, allow this to be basically held that way, so that we could process that, that might be the best way to go, unless you have a suggestion from planning. Hood: Madam Mayor, Members of the Council, on that note I guess I don't want to predetermine that an amendment for our code is going to be approved. That's my concern with this. We certainly can work with the applicant if that's a condition of approval that they bond for the gates, that's fine. Typically something like this we can -- Meridian City Council May 7, 2013 Page 11 of 46 we can hold until a C of O is needed for homes in there or 50 percent or 75 percent of the lots -- you can pick a number and we can hold it until the very last lot. I am a little concerned as Sonya mentioned that private streets really aren't intended for single family residential, so I hate to change our code for the one exception to the rule. I do -- Iagree with Sonya that in this circumstance it doesn't make a whole lot of sense, but I don't think that was the intent of private streets. You don't really want to encourage additional private streets and the gate -- it doesn't necessarily preclude somebody, but it's not the intent of wanting to do a private street and a gate, the type of development we were looking for when we allowed those just a few years ago in the UDC, so -- Sonya is looking something up, so -- Wafters: I have something I would like to interject. Excuse me. Bill just brought something to my attention in our code that I wasn't aware of. Our alternative compliance section does allow for a request for alternative compliance to that section of code, to the private streets. So, that may be an option also. I'm not sure what the alternative would be, but that would be on the applicant to submit an application for that and make their request. Hood: Madam Mayor, just to follow that through to the alternative compliance. It is, essentially, what Sonya mentioned, something we do at the staff level. The applicant proposes something in lieu of this standard that basically meets the intent of the code. I wasn't at the Planning and Zoning Commission when this was discussed, but something that is a pseudo gate, maybe just some wings that make the appearance of a gated community without actually being agate -- I don't know if that's something they'd like to do. They can propose something. We can work with them. I have full confidence, though, that we can -- that the applicant can propose something in lieu of the gates in this case. I'd much rather go through that -- that process in amending our code for this case and opening up the flood gates as it would be for other projects when we don't really want to see too many more private streets for single family residential, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: So, what maybe I'm visualizing in response to what you said is that at these two entry points into this horseshoe shaped street there might be a decorative pillar on each side of the street and maybe a little bit of decorative post -- or something that looks like two feet of fence next to it or something like that, but no need for a real gate. Hood: Madam Mayor, Councilman Zaremba, that's something just off the top of my head that Ithink -- Zaremba: It would be alternate compliance. Hood: Correct. So, we could consider it and I think Sonya -- Meridian Cily Council May 7, 2013 Page 12 of 46 Zaremba: Eventually it would separate that. As somebody was driving by they would say, okay, this is a separation, but it's not a real gate. That would work for me. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We haven't closed the public hearing. I'd like to hear from Mr. Howard on some -- if the alternative compliance issue is something that you would want to do, as opposed to waiting for us to do something versus anything else that -- De Weerd: And you don't need to design it tonight. Hoaglun: Right. Howard: That's good. De Weerd: Even though we have tried. Howard: My concern with an alternative compliance and my question I would have for staff regarding that would be -- one of the requirements is the 50 foot setback. So, the gate itself -- it's not that it would be at the exact intersection, it's set back 50 feet, so approximately it would be where those lines across the private roads are. So, it's -- it's not a clean division. We could certainly go that route. The other reason I would hope that staff may consider amending the code for this is in 2010 when the amendment was done changing private streets not being able to connect to arterial roads, there doesn't seem to be many situations where you're going to need to have a gate, because those private roads are only going to collection streets at a minimum. So, if there were a gate on Locust Grove, if this whole thing were private, that makes sense, but because arterial roads cannot connect -- or private streets can't connect to those arterial roads, I'm trying to think of a situation in which it makes sense to continue to have that requirement to have a gate on a private street when that private street is going to connect to a collector street. Does that make sense? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mr. Howard, it sounds like we have some serious questions that we need work through and I know time is money, especially in your game. It's very critical. Howard: Uh-huh. Hoaglun: Is there something -- do we need a week to work this out and is that something you would be okay with or do we need to maybe drop this down to the end of Meridian City Council May 7, 2013 Page 13 of 46 The agenda and, then, we can kind of hash this through after we go through everybody else's stuff, because this one is going to take some tweaking. But just your thoughts on a week delay, is that -- eh, you'd rather not do that or what? Howard: Well, naturally, I'd rather not, but whatever works best for the Council. We are open to whatever solution I think fits with the particular need here. Hoaglun: I mean we do have the option of doing a bond and moving it forward and talking to staff. Howard: And that would be my suggestion. Hoaglun: And we may just decide that maybe we don't change it and we have to come up -- you know, there will be an alternative compliance of some sort and what that will be we don't know, but you would work with staff on that. But otherwise we may do something and -- but that remains to be seen, so -- I mean I'm not -- I'm not opposed to saying, hey, bond for construction of the gates, put the money there in the account, move forward with the project if that's how the Council votes. I don't see any issues here on this particular project except for this. And, then, we can sit down and discuss with staff what we want to do, how we want to do it, and -- but then -- and I'd ask staff if you guys want to have any solutions or ideas right now -- Hood: Madam Mayor, if I can. For the Council and applicant. I would just ask whatever you do with the condition, maybe just leave all three options on the table, leave that condition so we can work it out, if you're comfortable approving a project not knowing if it's going to have gates or a bond or we go through alternative compliance and do some decorative things maybe looks like a gate or at least designates these streets as private. It could allow us a little bit if leeway to work that out behind the scenes, rather than coming back and I will point out this may influence the applicant's response, so it won't be one week, it will be two weeks, because next week is a workshop. So, would just ask that -- again, I think we can work through it with alternative compliance. It's a pretty simple process, but if they'd rather bond for it and work through some other options I'm willing to consider that, too, but -- Watters: If I could just add to that. You know, I think our code does allow for an out on this situation without an amendment to our code, since this isn't typically something we approve private streets for. With the alternative compliance we can change -- we can approve an alternative means of anything in that 3-F section, which does also speak to the 50 foot setback. So, I think we have got some wiggle room on this, unless Council isn't comfortable with going the alternative compliance route. De Weerd: Mr. Zaremba. And, then, Mr. Bird. Zaremba: My comment, actually, was going to be about that 50 feet. I can understand the necessity for that 50 feet if you're really going to have a gate there. I mean that's -- that's asafety issue -- Meridian City Council May 7, 2013 Page 14 of 46 Watters: Right. Zaremba: -- in how you deal with -- with traffic and my question was going to be that. If we are going to alternate compliance and it's just a couple pillars on either side of the road, that doesn't have to be 50 feet in, it would still be alternate compliance if it were closer to Kalispell. I'm comfortable with that. De Weerd: Mr. Bird. Bird: Caleb, I don't feel comfortable passing something without at least a bond or something. I would be in favor of requiring a bond at this point and, then, you can release it the minute you get the alternative done. I don't feel -- I don't want to pass something that we leave a real gray area there. With a bond that -- that makes sure that it happens one way or the other. Is that satisfactory with you? De Weerd: What is a reasonable time frame? Again, I think it should not be out there indefinitely and what is a reasonable time frame for the bond. Hood: Madam Mayor, we typically require those prior to the final plat or we could do it -- we could do it prior -- prior to the city engineer's signature of the final plat is typically when we line up all those things that haven't been installed with a project, we require the surety amounts -- the bonding amounts prior to us signing the final plat. De Weerd: Okay. You require the bond at that time, but then when -- when does the decision or the work or -- the decision be made? Hood: Madam Mayor, I think we can work this out in the next couple weeks, so well in advance of them probably even submitting their final plat. I mean if we just -- if we hit loggerheads we will go through that and they will have to install gates if we don't change the code or we will call on their surety and install it for them before occupancy of the homes in this project. De Weerd: Okay. Thank you. Any further comment? Howard: No. Thank you. De Weerd: Thank you. Okay. Council, any further information needed? Bird: I have nothing. De Weerd: Do I have a motion to close? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council May 7, 2013 Page 15 of 46 Hoaglun: I move we close the public hearing on Items 6-A and B. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of MDA 13-001 with the recommendations as made by the staff and agreed to by applicant in item one, striking condition 1.1.2. Also with the condition -- modify condition 1.1.7 as agreed to by applicant and staffs recommendation and under condition number 1.1.5, installation of gate, that the applicant post a bond for construction of the gates that would be released upon an alternative compliance agreement for said gates or the gate will be constructed -- need to be constructed before the signature of the city engineer on the final plat, if I understood that correctly that would be the appropriate time, so -- so, that's my motion to approve MDA 13-001. Bird: Second De Weerd: I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the first item 1.1.2, essentially not requiring the pathway to extend, are we understanding that there is an easement there, though, that would allow that pathway to be completed when the neighboring property adjoins or -- Hoaglun: My understanding, Madam Mayor and Councilman Zaremba, it's part of the testimony and I think is part of the documentation that that is -- is in there. So, I'm satisfied with that. Zaremba: Thank you. Hoaglun: Got it covered. De Weerd: Thank you. If there is nothing further, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian Cily Council May 7, 2013 Page 16 of 46 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of PP 13-002. Zaremba: Second. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-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. C. Public Hearing: MDA 13-004 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue, Lots 9 and 26, Block 3 of Gramercy Subdivision No. 1 Request: Modify the Building Elevations Approved with the Amended Development Agreement (Instrument #108022888) Approved D. Public Hearing: CUP 13-002 Gramercy Pride Apartments by Sagecrest Development, LLC Located 2111 and 2283 S. Accolade Avenue Request: Conditional Use Permit Approval for 18 Multi-Family Dwelling Units on Two (2) Lots on Approximately 1.38 Acres in an Existing R-15 Zoning District De Weerd: Item 6-C and D are public hearings on MDA 13-004 and CUP 13-002. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Gramercy Pride apartments. The site is located south of west -- or East Overland Road just west of East Accolade Drive. In 2006 this property was platted with the Gramercy development. It's currently zoned R-15 and the two properties total 1.38 acres. The applicant is here proposing a DA modification and a conditional use permit to develop 18 multi-family units. Lot 8, Block 3, is the northern lot that you saw there Meridian City Council May 7, 2013 Page 17 of 46 and that will have ten units and, then, the southern lot, which is adjacent to Gordon Harris Park is Lot 26, Block 3, and it will consist eight -- a total of eight units. Both the site plan and the landscape plan comply with the UDC as well. I would mention to you that the amenities planned for this development does consist of connecting to the adjacent pathways developed within the Gramercy development itself and also a condition of the project requires additional bike parking to meet an amenity requirement. The applicant is also proposing and seeking approval from the Gramercy HOA to use a portion of their amenity developed in that subdivision as well. Here is an exhibit that I prepared for you. So, currently developed within the Gramercy development we have a passive open space lot here and you can see how the ten foot pathway connects into the development and, then, runs along the Ridenbaugh Canal here and, then, as well as the pocket park or plaza developed within the Gramercy development and there is also a passive open space lot that was developed as well adjacent to the single family homes. It's my understanding that Corey Barton currently is the de facto HOA currently until this subdivision is built out. The applicant is required to provide that documentation with their CZC application to insure that the site amenities -- they have the right to use those site amenities. Elevations proposed for you tonight are pretty consistent to what was developed in the Gramercy project as well.- There is a mix of building materials consistent with those units. The applicant has also provided again some of the existing units that are developed out there to demonstrate the flavor of what they are proposing out there. I'd also mention to you that no -- Planning and Zoning Commission did recommend approval of this application at April 4th hearing. The DA modification is primarily to allow the applicant to move forward with the development of this multi- family development. In 2007 there was a condominium project that was proposed for the two lots. That CUP has expired, but through an amended development agreement there were specific elevations that were tied to that property and so in order to comply with this site plan with a landscape plan and elevations before you this evening the applicant needs to amend-that DA and that's really -- that would allow them to move forward with what I'm presenting to you this evening. Mrs. Becky McKay did testify in favor of the application. She did also provide written testimony in agreement with the conditions in the staff report. Also prior to the Planning and Zoning Commission Mrs. McKay did submit a revised site plan that complies with all of the conditions in the staff report that I showed you this evening as well. Key issues of discussion discussed at the Planning and Zoning Commission -- if I can back up here quickly. Commission discussed the screening requirements for the parking area that's adjacent to single family home lots that are platted -- Lot 26 they wanted to make sure that there was either denser landscaping or some fencing planned along there in order to keep headlights from obstructing or annoying the neighbors in the future. Currently those lots are vacant and owned by Corey Barton. Nothing -- right now he's still working with staff on appropriate elevations and home design for those lots at this time. And the other issue of discussion was -- if you look at what's happening there tends to be more multi- family units developing in there, rather than single family homes. So, Commission was getting concerned with that ratio how it would be integrating with those single family homes. Items -- or key changes to staff's recommendation -- again, other than those items they did not change any conditions of approval. Written testimony since the P&Z Meridian City Council May 7, 2013 Page 18 of 46 hearing --there weren't any -- there wasn't any and to staff's knowledge there aren't any outstanding issues before you at this time and I'd stand for any questions you have. De Weerd: Thank you, Bill. Any questions for staff? Bird: I have none. De Weerd: Okay. Would the applicant have any comments? McKay: Madam Mayor, Members of the Council, Becky McKay. Business address 1029 North Rosario, Meridian. I'm representing the applicant on this. I came before you with a 48 unit multi-family project. It was small in nature. It had a small maintenance and rental office that's directly across the street from Mr. Hunemiller. He has purchased these two lots that were originally, as Bill indicated, planned for condominiums in 2007. So, we are asking this evening for a DA modification to allow these elevations to be substituted for the ones -- the condominium ones in 2007 and, then, these particular buildings are a small scaled down version, they are only two story, whereas we had a 16 unit two stories in the Gramercy Villas, which is just to the east. These are two story and like eight units, so it's 50 percent of the size and bulk and, then, the second building has a two story with a one story step down, that's how we got the ten units in that particular building. So, as far as architectural styles, color schemes, the buildings, the roof lines, will all blend with the Gramercy Villas that we have just across the street. Same quality architecture, same masonry. We feel that as far as the size of these -- of that --that it will fit well in with the Gramercy projects and we have the courtyard product that adjoins us. We showed sensitivity to that. We did shift our building and our parking area to increase the landscape buffer to the future courtyard homes that are intended to the north. We back up to the high school. We have Gordon Harris Park. We are making interconnections to the existing pathways and we feel that this will be complimentary to the other 48 units that we have across the street. Do you have any questions? And we are in agreement with staff's conditions. De Weerd: Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think I understand this, but they are no longer going to be condominiums, they are going to be operated as apartments; is that correct? McKay: Yes. They will be luxury apartments, just like we have in the Gramercy Villas. There was some confusion at the Commission. For some reason they envisioned three Meridian City Council May 7, 2013 Page 19 of 46 stories, because the Accolade Apartments that came through after us were three stories, but we straighten that out after the hearing and, then, they were like, yes, okay, we see this as a smaller version, so --thank you. De Weerd: Okay. Anything further from Council? Bird: I have nothing. Rountree: No. De Weerd: Thank you. McKay: Thank you. De Weerd: This is a public hearing on Item 6-C and D. Is there anyone who would like to provide testimony on this item? Seeing none, Council, any questions for the applicant or staff? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further testimony I move that we close the public hearing on Items 6-C and D. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-C and D. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve CUP 13-002, subject to staff and applicant's comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-C. Any discussion from Council? Seeing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council May 7, 2013 Page 20 of 46 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve MDA 13-004 subject to the applicant's comments and staff comments. Bird: Second. De Weerd: I have a motion and a second to approve item 6-D. 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. E. Public Hearing: MDA 13-008 Twelve Oaks (fka Hark's Canyon Creek Subdivision) by JLJ, Inc. Located 1845 W. Franklin Road Request: Amendment to the Development Agreement to Remove the Language Pertaining to the Expired Plat and to Include a Conceptual Development Plan for a Mixed Use Development De Weerd: Item 6-E is a public hearing on MDA 13-008. I will open the public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. Give me just a minute here. The next application before you is a request for a development agreement modification. The site consists of 9.4 acres of land. It's currently zoned C-C and TN-R and is located at 1845 West Franklin Road on the south side of Franklin west of Linder. The request is to amend the existing development agreement to allow for a change in the overall development plan for the site. The amendment also includes changes to the text in the agreement to eliminate the references to the preliminary plat, which is expired, and the requirements for detailed conditional use permit approval. Because the previous project was approved under a conditional use permit, a planned development with a conceptual development plan, a detailed conditional use permit was required for all future uses on the site prior to submittal of any certificate of zoning compliance. Since that time the city has adopted design standards and guidelines and detailed conditional use approval is no longer necessary to insure quality of design. The existing concept plan, as you see here, included in the development agreement, Meridian City Council May 7, 2013 Page 21 of 46 depicts a mixed use project consisting of single family residential townhomes, condos, and community business uses. The proposed concept plan depicts multi-family residential, approximately 40 units. A residential care facility with approximately 35 units. I will just point that out, because you probably can't read this. This is the residential care facility. This is the multi-family. Single family residential down here along the south boundary, 12 to 15 units, and four commercial pads, three here connecting to the commercial developments to the east and one over here on the corner. There is essential common open space area containing a pond that is existing on the site and the commercial portion at the northeast corner will be in addition to Hark's Corner commercial project to the east. The proposed plan is consistent with the Comprehensive Plan future land use map designation of medium high density residential and mixed use community for this site and the C-C and TN-R zoning districts. A pedestrian bridge crossing the Ten Mile Creek is also proposed to be constructed off site to provide connectivity between the proposed development and the residences in Whitestone Estate Subdivision to the south. So, that would be right across here. Pathways are proposed connecting the park and open space area to the residential and commercial components of the development. Conceptual building elevations have not been submitted for this development, because design review is not required for single family homes. Staff has advised the applicant to present conceptual elevations to the Council tonight to insure quality of development. The multi-family residential care facility and the commercial structures will be subject to design review. Outstanding issues for the City Council. Access via Franklin Road. The applicant is showing two access points to Franklin here on the concept plan. The UDC restricts access to arterial streets unless waived by Council and approved by ACHD. The applicant is requesting a waiver from Council tonight for this access point here on the east end of the property. Cross-access or a stub street to the Roam parcel to the east, which is right here, in lieu of cross-access being granted through the subject property, the property owner to the northeast, Larry Van Hees, he owns this Hark's Corner commercial development here -- would like to grant across-access ingress-egress easement to the Roam property through Hark's Corner instead. So, it would be approximately in here and provide access out to the Roam property. You can see a little better right here. And, then, out to Linder. Staff is fine with this as long as an access easement is recorded as such and allows for the removal of a minimum 20 foot wide section of wall that currently separates the property. If Council agrees, Development Agreement Provision No. 6.1.6 should be revised accordingly to allow for either option. Until an easement from Mr. Van Hees is recorded, the requirement falls to this -- to this property to provide cross-access to the east. And the last outstanding issue for Council is the conceptual building elevations for the single family home. I think the applicant may be presenting those to you tonight, hopefully. There has been no written testimony on this application and staff is recommending approval of the proposed amendments to the DA. Staff will stand for any questions. De Weerd: Council, any questions? Hoaglun: Madam Mayor? Meridian Cily Council May 7, 2013 Page 22 of 46 De Weerd: Mr. Hoaglun. Hoaglun: Sonya, on the bridge that crosses Ten Mile Creek, Council may approve that bridge, but do they -- is that still something that they have to get through the Nampa- Meridian Irrigation District? Wafters: The applicant -- it's kind of weird right here. There is no ownership of this land, so I don't know that it's necessary, but I think the applicant is going to pursue getting a release from NMID just in case. But it seems to be no man's land. Hoaglun: Okay. Watters: So, there shouldn't be an issue. Hoaglun: Got it. Thank you. De Weerd: Want to bet? Watters: Shouldn't. De Weerd: Any other questions -- Bird: I have none. De Weerd: -- at this point? Okay. Would the applicant like to make comment? If you would state your name and address for the record. Jewett: Yes, Madam Mayor and Council. My name is Jim Jewett. Address 1735 West Franklin, Suite 145. So, the purpose for this development agreement modification is, obviously, an expired preliminary plat that's attached to the original one, which prevents us from analyzing this property going forward without revising the old preliminary plat, which didn't look viable. So, we met with staff to come up with a conceptual plan using mixed use development, you know, looking at what's happening in this part of town, so we came up with this plan and wanted to bring it to Council to make sure that we are on the right path before we go for another preliminary path -- plat. Excuse me. So --and then as we come up with one Nampa Meridian -- we don't own -- or the property owner doesn't own that -- that canal back there, that drainage, but my understand there is -- and Larry probably can testify on that -- there is an agreement with the district -- Nampa- Meridian Irrigation and the city to approve a previous development agreement that allows that bridge to go in and for the construction of that greenbelt back along the back of the property. The second issue is since the original preliminary plat approval back in 2006, I believe, until now, the change in the access requirements on arterials. Back then it was approved with two access points. Today I guess your ordinance allows a single access point. As we all know, Franklin Road is being approved now currently with two access points onto this property. That's the way it was designed and that's the way it's currently being constructed. So, if it's going to be the desire of Meridian City Council May 7, 2013 Page 23 of 46 Council to have just one access point, we have to go back to the drawing board and figure out how to make that work and get with ACHD, so they don't spend money to build up an approach that -- that just simply gets taken out again in six months. The elevations as far as the residential -- this is conceptual, so we -- I talked with Sonya today submitting some plans from our Larkspur subdivision, which would be the same project type, which is just, basically, your empty nester to go along with the senior facility, not unlike possibly the Spring Creek, type of home that's in front of Larkspur. But it was just a little bit premature not knowing what direction that everyone wants to go was do you even like what we want to do and if you don't like -- a different direction, if you want the single access point that's going to change things, I -- it would be the commercial. So, we thought about asking to table this application, but I thought it would be better just to get the input of Council so I know the direction you're going to see this property go. The access points. So, with that (think -- was there another -- so with that I would stand for any questions. I would offer, too, I have been working with Public Works on utility access points for all those other streets, because there is two in the current plans and there is currently an addendum out to us to put utilities in both access points. I don't want Public Works to be continuing down that path if it's really a no. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a comment on the two accesses. I don't have a problem with that. The only comment I would make is that -- if I'm remembering all the iterations of the Franklin Road project that ACHD is doing, it's gone through a few changes, there is a future plan that there will be dividers or planters down pretty much the middle of most of Franklin Road when that area gets busier and busier and more of the property to the west of what we are talking about gets developed. I don't believe that they are putting in any of the medians in now, but they are on plans and it probably wouldn't affect your major entrance, but I suspect at some point the one you're proposing for the commercial entrance is going to be right-in, right-out and I guess my question is would that still work for you. Jewett: Madam Mayor, Councilman Zaremba, the actual plans for that east entrance are aright-in, right-out, left-in. No left-out. It does have a median. It's the only median that's on that stretch of Franklin, but it does have a median and no left out. And I did talk with Tim at ACHD several times today and there is supposed to be some representative of ACHD that could also offer comment on that. ACHD does not have any issues with granting the two. They are deferring to Council here, because it's a city ordinance, but that is a left-in, not aleft-out. Zaremba: Thank you. We have several of those around the city now and I guess they are working okay, but -- the police department doesn't have any objection to them? Thanks, Scott. Meridian City Council May 7, 2013 Page 24 of 46 Colaianni: No. Zaremba: Okay. De Weerd: Certainly we have a representative from ACHD here, so we can ask him as well. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Jim, what are -- what are the sizes of the multi-family concepts you have in mind? Jewett: You mean as far as the individual units? Rountree: Yeah. Jewett: Yeah. They would be generally two bedrooms in that 950 to 1,050 square foot range. Rountree: The multi-family Jewett: Yeah. Multi-family Rountree: Okay. Jewett: The single family will be -- generally where we are going is most of it is between 14 and 18 hundred square feet in a single, not in a two story. And I did look at the elevations that were contained in the original DA and I have no particular issue with those architectural styles. Obviously, our buildings may be different shapes and configurations depending on the final design, but from an architectural point of view those are all very acceptable to us. When we laid out the project conceptually we tried to pick the characteristics that exist on the site that -- the drainage ditch along the back in White Stone we have told them we would do residential there to help buffer them, but also give them the connectivity to get up to this commercial area to that pathway. They currently have no -- they have a pathway platted on their side, but no improvements there. But they have agreed that they would work with us if we got this approval to go ahead and get that pathway open when the bridge gets it all in there. We tried to look at the Hark's Corner and that commercial that we kind of tied into that with their existing driveways and curb cuts on the proposed improvement. De Weerd: Okay. Anything further? Thank you Jewett: Thank you. Meridian City Council May 7, 2013 Page 25 of 46 De Weerd: I did have someone -- couple people who did sign up. You don't need to speak when I mention your name, but if you would like to provide testimony, please, come forward. Doug Thompson signed up in favor of and he said he didn't need to provide any testimony. The second one -- Mr. Roam? I just couldn't read your first name. If you would like to, please, come forward. Signed up as neutral. Is that John or -- Roam: Tom. De Weerd: Tom. Okay. Welcome. If you will, please, state your name and address for the record. Roam: Tom Roam. 150 Eplinger. De Weerd: Thank you. Roam: Okay. So, I live to the east of this project and I asked for the access. I don't really need it, nor am I planning on developing it, but I didn't want to -- in case some day someone wants to develop it or I'm not around or something else. I have been there for 19 years, so chances are nothing is going to happen with my property, but you don't know what the future holds, that's why I have asked for an access. De Weerd: And you're off of Linder; correct? Roam: East side of that property, next to -- De Weerd: Oh. Okay. Roam: -- connects to mine, about 600 feet of it. And so there was that and, then, the other -- one of the other things I had was -- I graze cows currently and I have had problems with people shooting them, throwing things over the fence, shooting golf balls, and it kills my cows. They eat the garbage that comes -- that gets thrown over the fence and things like that and so I'm constantly having to worry about that. So, back on that east side I would like something that was not visual that people couldn't see through, that was tall and couldn't get over. The wall -- the concrete wall has worked out great for me, except for people randomly hitting it and going through it, but other than that the concrete wall is fantastic. Oh. And sometimes garbage gets thrown over the wall and, like I said, I have to go keep on top of it, but some people have been shooting golf balls into the field. Again, it will kill the cows if they eat it and so I am concerned about what kind of a fence would be along that east side, because I'd like my animals to be safe. I have had people trying to shoot them more than once. I don't know. Like kids randomly shooting them, but I have had them try. Fortunately we have caught them before they actually killed an animal. They come along that side and -- I don't know what they are doing, but they do. So, I would like something that's Meridian City Council May 7, 2013 Page 26 of 46 not see through and tall on that side of my property to protect my animals. Other than that I think it's great. De Weerd: Thank you. Council, any questions? Rountree: I have none. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this item? Justin, anything you would like to add? Lucas: Madam Mayor, Members of the Council, Justin Lucas representing the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. I think the applicant's testimony accurately described ACHD's position on the access, so I really don't have anything more to add. We are building those as they are out there now, but that doesn't mean that you don't have the discretion to say you only want one and you could certainly close off an access. So, I want to make that clear. Ultimately it's up to the Council to decide how many access points go there and ACHD will likely follow whatever lead you take on that. De Weerd: Thank you. Anything further from Council? Rountree: I have nothing. De Weerd: Okay. Would the applicant have any final comments? Jewett: Thank you, Madam Mayor and Council. No. We are just looking for your direction and if you advise us how you would like to see this develop and we do want two accesses, we can go back and make reservations -- or revisions or just continue forward with whatever requirement. De Weerd: Thank you, Jim. Hoaglun: Madam Mayor, I did have a question for Sonya. We talk about staff is fine with the cross-access and it would allow -- and there would be removal of the 20 foot wide section of wall that currently separates the property. But if Mr. Roam isn't going to be developing that anytime soon, can we still have that agreement in place and as well as the fence in place and when the comes do it then that might -- Watters: Madam Mayor, Councilman Hoaglun, yes, that would be staffs recommendation that across-access ingress-egress easement be granted at this time, along with the permission for the future developer of that property to remove that section of fence. Hoaglun: Okay. Watters: It would remain as is until that time. Meridian City Council May 7, 2013 Page 27 of 46 Hoaglun: We are not requiring it beforehand, so -- Wafters: No. No. Hoaglun: Okay. Good. Thank you. De Weerd: Anything further needed from Council? Rountree: Madam Mayor, just a question on the second access and our ordinance. Does that -- does that need a variance or can we waive it? Is it one of those things that we can waive? Nary: Madam Mayor, Members of the Council, that is a specific provision of the code and you can waive that. Rountree: Okay. Madam Mayor, if there is no further testimony I move that we close the public hearing on Item 6-F. No. Bird: 6-E. Rountree: 6-E. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the application MDA 13-008 for those modifications requested, waiving the ordinance requirement for just one access and allowing a second access per ACHD's design, but retaining the conceptual building elevations for single family homes in the DA until such time as additional ones can be provided staff and they can be determined acceptable. Bird: Second. De Weerd: I have a motion and a second. Any discussion from Council? Meridian City Council May 7, 2013 Page 28 of 46 Hoaglun: Just a question to the maker of the motion and I think you said all staff and applicant comments. That would include the cross-access agreement that's in the document? Rountree: That would be -- yes. Hoaglun: Okay. Thank you. De Weerd: And the fencing issue. Rountree: That's part of the staff comments. De Weerd: Okay. I'm just trying to -- Rountree: I think it's part of the DA, but -- De Weerd: I don't think that's part of the staff comments, but the -- I'm sorry, Sonya, maybe you can -- Watters: Madam Mayor, Members of the Council, Mr. Roam did ask for a fence. Staff did not have any requirements for a fence in the development agreement at this time. So, if Council would like to do so, please, make a recommendation. The zoning -- the TN-R zoning allows up to a six foot tall fence. Rountree: Too many fences involved with this application. I was talking about the staff's comments with respect to removing fence for access. That's included in my motion. I did not speak to the other fence. Bird: Second agrees. De Weerd: Any further discussion, then, Council? Hoaglun: Madam Mayor? Question for Sonya then. The fence that he referred to, it sounded like he already has a fence in place. Watters: There is a wall. I believe it's an eight foot tall concrete wall on the north boundary in back of the car wash, the gas station and all that that's along there in Hark's Corner, Mr. Roam was asking for a fence here along the east boundary of this site right here, if you can see the arrow. Hoaglun: Okay. That was my question on where was the fence he was referring to versus the fence he wanted, so -- okay. Watters: The existing concrete wall is right across here Hoaglun: Okay. Got it. Thank you. Meridian City Council May 7, 2013 Page 29 of 46 De Weerd: And so, staff, there is no requirement for fencing between these two uses? Wafters: No. There is going to be single family residential next to residential. So, there is no requirement for a buffer or a fence. De Weerd: Don't we usually require a subdivision fence on the property lines? Wafters: It's not required. A lot of times developers will place a fence there, but, no, it's not required. De Weerd: And so Council is not requiring a fence? Rountree: Don't know how Council is going to vote, Madam Mayor. De Weerd: I was just asking for clarity. Okay. Madam Clerk, let's find out how Council is going to vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: RZ 13-003 807 N. Meridian Road by LTD, LLC Located at 807 N. Meridian Road Request: Rezone of 0.74 of an Acre from the R-8 (Medium Density Residential) to the O-T (Old Town) Zoning District De Weerd: Okay. Item 6-F is a public hearing on RZ 13-003. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor. Clarification. I understood that to be no additional fence along the east boundary; is that correct? Rountree: Correct. Watters: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment that I think a development of this area, with or without the fence, is going to help minimize the attack on the cows. There will be more people in Meridian City Council May 7, 2013 Page 30 of 46 the neighborhood, less opportunity, so I'm comfortable not requiring this development to put the fence up. Hoaglun: And, Madam Mayor, I don't think it precludes the developer working with the property owner to the east from putting up a fence, if that is an agreement that they want to reach, so -- I don't know if it was a requirement for us to get involved in that or not, but I -- I'm fine with -- as it is. Watters: Thank you. The next item before you tonight is a request a rezone. The site consists of .47 of an acre. It's currently zoned R-8 and is located at 807 North Meridian Road. The property owner states that this property has been used for a variety of nonresidential uses and believes it was converted from a residence in the late 1970s. The property is currently being used as an office. Planning and Zoning Divisions have no records of the property being approved for nonresidential purposes, however. Assuming that the commercial use of the property, including the parking lot design and the landscaping lawfully existed prior to the effective date of the UDC, the use would be considered nonconforming as it does not conform to current UDC standards. The applicant requests a rezone from R-8 to Old Town, OT, consistent with the future use map designation of Old Town. Approval of the rezone will change the status of the use to a conforming use as a professional service. As such is a principal permitted use in the OT district. However, because of certificate of zoning compliance did not exist for the site one will be required upon a change of use in the future, which will involve improvements to the parking lot to comply with current standards. With a new tenant a certificate of occupancy may also be required to insure compliance with ADA standards and occupancy classification. The property has one access via Idaho Avenue right here. Leads to the parking area on the west side of the lot and is not proposed or approved via Meridian Road. This is Meridian Road. It runs along this side here. Because the structure was constructed in 1905, according to the tax assessor's records, staff did send a memo to the Historical Preservation Commission notifying them of this request. They did not verbally express any concerns at the meeting, nor have they submitted comments since then. The Commission recommended approval of the proposed rezone. Matt Hart testified in favor. No one testified in opposition or commented. Matt Hart did submit written testimony in agreement with the staff report and there were no key issues or outstanding items from Commission for Council. Written testimony since the Commission hearing. Matt Hart submitted written testimony again in agreement with the staff report. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Hearing none, does the applicant have any comments? Good evening. If you will, please, state your name and address for the record. Meridian City Council May 7, 2013 Page 31 of 46 Hart: My name is Matt Hart. I'm with Civil Survey Consultants located here in Meridian at 1400 East Water Tower. De Weerd: Thank you. Hart: Madam Mayor, Council, I don't really have anything to add. I'm just here tonight in case anybody has any questions. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Just look forward to seeing that put into use. It's abeautiful -- it's a beautiful property. Hart: It is. Yes. Thank you. De Weerd: Thank you. Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Seeing none, Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on RZ 13-003. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-F. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 13-003 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve this Item 6-F. Madam Clerk, will you call roll. Meridian City Council May 7, 2013 Page 32 of 46 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Public Hearing: MDA 13-007 Medina Subdivision by William & Mary Howell, Meridian Promenade P1, LLC and Jack in the Box, Inc. Located Southwest Corner of S. Meridian Road (SH 69) and W. Overland Road Request: An Amendment to the Existing Development Agreement for Medina Subdivision to Remove the Requirement for Conditional Use Approval of all Future Uses on Each Lot De Weerd: Item 6-G is a public hearing to MDA 13-007. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for an amendment to the existing development agreement. This site consists of 7.66 acres of land in a C-G zoning district and is located at the southwest corner of Overland and Meridian Roads. The request is to amend the existing DA, which currently requires all future uses on each lot to obtain detailed conditional use permit approval. The applicant's request is to remove the CUP requirement and add language stating: All future uses that conform to the C-G zone would be approved and that any future uses with drive-thru windows within 300 feet of a residential building require a conditional use permit. The applicant states the reason for the request is because the property is bordered on three sides by commercial uses, additionally requiring a conditional use permit for each new use that is in conformance with the C-G district and time consuming and costly and burdens staff with additional work. At the time this DA was approved in 2005 the city did not have design standards. This project predates the UDC. Therefore, conditional use approval was required to insure quality of design of the site and structures. Because the city now has design standards that are applicable to future development of the site, there is no need for a detailed CU approval and approval except for when such is required by the UDC for the use. A drive-thru proposed within 300 feet of another drive-thru facility and existing residents or a residential district is required to obtain conditional use permit approval, as are other uses listed as conditional uses in the allowed use table. Because the current UDC provisions cover the intent of the development agreement for this property, staff recommends this provision be stricken in its entirety or if Council desires to retain the CUP language staff recommends changes that are consistent with the UDC requirements as stated in Exhibit A-2. There are no outstanding issues for City Council and staff is recommending approval of the proposed amendment. Written testimony was received from Jeff Huber, the applicant, in full agreement with the staff report and he apologizes he was not able to attend the meeting tonight, but did want to reiterate that he is in agreement. Meridian City Council May 7, 2013 Page 33 of 46 De Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I probably would favor striking the CUP requirement and leaving the UDC requirement in place, as opposed to rephrasing the CUP requirement in this DA. The UDC requirement is clearer I think in its intent. So, my suggestion would be that we strike the CUP requirement from the DA. I have a sideways question also. As I recall there was lengthy discussion and push back about multiple access agreements on this property at the time that it came through. Do we know if those all got resolved and are there cross-access agreements between what appears to be four, five, six different properties put together? Wafters: Madam Mayor, Councilman Zaremba, there are access agreements with the plat for each internal lot. Zaremba: Okay. Great. Thank you. De Weerd: Any question -- any further questions for staff? Ralph or Frank, do you wish to provide testimony on this item? Just thought I would ask. Bird: Madam Mayor? De Weerd: Mr. Bird, Bird: I move we close the public hearing on MDA 13-007. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 6-G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-007 with all staff recommendations, including the CUP -- Hoaglun: Second. Meridian City Council May 7, 2013 Page 34 of 46 Bird: -- and applicant's agreement. Rountree: Agreement. De Weerd: I have a motion and a second to approve Item 6-G. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Mayor's Office: Resolution No. 13-922: A Resolution Appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission De Weerd: Item 7-A is from the Mayor's Office. Council, in front of you is resolution number 13-922. It's a resolution appointing Stephanie Barnes to six -- or Seat 6 of the Meridian Arts Commission. Commission -- charter commission Meg Glasgow is -- her seat expired and -- and she would like to see the public arts -- public art piece through its conclusion, but she's still caring for her mom and running her business and the many other things that she has going on in her life and she will be severely missed from the commission. This month is her last meeting and so Stephanie Barnes will be filling her seat. I will would entertain any questions you might have. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No question. Quick comment. Meg has done a great job and I think she's been one of the charter members. I don't know if you said that or not, but -- and just a fantastic commissioner on the arts commission. But moving forward, I move approval of Resolution No. 13-922, appointing Stephanie Barnes to Seat 6 of the Meridian Arts Commission. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council May 7, 2013 Page 35 of 46 Zaremba: I just wanted to add my appreciation as well for all the work that she's done. De Weerd: Thank you. And the arts commission will be certainly commending her at her last meeting and giving her a special presentation. Zaremba: Cool. De Weerd: Okay. Thank you. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Continued from April 16, 2013: Fire Department Emergency Medical Service (EMS) Joint Powers Agreement Discussion De Weerd: Item 7-B is continued from April 16th. Staff would like to continue this to May 21st. Mr. Nary, we don't need a motion, we can just set it out to the next agenda. Okay. C. Fire Department: Donation of Self-Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center D. Fire Department: Resolution No. 13-923: Donation of Self- Contained Breathing Apparatus (SCBA) Breathing Air Compressor and Fill Station to Meridian Optimist Youth Training Center De Weerd: Item 7-C is under our Fire Department and I will turn this over to chief. Niemeyer: Madam Mayor, Members of the Council, thank you. I think we can make this quick. This is a request to donate the old SCBA breathing apparatus at Station One. We recently replaced that as part of our capital improvement plan. This is not an item that we could auction off to another fire department based on its condition, so it is truly a disposed item. However, that said, the Optimists Youth Training Center, they do have an air soft rifle club and this piece of disposed equipment could be used to fill those air rifles and so we would like to do that instead of just throwing it away and give back to the community a little bit. They area 501(c)(3). So, we would request that you approve our request to donate this piece of equipment to the Optimist Club. De Weerd: Thank you, chief. Any questions from Council? Meridian City Council May 7, 2013 Page 36 of 46 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That sounds like a great idea. I guess this is a question for Mr. Nary in your risk management position. Should we require some identification on this equipment that says it's not to be used for breathable -- if it's outlived its usefulness and is no longer practical for filling breathing equipment, I think we should put that on the equipment somehow. Nary: Madam Mayor, Members of the Council, I understood it can't be used for that, so it's not that they shouldn't use it, I didn't think they could use it for that purpose. So, it only can be used for the purpose that they are donating it. Zaremba: Okay. All right. De Weerd: Just a statement that we assume no responsibility for it if it works or not. Bird: Yeah. If they plug it in and it -- Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 13-923. Rountree: Second. De Weerd: I have a motion and a second fo approve Item 7-D. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Works Department Report: 8th Street Improvement Project De Weerd: Item 7-E is under our Public Works Department and I will turn this over to Mr. Barry. Barry: Thank you, Madam Mayor, Members of the Council. Good to see you this evening. I want to talk with you briefly about the 8th Street sewer main replacement project. We understand that you have asked that this be placed on the agenda tonight out of concern, possibly, stemming from conflicts regarding the construction timing of this particular project and its proximity with the construction of the split corridor project and also some of the work that's happening with regard to the chip sealing on Linder Meridian City Council May 7, 2013 Page 37 of 46 Road and so I wanted to make sure that you had all the information that you needed in order to give us direction should you see that as necessary. This is a project we have been working on for two years and we have been coordinating it closely for the last almost year or so with ACHD, both in its timing and in the conditions that have been negotiated between our two organizations. I'm going to ask Warren Stewart, our engineering manager, to come up and walk you through the details of the project, its justification, the limits of the work, the approach we have taken to phasing this work and also talk with you a little bit about the pipe conditions that we are dealing with in the 8th Street main and, then, also to share with you our plan to accommodate this work, which is currently scheduled for -- to begin in July of this year, to conclude before the school period starts at the end of August. So, with that I will introduce Mr. Stewart to you and, then, stand for question, along with Warren at the conclusion. Thank you. Stewart: Thank you, Tom. Good evening, Mayor, Members of the Council. I will try to make this brief. As you can see on the slide presentation there are 14 slides, but most of those are photos, so it won't take too long. Bird: It's not 114. Stewart: So, I'm going to do basically three things. I'm going to go through a little bit of the justification behind why we came -- this project came about in the first place. Try and make that brief. I'm going to talk a little bit about the timeline and the events that have taken place up until now and, of course, then getting into the question we are concerned with regards to the other work and construction that's taking place in the area. So, in 2011 as part of the routine -- now routine work and effort of our operations department to essentially clean and camera our sewer system, they identified some sewer lines in the 8th Street area that were in pretty bad shape and they became one of the -- or the high priority on our main line replacement program. They were -- there was a combination of reasons. Some of it had to do with the pipe age. Much if it had to do with the pipe condition and the slopes in there were very flat and there were difficulties in maintaining some of these. One of them didn't -- was in private property and didn't have any easements, which was an issue, and there are others that are still in existence there where we do not have adequate easements for operation and maintenance. In order to figure out how best to address all these problems, we conducted a feasibility study in 2011. Soon after that some of the more serious issues were addressed. One in particular, like I said, was where the line was actually installed on private property and we had no ability to get in and maintain it. After that we took a look at the risks associated with the sewer line and the budget that we had and we developed a three phase approach, which we adopted in 2012 to address these issues. We got approval fora 685,000 dollar budget to complete stage one of that project for 2013, which is currently underway. I just wanted to go over some of the photos real quick that sort of prompted us to put this at the top of the list. These are photos from the actual CCPD work that was done and identified this as one of the highest priorities replacements in the city. These are tree roots that have grown into the pipe and you can see how they would obstruct the flow in the pipe. This is pipe corrosion that has occurred. A lot of this is concrete pipe and as you can see by looking at these photos Meridian City Council May 7, 2013 Page 36 of 46 you can see the aggregate that is sticking out in the pipe. Once upon a time that was smooth concrete and now you can only imagine how much concrete has eroded away in order to leave that size aggregate exposed. So, the wall thickness of this pipe has been pretty seriously diminished. We are concerned about, you know, whether it's got the strength in needs moving forward and also about its hydraulic characteristics of the effluent within the pipe. It reduces the volume of flow that can go down that pipe. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's the scale? What size pipe are we looking at? Stewart: Well, it depends. We have got eight inch to 18 inch -- Rountree: Okay. Stewart: -- on some of this. So, it varies in various different sections. This is just another section showing the corrosion. Once upon a time that was a smooth concrete wall on the inside of that pipe. As you can see it's been seriously eroded. On this picture over here on the left you can actually see a hole on the right side of that pipe and you can see that the wall thickness on that pipe is pretty thin. So, in pretty bad condition. Here is a section of PVC main. As you can see in this particular photo we have got a longitudinal split down one of the sections of pipe. We also have offset joints and a hole in one section and I'm not quite sure how that got there, but there is a hole in the top of that pipe and these are more of the issues that were discovered. Again, just a little bit of corrosion. The lower right-hand corner you can see where we have got groundwater infiltration coming into the pipe, which, you know, degrades our capacity in the pipe and also degrades our capacity at the wastewater treatment plant. Okay. So, based on this information we developed this three phase approach and phase one, as you can see, is kind of that yellow color was identified as the section of main line that needed to be replaced first for hydraulic and plumbing reasons. You have to kind of do this in the right sequence of events in order to make all of the -- all the plumbing work. Phase two is in green and phase three is in the pink and they were phase -- the yellow was anticipated to be completed in 2013 and, then, '14 and, then, '15 for the three different phases of the project. It's important to note -- see if I can figure out how to make this work -- that in this section right here you can see the -- the green lines with the little dots. The little dots represent manholes and the green line represents the sewer line. As it comes down 8th Street it actually comes and goes through the backyards of these folks. There is a very narrow easement that we have over that. There is a fence, landscape, even buildings over the top of that. We have one manhole that's got an actual building over the top of it. So, maintaining that line in the back of these people's yards is, as you can imagine, virtually impossible. So, we are at some point to be moving that line as part of this project out of 8th Street in order to allow that to be maintained properly in the future. Meridian City Council May 7, 2013 Page 39 of 46 Hoaglun: Madam Mayor? De Weerd: Warren, are you moving it or abandoning the old line and putting in a new one? Stewart: Abandoning the old line and putting in a new one. De Weerd: Okay. Hoaglun: And, Madam Mayor, following up on that, then, Warren, you just leave that pipe in there? Do you have to fill it for future collapse? I mean what -- what happens? Stewart: It would just be abandoned in place. We would cap it on both ends and leave it. Hoaglun: And as long as we don't have anything going through it the risk of corrosion in those walls thinning further should be fine, then, is that right? Stewart: Yes. That is correct. Hoaglun: Okay. Thank you. Stewart: So, now I want to just give you a little quick history on the timeline. To that end, that pipe is going to be -- is buried many feet in the ground and as a result of the, you know, additional -- you'd have to -- there would have to be some load placed over the top of it -- significant load that would cause it to -- if there is no -- no more effluent flowing going through there to cause it to fail or to have a catastrophic failure of any kind and it's small in diameter relative to the amount of dirt that's over it. But going through the project timeline and we have already talked about the first few of these. In 2011 the project was identified. We did a feasibility study. In 2012 we initiated the design. In early 2012 property owners along this corridor -- there is 107 of them total. There is 15 of them in phase one. And all of these property owners were -- we met with each one of them. We sent them letters and, then, we went out and met with each one of them. We actually crawled in underneath their houses in many cases -- not us personally, but our consultant, to determine where their service currently exited their home, so that we could plan how to reroute and reconnect those service lines. On 8/15 60 percent. The plans were submitted to various agencies, including ACHD. On 10/1/2012 we had a meeting with ACHD to talk about how this project would move forward and whether there would be road closures and what kind of conditions would be placed on the project and ACHD imposed several conditions on the construction at that time. On 10/29/2012 ACHD sent us an a-mail approving the construction and added an additional condition that work be done during the summer when school was not in session, which we, of course, concur with. And, then, on 4/19 -- I guess on 4/10 there was another discussion with ACHD about the conditions and planning of the project and on 4/19/2013 apre-bid meeting was held. At that pre-bid meeting ACHD had two representatives from two different departments. One was a representative from the Meridian City Council May 7, 2013 Page 40 of 46 department -- the traffic division, which we had already obtained commission and approval for the project with certain conditions. There was another representative there from another department and they sort of got in somewhat of a debate about the project. As a result of that meeting Tom Barry and Director Wong had some conversations about the project itself and the conditions of construction and the timing of construction and so forth. In order to accommodate those discussions we did an addendum, which was addendum number one, which postponed the bid date for the project in order to give us time to iron those things out between ACHD and the city. After we felt like we had sort of ironed those things out with Tom and Director Wong, we issued a second addendum to the project on 4/30, which lifted some of the restrictions. Now, the reason behind the lifting of those restrictions was to allow the contractor to get in there and complete the work on -- even quicker. We now anticipate that the project -- the project duration is less than 60 days. That's what they have in their contract. But based on some of the comments we have received from the bidders, the changes in the construction timeline and the ability to close the road down will actually allow them to complete that work in maybe as little as 30 days and be able to reopen that road. On 5/3 of '13, which was just last Friday, a bid opening was held and bids ranged from 365,000 to 679,000 dollars, which is -- you know, the 600 -- the higher end of that was essentially our -- you know, where we had budgeted for. We feel like we got a very good bid and the bid came in from a contractor which we have done quite a bit of work for. We feel like there is -- or has done quite a bit of work for us and been successful, so we feel like it's a bid that they will honor, so we are grateful for that. Save us some money potentially. Now, here is the -- the question that has come up since then and that is how does this project move forward with the other projects or how does it look as it moves forward with the other projects in the area and one of the questions that has come up is there is presently some work going on on Linder Road due to overlays and there is a section south of Cherry Lane, which is actually out right now, they have actually started construction on that. They did some initial test strips to determine the right mix. They anticipate that that project will be completed by May 17th. This is an overlay project. It's not like they are going to be tearing out the entire road. The northern piece from Cherry Lane to Ustick will start on May 13th and they anticipate that being done by May 24th and that was based on my conversations with ACHD just this day and so as you can see from that, those projects on Linder Road should be complete at least a month in advance of when we would start the 8th Street project and the other project -- and, of course, everybody is familiar with what is going on, the split corridor project, and I had another conversation with Justin at ACRD today and verified with him that ACHD believe they are on track, that the contractor's on track to complete the paving and have a limited reopening of Meridian Road from Pine to Fairview by mid-July and what they mean by that is they anticipate that they will allow local traffic and all crossroads will be -- all crossroads will be open and local traffic will be allowed. They don't want to open it up so that traffic off of Fairview or Cherry can go south, because they are afraid of the bottleneck that may occur when they get down to Pine. But in light of these issues we feel like there are some mitigating factors, if you will. When we take into consideration that condition of that pipe line and the need for us to move forward, we feel like we have been trying to work diligently with ACHD to come up with a plan that will allow us to move forward with that project and minimize the impact on the Meridian Cily Council May 7, 2013 Page 41 of 46 public. We know that there are concerns about that. We certainly know that there is frustration that has surfaced with regards to the split corridor, which I think everybody expected some of that and we feel like that the -- you know, based on these mitigating factors and the things that we are doing, that, you know, we can move forward with this project. It will have an impact certainly, but we feel like we have done everything we can to minimize that and make it as palatable as possible. And with that I would stand for any questions that you may have. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: First question. Go back to the first line of your segmented -- I think your second or third deal in. Not this one, because this one don't look the same. Go back to the phasing. There we go. I need to erase that line I put on there. Bird: You're going to stop at Carlton? No. You're going, what, one lot past Carlton to the corner? Stewart: No. It's actually just the fat line. It will stop at Carlton. Bird: That's what I thought. So, you're not going to be -- you're not going to be able to shut off that existing sewer line until after 2015. Stewart: Well, there is going to -- yeah. Part of that will not be redone. We have -- like I said earlier, a lot of hydraulic issues and plumbing issues that have to take place, so we have to start on the downstream end and work back up the chain and -- that's the sequence we are working on. Zaremba: Madam Mayor? Bird: Looks good to me. De Weerd: Any other questions? Mr. Zaremba. Zaremba: Madam Mayor. Two questions. One of them I guess on that same subject. When it is time to abandon the existing pipe that's under people's properties and stuff, do we also need to abandon that little easement? Would it be wise to carry that through the legal process and no longer have any interest or encumbrance on those properties? Stewart: Madam Mayor, Members of the Council, I see no harm in that. Zaremba: Okay. I think that's probably a good idea. Okay. And, then, my second question is are you also coordinating with what the park is doing in the 8th Street Park? Meridian City Council May 7, 2013 Page 42 of 46 I forget their timing, but they are going to be -- they have a project going on the 8th Street Park to add a shelter and redo the playground and I thought there was a sewer line that goes through the park that was going to be moved or maybe it's a water line. But, anyhow, are you working with the Parks Department as well? Stewart: Madam Mayor, Members of the Council, Council Member Zaremba, yes, that's actually to the north out by the water department so, it's, I don't know, at least a half a mile I think north of this site, but, yes, we are and we have a project going on this year, in fact, that will replace or will build a future replacement line through that park area. We are not going to build the whole replacement line at this time, we are simply going to build that section that would be underneath their park, so that that's in place prior to their -- construction of their park, so we don't have to impact that in the future. So, yes, we are doing that. That project is actually taking place this year and it's out by the wastewater -- or out by the water department. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I wanted to make sure I understood your response to Councilman Bird. Will Carlton Street be closed in the first phase? Carlton -- West Carlton Avenue when -- as they come down 8th will that be closed? I mean it will be closed going to the north, but can someone still travel east-west on Carlton crossing 8th Street in the first phase? Stewart: Madam Mayor, Members of the Council, Councilman Hoaglun, I'd have to go back and look at the plans. I know we are planning to go to Carlton. That's essentially the stopping point. Just exactly whether it's on the north side of Carlton or in the middle of Carlton or on the south side, without going back and looking at the plans, I apologize, I couldn't tell you exactly where they are going to stop that. Hoaglun: You know, the local traffic opening on Meridian Road, I mean that's local, it really doesn't help the through traffic. I means that's -- and that's where we are struggling right now as we saw just doing the Linder overlay with that being open is a huge inconvenience for people. It really puts loads on other streets, north-south accesses, that really slowed things down and even though Linder would be open and there is probably heavier -- more heavily used than 8th Street, it definitely does shift things around and -- and trying to find ways that -- and if Carlton were closed that, you know, makes it more difficult for people to get from A to point B with streets already closed. So, I am curious about that. And there is -- it sounds like there is no way to flip phase one with phase three for this first year, so that was -- when you mentioned you have to work your way, what, downhill or uphill or whatever -- uphill. Yeah. That didn't work, so -- and, then, my only last question would be -- if we move forward with this and when the calls come to the Mayor's office complaining about it, they can reroute those to Public Works; is that correct? ~ Meridian City Council May 7, 2013 Page 43 of 46 Hood: I'd like to add planning and particularly my line to be included in that request, please. Barry: Madam Mayor, we will have to request another staff position for that. Bird: Holy cow. Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, I think Councilman Hoaglun had some good points here, but Ithink -- I think your plan is fantastic seeings how I have lived on that street for 48 years. Your biggest -- your biggest traffic congestion is at school time, morning and pick up time. I think that if you can get that done in your timeline to Carlton Ithink -- I think we will be okay and if I remember right, the manhole that is in Carlton is about in the center of the street. Ithink there is one already there when they redid the -- we got the curb and stuff. Maybe there isn't. Or is that up -- that must be east there as it comes across. Okay. Ithink we will be fine. They are not -- you will be done with Linder -- the overlay will be done with Linder all the way to Ustick, so I -- it's something we need to get done. I'm sure that pipe is a horrible deal. It's been in 48 years this June. I know for a fact. Stewart: Madam Mayor, Members of the Council, there was one question that came -- kind of came up. I thought maybe there is some additional information I had from ACHD that might be helpful. ACHD sent over to me today some information on traffic counts before the split corridor project and traffic counts now on 8th Street and just so you will know the impact there. The traffic counts before, essentially, the project were around 2,000 cars a day or -- yeah. Essentially 2,000 cars a day and average ballpark there are about 3,000 now with split corridor. So, we have, essentially, got about a thousand trips per day that are, essentially, going to be impacted by that fora 30 day period. When you think about the volume of traffic -- so, to sort of put that in perspective when you think about the volume of traffic, the difference between the 8th Street and Linder Road, those numbers would be significantly higher. So, is there an impact? Sure. But Linder Road is certainly much more substantial as far as closure. Hoaglun: Madam Mayor and Warren, as you do phase one and you come down are they going to close the whole street from Carlton to Cherry right off the bat or are they going to start progressing with work, so someone could come up heading north on 8th Street to Carlton and maybe even to the next street --Ithink that's Maple. I can't remember just -- Bird: Camelot. Hoaglun: What is it? Cavalen? Bird: Camelot. Meridian City Council May 7, 2013 Page 44 of 46 Hoaglun: Camelot. Just to the south of the school property or is it just going to be all closed off? How -- is that going to be phased as they construct it or just close it all off and dig everything up? Stewart: Madam Mayor, Members of the Council, Councilman Hoaglun, you know, it's up to the contractor. We simply -- we provide them with certain conditions and limitations and they had -- in the original con -- or in the original bid documents we had, essentially, required them to maintain at least one lane of traffic through the whole project, but -- and restricted the hours that the project could take place. By doing so it extended the duration of the project fairly significantly and in discussions with ACHD, even ACHD decided they would rather get this project done fast and allow a closure of the road. So, the contract or the bid documents allow that road to be closed. Just how the contractor chooses to close it -- if he closes it in sort of a sequence or if he closes the whole thing, I do not know. It will be -- that will be part of what he will have to come up with. He's -- the means and methods are to up the contractor. We simply give him the conditions. He has 60 days to complete it. He is allowed to close the road. We have received some feedback from the contractors that if -- with these new conditions which have been allowed, with longer working hours and allowing full closure, that they feel like they can get done in approximately 30 days. At least substantially complete and allow the road to reopen. De Weerd: Well, I will tell you that lessons learned with the closure of Meridian Road is we need to do a better job of communicating with -- ACHD admits that Linder Road happened by mistake and -- because I called them and said are you guys communicating with each other and now add another north-south road in the mix, how well are we communicating and I think we need to include our emergency responders in -- in these discussions and recently even the discussion that we have with the upcoming Ten Mile is -- is providing some real challenges to respond to and making sure we communicate well with our public. So, I appreciate that Tom, you and Director Wong, are communicating and trying to coordinate these things to a better degree and he is looking at how they can better communicate internally as well, but we need to do, too, in looking at our emergency responders when putting an alternative plan together for projects like this when we do a full road closure, how are we going to respond with our emergency responders in those areas and have that plan developed up front, instead of as we learn when the roads are closed. So, if we can just kind of put our heads together and find better ways to -- to start being a little bit more proactive in developing those plans and making sure that, number one, we have a communication plan. Number two, we have an emergency response plan and that we minimize the number the roads that closed at any one time. I think when they closed the intersection of -- of Fairview and Meridian and, then, they decided to close Franklin that same weekend, it was like, oh, good Lord, this -- we need to work on this stuff, so --anyway, if can get our heads wrapped around that, I think we have seen enough examples of what we don't want to see done again to now bring us to the table to say how can we do this better. But I do appreciate you talking about this, seeing the best timing for the contractors to get in and out and that's perfect. Appreciate that. Okay. Because our phones light up Meridian City Council May 7, 2013 Page 45 of 46 and it's been giving some extra entertainment to our volunteers at the desk out in front, so -- anything further from Council? Okay. Thank you, Warren. Thank you, Tom. Bird: Warren, thank you. Item 8: Ordinances A. Ordinance No. Proposed # 13-1555 (number not assigned): 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 De Weerd: Okay. 8-A was requested to move to May 14th. And so we will reset that to May 14th. B. Ordinance No. Proposed # 13-1556: An Ordinance Amending Title 1, Chapter 7, Section 5, paragraph (A) (1) of the Meridian City Code, Regarding Time of the City Council Regular Meetings; and Providing an Effective Date Approved De Weerd: Item 8-B is Ordinance 13-1556. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1556, an ordinance amending Title 1, Chapter 7, Section 5, Paragraph A-1 of the Meridian City Code regarding time of the City Council regular meetings and providing an effective date. De Weerd: I don't see anyone who would like to hear it read in its entirety. Council? Nary: Madam Mayor? De Weerd: Oh. Sorry. Nary: I didn't want to read it. I wrote it. But Iwas -- Madam Mayor, Members of the Council, I just wanted to make note just for the record, this will go in effect for June. So, this covers all of the noticed items that you have for the rest of the month of May. This will go into effect on your first meeting in June, so -- Bird: And Mayor? De Weerd: Mr. Bird. Meridian City Council May 7, 2013 Page 46 of 46 Bird: I move we approve Ordinance No. 13-1556 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-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. Item 9: Future Meeting Topics De Weerd: Council, any items to consider for future meeting topics? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Not a future topic, but we will be having our May 21st meeting the 22nd, because we are holding elections the 21st. Just a reminder so I won't forget. De Weerd: Well, thank you for reminding you. Okay. With that said, do I have 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 8:58 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~,~~- MAYOR TA~df DE WEERD 5 ~ ~ ~~3 DATE APPROVED ATTEST: EEC~JLMAN, CITY ~44~¢PZ SiD AU~~~TI yG ~9 -.> ~w ~~- City of /'Vl ~ IDIA N~- IDANO ~ ~+ ~, SEAT. "' F v Zr ~P~ ~~n~rAc THE AS~PO