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HomeMy WebLinkAbout2013-09-17E IDIAN-^-' CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, September 17, 2013 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted (Pg 2-3) 5. Consent Agenda Approved (Pg 3-4) A. Construction Management Agreement with Ewing Company for Meridian Public Safety Training Center for aNot-to-Exceed Amount of $373,335.00 Moved to Item 6 for Discussion -Approved B. Award of Bid and Approval of Agreement to Precision Communications (PreCom) for "WWTP Process Control Network Upgrades" for the Not-To- Exceed Amount of $342,167.00 C. Award of Bid and Approval of Agreement to Post Drilling for "Well 16b and Well 16c Production Wells -Construction" for the Not-To-Exceed Amount of $208,805.00 D. Approval of Purchase Order No. 13-0335 for FY14 Desktop PC Purchase to Hewlett-Packard for the Not-To-Exceed amount of $54,484.00 E. Approval of Professional Services Agreement to Real Animal Management for "Goose Control Management" for the Not-To-Exceed amount of $24,510.00 F. Resolution No. 13-944: A Resolution Approving the Initial Bylaws for the Meridian Transportation Commission Meridian City Council Meeting Agenda -Tuesday, September 17, 2013 Page 1 of 3 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. Approval of Development Agreement: AZ 13-003 Woodburn West Subdivision by Northside Management Located North of W. Ustick Road, Approximately 1/4 Mile East of N. Linder Road Request: Annexation and Zoning of 25.8 Acres of Land with an R-8 Zoning District 6. Items Moved From Consent Agenda Item 5A Moved Here -Approved (Pg 4-5) 7. Department Reports: A. Mayor's Office: Resolution No. 13-945: Appointing Dakota Seal as a Youth Commissioner to the Meridian Arts Commission Approved (Pg 5-7) B. Mayor's Office: Resolution No. 13-946: Appointing Joely Walters as a Youth Commissioner to the Historical Preservation Commission Approved (Pg 5-7) C. Mayor's Office: Resolution No. 13-947: Appointing William Fitzgerald as a Youth Commissioner to the Parks and Recreation Commission Approved (Pg 5-7) 8. Action Items A. Public Hearing: TEC 13-005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Continued to October 22, 2013 (Pg 7) B. Public Hearing: PP 13-017 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty- Eight (38) Residential Building Lots and Four (4)Common /Other Lots on 13.56 Acres of Land with an R-8 Zoning District Approve with Conditions (Pg 7-21) C. Public Hearing: CPAM 13-001 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 9.41 Acres from High Density Residential to Industrial Approved (Pg 21-27) D. Public Hearing: RZ 13-007 Baltic Place Addition Located South of E. Franklin Road and West of E. Kalispell Street Request: Rezone of Approximately 9.41 Acres from the R-40 (High-Density Residential) Zoning District to the I-L (Industrial) Zoning District Approved (Pg 21-27) Meridian City Council Meeting Agenda -Tuesday, September 17, 2013 Page 2 of 3 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. 1. Public Hearing: PP 13-015 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Preliminary Plat Approval for Two (2) Buildable Lots on Approximately 9.41 Acres in a Proposed I-L Zoning District Approved (Pg 21-27) E. Public Hearing: MDA 13-013 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Recorded Development Agreement (Instrument #102090926) for the Purpose of Excluding the Proposed Baltic Place Addition Property and Modifying Certain Sections that Reference the Development of the R-40 Apartment Parcel Approved (Pg 21-27) F. Public Hearing: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument #107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations Approved (Pg 27-31) 9. Continued Department Reports A. Continued from September 10, 2013 Legal Department: 2013 Addendum to Lease Agreement Between Lakeview Investors, LLC and the City of Meridian Approved (Pg 31-32) 13. Public Works: Continued from September 10, 2013 -Public Works/Legal Departments: Discussion of Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District" Will bring back on September 24t" or October 1St. (Pg 33) C. Public Works: City of Meridian Idaho Standards for Public Works Construction (ISPWC) Supplemental Specification Update (Pg 33-45) 10. Ordinances A. Ordinance No. 13-1577: An Ordinance (AZ 13-003 -Woodburn West) For Annexation ~ Of A Parcel Of Land Located In The SW '/4 Of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved (Pg 46) 11. Future Meeting Topics None (Pg 47-48) Adjourned at 8:25 p.m. Meridian City Council Meeting Agenda -Tuesday, September 17, 2013 Page 3 of 3 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 September 17, 2013 A meeting of the Meridian City Council was called to order at 6:15 p.m., Tuesday, September 17, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons. Warren Stewart, Jaime Leslie, Chris Amenn, 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. I'd like to welcome everyone here. We always appreciate people joining us for our City Council meetings. So, welcome. I will go ahead and open our regular City Council meeting. For the record it is Tuesday, September 17th. It's 6:15. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, Larry. It's always good to see you. Woodard: It's always my honor to be here also. I might just add that I caught on television last night that there is a court suit moving to the Supreme Court this year about prayers in City Council meetings, so -- De Weerd: Would you pray about that. Zaremba: Pray for that as well. Meridian City Council September 17, 2013 Page 2 of 48 Woodard: So, let's pray. Our dear Heavenly Father, as the weather cools and fall approaches we thank you for the crisp mornings and the pleasant days. As citizens of this city we also thank you that -- for our long summer of orange barrels throughout the city is about over and we thank you for the foresight of this Council about improving our city transportation systems. Today I pray for their continued good wisdom on a variety of issues, increased population shifts to our city which impact schools, fire, police, city water, sewage --just to name a few. We have a good city where it is safe for children to go outside and play and, our dear Heavenly Father, we want to keep it that way. I pray tonight for the unborn in this community, that we can provide the services and care these new children will bring to our city. I pray for our health professionals in this time of healthcare transition and that the fine quality care we now have is not reduced because of government red tape. And I pray about this lawsuit that's winding its way through the court system, that we will be able to continue to invoke your care when cities meet throughout the country. Watch over the deliberations tonight that they be fair and equitable. Bless the Mayor and these Councilmen, along with the many city employees who serve us, in Jesus' name, amen. De Weerd: Thank you. And just for a point of clarification, our -- our community invocation can be led by any member of our community and they are all welcome to contact the city clerk's office to lead us. This is, you know, an expression within our community and certainly a tradition that -- that we hold dear and those that do not wish to pray, it is an opportunity for that moment of reflection that we can all set our minds to a certain mind set and remember the important things that we hold near and dear to our lives. So, we don't do that to offend anyone or to take away anyone's freedom, it is -- it is something that's been a priority in our city to set our minds in the right place. So, we appreciate you leading us today, Larry, and thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: That was well said, by the way. We have some changes on our agenda for tonight. Under the Consent Agenda, 5-A, there is a request to move this to Item 6 for discussion purposes. Item 5-F is Resolution No. 13-944. 7-A, under Department Reports, is Resolution No. 13-945. 7-B is Resolution No. 13-946. 7-C is Resolution No. 13-947. Under Action Items, 8-A, the applicant is requesting to continue this item to October 22nd of this year. And under Ordinances 10-A, that is Ordinance No. 13-1577. So, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. Meridian City Council September 17, 2013 Page 3 of 48 De Weerd: I have a motion and a second adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda B. Communications (PreCom) for "WWTP Process Control Network Upgrades" for the Not-To-Exceed Amount of $342,167.00 C. Award of Bid and Approval of Agreement to Post Drilling for "Well 16b and WeII 16c Production Wells - Construction" for the Not-To-Exceed Amount of $208,805.00 D. Approval of Purchase Order No. 13-0335 for FY14 Desktop PC Purchase to Hewlett-Packard for the Not-To- Exceed amount of $54,484.00 E. Approval of Professional Services Agreement to Real Animal Management for "Goose Control Management" for the Not-To-Exceed amount of $24,510.00 F. Resolution No. 13-944: A Resolution Approving the Initial Bylaws for the Meridian Transportation Commission G. Approval of Development Agreement: AZ 13-003 Woodburn West Subdivision by Northside Management Located North of W. Ustick Road, Approximately 1/4 Mile East of N. Linder Road Request: Annexation and Zoning of 25.8 Acres of Land with an R-8 Zoning District De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor, there -- we have moved 5-A to Item 6 for discussion purposes. So, that is removed from the Consent Agenda. 5-F is Resolution No. 13- 944. So, with that, Madam Mayor, I move we approve the Consent Agenda and the Mayor to sign and Clerk to attest as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion, Madam Clerk. Meridian City Council September 17, 2013 Page 4 of 4S Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda A. Construction Management Agreement with Ewing Company for Meridian Public Safety Training Center for a Not-to-Exceed Amount of $373,335.00 De Weerd: We did remove Item 5-A under six and we will hear that item at this point. Leslie: Madam Mayor, City Council, we -- this is a contract agreement with the Ewing Company for the construction management services for the public training facility. The reason we moved it off the Consent Agenda and into discussion was to make some clarifications. The fee on it is 373,335 dollars. That's a fixed flat fee with a not to exceed amount. The part that's not included in that contract is the general condition reimbursable. We estimate those costs to be around 85,000. Those will be billed at direct cost, no markup to us as they are incurred by the construction management company during the process of the construction. Those type of items would be temporary electricity, temporary water, heat, that type of thing for the construction site. So, just to make a clarification, the amount for their services is 373. The construction reimbursable is not within that original contract. Any questions on that? Does it make sense? De Weerd: Council, do you have questions? Bird: I have none. But I wanted to make sure everybody -- if they have got any questions. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to be sure, is that a not to exceed amount or is that just an estimate right now for the construction reimbursables? Leslie: I think it's an estimate at this point. Hoaglun: Thank you. Bird: The biggest issue we had on estimating that cost was depending on the time of the year that you start construction, whether you don't have to use heat. We think that estimation is high, but it is an estimation. Meridian City Council September 17, 2013 Page 5 of 48 Hoaglun: Thank you. De Weerd: Okay. Anything else from Council? Thank you, Lieutenant Leslie. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the construction management agreement with Ewing Company for our public safety training center in an amount not to exceed 373,335 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion on this item? 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 7: Department Reports: A. Mayor's Office: Resolution No. 13-945: Appointing Dakota Seal as a Youth Commissioner to the Meridian Arts Commission B. Mayor's Office: Resolution No. 13-946: Appointing Joely Walters as a Youth Commissioner to the Historical Preservation Commission C. Mayor's Office: Resolution No. 13-947: Appointing William Fitzgerald as a Youth Commissioner to the Parks and Recreation Commission De Weerd: Under 7-A, B, and C, Council, we did interviews on appointing a youth commissioner to these three commissions. You earlier voted two others that were requested by the commission to continue to serve as their youth representative. We have an outstanding slate to bring to you on each of these three commissions. I would ask if you have any questions and, if not, I would entertain a motion to approve these three appointments. Bird: I have no questions. Meridian City Council September 17, 2013 Page 6 of 48 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I will kick off the first one. I move approval of Resolution No. 13-945, appointing Dakota Seal as youth commissioner to the Meridian Arts Commission. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-A. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: So, Joely Walters as the parks -- or as Historical Preservation Commission. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of Resolution No. 13-946, appointing Joely Walters as youth commissioner to the Historical Preservation Commission. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-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. Hoaglun: And, Madam Mayor, it might be Joely Walters, not -- De Weerd: It is Joely. Hoaglun: Okay. I mispronounced that. De Weerd: That's all right. Item 7-C is under our Parks Commission. Meridian City Council September 17, 2013 Page 7 of 48 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Resolution No. 13-947 appointing Williams Fitzgerald as the youth commissioner to the Parks and Recreation Commission. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-C. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Action Items A. Public Hearing: TEC 13-005 Cavanaugh Subdivision by Trilogy Development, Inc. Located Southeast Corner of S. Meridian Road and E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 8-A has been requested by the applicant to continue to October 22nd. I will go ahead and open this public hearing and entertain a motion to continue this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 8-A, TEC 13-005 to October 22nd. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: PP 13-017 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty-Eight (38) Residential Building Meridian City Council September 17, 2013 Page 8 of 48 Lots and Four (4)Common /Other Lots on 13.56 Acres of Land with an R-8 Zoning District De Weerd: Item 8-B is a public hearing on PP 13-017. 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 a preliminary plat. This property consists of 13.56 acres of land, is currently zoned R-8, and is located south of East McMillan Road and west of North Eagle Road on the north side of East Wainwright Drive. This site was annexed in 2005 with an R-8 zoning district and preliminary platted as Milford Creek Subdivision. A development agreement was not required as a provision of annexation. A final plat was approved in 2007, but never received city engineer signature and the preliminary plat has since expired. The proposed plat consists of 38 building lots and four common lots on 13.56 acres of land in the R-8 zoning district. The gross density is 2.8 dwelling units per acre, slightly under the target density of the medium density residential designation for this property. There is an existing home on Lot 4, Block 4, that is proposed to remain. That is that lot right there that I'm pointing to. The existing barn is proposed to be removed and it is located right here. The primary access for this subdivision is at the south boundary via East Wainwright Drive. West Milford Drive, an existing stub street, is proposed to be extended at the east boundary and a stub street is proposed at the west boundary for future extension. The existing home has an easement to access North Eagle Road, which staff is recommending no longer be used. Access via Eagle Road is prohibited. This home currently takes access via Wainwright Drive and the applicant requests Council approval to retain this access. A 20 foot wide street buffer is required along Wainwright Drive, a collector street. This buffer is required to be extended across the lot, where the existing home is located. A total of 1.64 acres of qualified open space is proposed consisting of a pocket park and landscape street buffers and parkways. Playground equipment is proposed as a site amenity as shown in accord with UDC standards. No new fencing is proposed. However, there is an existing six foot tall fence, as you see here in the picture, located at the back of the existing sidewalk where the existing home is located that does not comply with the city's fencing standards and will need to be removed or relocated to the back edge of the required street buffer. The North Slough crosses the northeast corner of this site right here. The applicant requests a waiver from Council to allow the canal to remain open due to its large capacity and not be piped as required by the UDC. As it extends along the northern boundary and through the adjacent Zebulon development it is open. The Commission recommended approval of the subject preliminary plat. Becky McKay testified in favor at the hearing. No one opposed the application. Mark Thompson and Dave Bellamy commented and written testimony was received from Becky McKay in response to the staff report. Key issues of discussion by the Commission was the requirement for a street buffer adjacent to Wainwright Drive in front of the existing home on Lot 4, Block 4, and the existing access easement via Eagle Road for the existing home. Commission changes to the staff recommendation. They requested a modification to 1.146 is Exhibit B to clarify that alternative compliance can be requested to UDC 11.3B.7C.2A to allow the street on Lot 4, Block 4, to be placed within an Meridian City Council September 17, 2013 Page 9 of 48 easement, rather than a common lot as required by the city code, so that the lot meets the minimum street frontage requirements or if the street buffer is in a common lot, Lot 4 shall be provided street frontage within the subdivision on North Syracuse Way. Alternative compliance may also be requested to the width of the street buffer required by the UDC in front of the existing home and staff would just like to clarify in Condition 1.1.4, if the existing -- if the lot where the existing home is located is provided with street frontage from within the subdivision, the staff report inaccurately states that minimum 60 foot wide street frontage is required, that's the normal street frontage required in that district, however, they could do a flag lot with a shared driveway. So, staff does request that that wording be changed to comply with UDC standards for frontage. There has been no written testimony since the Commission hearing and staff will stand for any questions that Council may have. De Weerd: Council, I'm going to take a point of privilege for a moment. I didn't notice that Joely is in our audience and I did want to -- and I called her back as I saw her leaving. So, first, I would like to apologize that I didn't recognize you and at least offer -- I'm really going to mess up this public record on this item, but would you like to make any comment? I can tell you that this was one of our number of summer interns and we have seen her work ethic and we have seen her interest in the historical preservation piece to this. Certainly she lights up when she thinks of it and talks about it. So, we look forward to you serving and please accept my apology for not seeing you out there. I even had my glasses on. So, we welcome you to that commission and excited to have you serve as our youth representative. So, thank you for coming tonight. We greatly appreciate it. Thank you. And thank you to your parents for joining you, too. So -- okay. So, now that I -- I have admitted my faux pas there -- Council, do you have any questions for staff at this moment? Bird: I have none. Rountree: I have none. De Weerd: Sonya, I do have a question regarding -- with the removal of the existing fence and moving it back, one of the concerns is always who maintains between the fence and the sidewalk? Will they be constructing a new fence and creating a -- kind one of those no man lands that you see off and on up and down, our arterials? Watters: Madam Mayor, Members of the Council, no. That would be maintained by the homeowners association. If it's an easement it would just be maintained. If it's a common lot the developer would have to work with that homeowner to possibly purchase that property. But I think the best way to do it on -- in this situation would be an easement. De Weerd: Well, I kind of beg to differ, because I know of several easements that are not maintained or the HOAs have gone defunct and so now it's just a code enforcement issue and people on the other side of the fence oftentimes don't realize that they have responsibility for that easement area in maintaining it, so -- Meridian City Council September 17, 2013 Page 10 of 48 Watters: It would be set up just like the rest of the common area in the subdivision. The HOA would be responsible for maintenance. De Weerd: Okay. As long as there is an HOA. Watters: Yes. Yeah. There is -- there is all this common area. See on the landscape plan there -- De Weerd: Yeah. And some of our other areas it's -- you know, we have older voluntary HOAs and now it's a little bit different. Watters: Yeah. And there is a street buffer along the rest of the subdivision, too. This -- this existing home is just at the far right-hand corner right here. So, there will be a buffer along the rest of it also. It will just carry across the front of that property. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: While she's on that particular lot, you had mentioned a flag lot doing away with that existing easement. What would that look like? Are we talking that second lot in? How would -- how would they structure -- yes? Watters: Excuse me. Madam Mayor, Council, the property --the lot where the existing home is would carry a flag out approximately where this line is at. It would need to be a minimum 30 feet wide and I believe that's with ashared -- maybe it's not with a shared driveway. Thirty feet without a common driveway. If they want do a common driveway with that adjacent lot it could be reduced to 15 feet. Hoaglun: And that would still -- Madam Mayor and Sonya, would that still meet the minimum lot width for that particular lot? Watters: Yes. It would meet the minimum frontage requirements, which is the issue. Hoaglun: Okay. Watters: So, it's kind of a special circumstance. This isn't normally how -- you know, when you're trying to retrofit an existing home in a lot in a subdivision you run across problems, because the residential district requires that you place the common area street buffer in a common lot, rather than an easement in residential districts. But, then, you have issues of the street frontage. Hoaglun: And, Madam Mayor and Sonya, on this the barn is going to go way, but there is -- it looks like a second outbuilding. Is that their garage? Meridian City Council September 17, 2013 Page 11 of 48 Watters: I believe it is. Hoaglun: So, they would have to flip their garage to gain entrance if they are coming off from that side and the driveway is on the opposite side, they would have to flip that. Watters: I assume so, but I'm not positive. The applicant could probably answer that. Hoaglun: Okay. Thank you. De Weerd: Anything further from Council at this point? Would the applicant like to make comment? McKay: Thank you, Madam Chairman. Becky McKay with Engineering Solutions. Business address 1029 North Rosario, Meridian. I'm here this evening representing Traditions by Amyx II on this particular project. Just to give you a little bit of history, we brought this project through -- I believe it was back in like to 2006 or '5 as a -- as a preliminary plat. It had lots that were about 6,200 to 8,200 square feet. We went ahead and designed it, got final plat approval, then, the recession hit, the project changed hands and eventually went back to the bank. The existing home that fronts on Wainwright was part of my original annexation, part of my original plat. When the developer ran into financial difficulties, they illegally spun the home off and sold it. When I was informed of that, I told them that they couldn't do that, it is not eligible to be divided. The home was on a septic and well. They said we just really don't have a choice. Mr. Mark Thompson has since purchased the home. He's the second owner after the developer illegally divided it. So, when we decided to bring this particular project in when it was acquired by Mr. Amyx from the bank, I had Mr. Amyx contact Mr. Thompson and say are you aware that you have purchased an illegally divided lot that was originally proposed as part of a subdivision. He said he was not aware of that, of course, and so we -- we convinced him with, obviously, some concessions on our part to, you know, be included in this, legalize his lot. He has connected to city sewer and city water that we provided in Wainwright when we built phase two and he has been working along this process with us. Obviously it's foreign to him and so we have run into a few issues with some of the other conditions on the application. But he's been willing to work through the problems. The home has been there since 1976. Originally it had an easement that went out to Eagle Road through the D&G Nursery and there -- it was an existing ditch that the -- it was kind of a ditch rider's road, an access road, that ran out to Eagle. We piped that ditch with a 12 inch gravity line. The access is still there, but when we built Wainwright, which is in the city of Boise, along with the office lots that front on Eagle Road, he began taking access to Wainwright, which is a collector. Also, just for your information, a signal was installed and is operational at Wainwright and Eagle Roads, so we do have a signalized intersection at that half mile now, which all of the residents of our subdivisions there are excited about. Mr. Thompson does not want to, obviously, give up his easement, because he has to maintain that 12 inch line. It's a private ditch that comes off the Settlers Canal and comes down along that particular property line. It also feeds our pond and our pressurized irrigation system within the Zebulon Heights development. What you're Meridian City Council September 17, 2013 Page 12 of 48 looking at here is about ten lots less than was originally proposed. Our lots in this particular development are a minimum of 9,000 square feet versus the 6,200. We have got about an average of 10,800 square feet in lot size. We have maintained the linear open space through the project. We are connecting to the west to Zebulon, connecting to the east to Milford No. 1, which is a residential development within the city of Boise, and we meet all the standards as far as the Comprehensive Plan. As far as density standards we're sitting at I think 2.80 with a net density of 3.44. We have two and a half acres. Or ,sorry, 1.64 acres of open space. We have 12 percent eligibility open space. We are going to have detached walks, playground equipment, within our linear landscaping. We will have pedestrian access. We will also be sharing the recreational opportunities that exist within the Alpine project. This will be a part of it. We have built our swimming pool facility. We have apath -- multi-use pathways that run through it. So, it will be a part -- and be a part of their HOA. In reviewing the staff report we, basically, were in agreement with all conditions that are applicable to the development. The only -- the only issues that we had were associated with Mr. Thompson. If Sonya could pop up my picture. When -- one issue that was brought up with the staff is the location of this existing fence. It's been there since about 2005 -- or, no, 2003. Sorry. So, it's been there about ten years and when we did the original office facility that was in the city of Boise, we have an access that was directly across from this home. The property owner at the time said I want access to your collector, but I don't want the headlights from your office lots shining into my home and so a requirement at the city of Boise -- because the roadway is in the city of Boise and so is the fence, because the city limits are two feet beyond the back of lot and the fence is at one foot. As you can see the yellow is the city of Boise. So, the fence is in Boise and Boise having put the fence in to keep the headlights from my driveway, from my collector, because he was on that curve from hitting his home and bedroom windows. So, it's been there for ten years. And Mr. Thompson -- I talked to him about, you know, could we move the fence and install a new fence. He said I want the fence to be there. You know, I have my yard established. I have my driveway. I want the fence to stay. So, it's kind of one of those sticky wickets that always falls in my lap, because I guess it's just my luck. We are asking that we can leave the fence. I mean it was there as part of a Boise city project, it's in the city limits of Boise. His lot's in the City of Meridian, but the fence is right there in the right -- right there at the edge of the right of way. So, I guess I'm asking under 1.1.6 that the fence be allowed, since it lies within the city of Boise, was part of the office complex for the appropriate buffering of his home that it remain. There are no driveways on his side -- oh, there we go. That gives you kind of an aerial view. As you can see we have four -- a four office complex and they utilize that driveway right there in front of his home and that's where the fence is, right at the -- as you come out of the curve of that collector and right there in front of his home. So, we -- you can see that there is the little dirt road that's over that pipe and, then, his yard begins. You know, we have the 20 foot landscape lots along the collector roadway throughout the Zebulon project. Even in the original Milford we -- we had that lot fronting on Wainwright. I can't fund it anywhere else, because their garage is oriented that way. His yard, his landscaping, everything is that way and, like I said, it's been there since 1976 and I mentioned to the Planning and Zoning Commission you know, we had to do a lot of talking, convincing, to get him to obviously work with us, be a part of this, clean Meridian City Council September 17, 2013 Page 13 of 48 this problem up that was caused by a previous owner. We don't want to penalize him for jumping on the boat and trying to be part of the solution and so the Commission was sensitive to -- to our plea and I think in their motion said, you know, we hope the Council -- we don't have the authority to grant you any deviations or waivers or leniency, but the Council and we hope that they can do so. The other condition that we worked with Sonya on I think can be dealt with on alternative compliance. We did receive an a-mail from Sonya. We have prepared application for alternative compliance that has to do with the 20 foot landscape buffer. If you do a 20 foot landscape buffer, like the ordnance mandates for along a collector, then, his lot doesn't have any street frontage. He has no frontage to a public street. If we do it as an easement, then, we have the issue of maintenance and he doesn't want to change his yard and so I guess I'm trying to leave Mr. Thompson as intact as possible, but yet he's hooked to sewer, he's hooked to water, he will have the option of connecting to our pressurized irrigation. He also has a little well that he wants to retain for irrigation purposes. But we have cleaned up all of the messes that have transpired during this lovely recession. I don't think that this -- you know, the alternative compliance is going to be an issue. Staff seems to think it's reasonable and it makes sense. I guess we have the issue of the -- of the fence. I don't know what to do with that. I don't believe it can be handled as an alternative compliance. But we are not creating any clear vision issues and since it's in the city of Boise and was part of another project, I don't know what to do with it. So, I'm asking for a little leniency. Mr. Thompson is here this evening to basically give the Council a statement or answer any questions. Everything else as far as we were concerned on those conditions of approval associated with this development are acceptable. I'd answer your questions. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Becky, just a question on the -- to the left of the property in question where the barn is, where will that line -- lot line -- the east -- it would be development of the eastern line, will that be up against the trees? I'm looking at the driveway to the curb cut that's made there. How far back will that property extend to? Because it looks like to me he's almost got a circular drive and I was wondering if that was disappearing. Where will his western boundary be and the subdivision's eastern boundary be in conjunction to that barn and to the tree and to the street -- from the barn to the street? McKay: Madam Mayor, Council, Councilman Hoaglun, the furthest north accessory building will be removed. That is not on Mr. Thompson's property, that is on Mr. Amyx's property. Hoaglun: All right. McKay: And so it will be -- it will be removed. Mr. Thompson's property -- I think we have set the property line right along -- right along the -- so, he can keep his trees. I think that was one of the issues, and, then, it came down like that. Meridian City Council September 17, 2013 Page 14 of 48 Hoaglun: Well, Madam Mayor, Becky, the line you just drew, then, on -- to the west, then, it's pretty much lined up the way it is now? McKay: Yes. Hoaglun: It doesn't get any closer. McKay: Yes. Hoaglun: Okay. McKay: And so he would still have the access to his detached garage and maintain his current driveway and everything that he has. So, we -- in fact, part of the plat we are adjusting the property boundary and they are exchanging property to kind of square him up, if that's possible, and what made sense so he could keep his trees and landscaping, because they didn't really pay that much attention when they created the artificial boundary when it was illegally divided. Hoaglun: Okay. Thank you. De Weerd: Any other questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, is the approach to the property in question, to the Thompson property, is that in Boise or in Meridian? Meridian's boundary? McKay: Hold on. Sonya, how come I'm not going. I'm trying to switch it. Watters: Did you press the color? McKay: It won't let me switch. I'm trying to turn it off. Watters: Because I had it. I don't know what going on on your end, Becky McKay: I just wanted to switch to the approach -- the close up of the approach on my slides. Excuse me. Madam Mayor, Councilman Rountree, his approach was built when we built the collector with the Boise city project. So, we do have an approach there, because I believe that is vertical curb. It's an actual approach. So, we have vertical curb with attached five foot walk and, then, he has like a -- kind of like a commercial approach. It would be the same -- the same type of approach we have that's on the south side. So, yes, the approach was built with the Boise city project. There is the Meridian City Council September 17, 2013 Page 15 of 48 Boise city limits. You can see his boundary right there. His property kind of is this right here. De Weerd: So, Becky, the fence is on whose property? McKay: The fence is right there at -- it's like a foot in the right of way. De Weerd: It's in the irrigation easement? McKay: There is an easement for the irrigation line and an access easement and it's right there just at the edge of the -- De Weerd: Well, I see where it is, but who owns it? McKay: Who owns the fence? De Weerd: Who owns the land it's sitting on? McKay: Ada County Highway District. 'Because the right of way is two feet from the back of walk and it looks, based on -- it looks like the fence is about a foot in. Because we were allowed to put it on the gentleman's boundary, because we didn't -- he wanted the fence and they put -- it looks like it was installed just right there at the right of way. It appears one foot in. De Weerd: This is weird. McKay: It's very weird. But it was done ten -- ten years ago. Ten years ago. De Weerd: Well, even ten years ago it would be weird and you don't see that happen -- yeah. Okay. McKay: We don't typically have like the office lots with approaches directly across from the front of the homes on a new roadway. It was a weird situation. He requested -- or he didn't -- Mr. Thompson didn't, the property owner at the time requested the fence. De Weerd: So, that fence was there when they annexed it in 2005? McKay: Yes, ma'am. De Weerd: Okay. McKay: It was. De Weerd: And who was -- who did the illegal split? McKay: Mr. Buich: Meridian City Council September 17, 2013 Page 16 of 4a De Weerd: Okay. Okay. McKay: Who was the original developer when we brought it through as Milford No. 2. De Weerd: And there was no discussion about the fence at that time? McKay: No. De Weerd: Any other questions from Council? Well, I do have one person that signed up. Mr. Thompson, if you'd like to provide testimony. Thank you for joining us. If you will, please, state your name and address for the record. Thompson: Mark Thompson. 2980 East Wainwright. De Weerd: Thank you. Thompson: Block 2, Unit 2, whatever it is. As you know, I bought this property without -- with what I thought was clear title. I haven't taken that up with the title insurance yet, but -- so, we are trying to fix this. The problem I'm having is, A, I don't want to lose 20 feet of my property, 90 feet wide, 20 feet long, because that would require me to move my fence in. I cannot live without the fence. There is just too much lights coming down that road. So, I would like the fence left where it's at so that I can finish my landscaping all the way out to the edge of my property. There is -- I do have an irrigation ditch that also traverses under this property. There are two. There is one going off to Zebulon and there is a second that feeds that main ditch that's just down from my property by a few feet, so -- I do have water rights to them, too. I don't know if that matters, but -- because I do get my irrigation water from there also. As for a -- the clearance on my property on the west side, I have a ten foot clearance from the edge of my garage to the edge of the property line. So, I do not have sufficient room to make my circular driveway as it is. I would -- there are -- oh, there is at least four trees in the way at the moment. So, I have enough room to get past my garage, barely, but that's about it. I do have a circular driveway, but it's going to be closed off, but that's not a terrible problem for me, so -- as for exit out the back, very undesirable. Trying to get out the back of my property would put my garage door about 50 feet from my front door -- well, actually, from my back door in that case. What else? As for the -- if it comes down to the splitting of the lot for the buffer zone, I would prefer that Zebulon buy the property, so I have zero maintenance and/or liability for it, if it comes down to that. That would be -- that was an easement. I don't know want to buy liability down the road if the homeowners association goes bankrupt or anything, so -- on top of that I'm not sure -- can we even put the fence by the irrigation ditch, so -- because there is an irrigation ditch right down the middle of that. There are -- there is two irrigation ditches, actually. Two side by side. Let's see here. And I think that's about it. Oh. As for my easement, I have -- I have an easement that, basically, gives me access out to Eagle Road. I would prefer to keep it. I have no intention of using it, but I don't see any reason why I should have to give it up just -- so, that's about it. Meridian City Council September 17, 2013 Page 17 of 48 De Weerd: Thank you. Council, questions? Hoaglun: Madam Mayor. Quick question, Mr. Thompson. When you exit your property do you back out onto Wainwright or do you loop around and come out -- Thompson: I loop around. Hoaglun: Do you? And so asking, Becky, about this property, how far that extended west. Because it looks like from that one aerial photo there was another car there. So, you can back out of our garage, loop around that tree, and, then, come out facing forward? Once this development goes in are you still able to do that? Thompson: Probably not. It would be -- I don't know the exact location of the property line and depending upon how many trees we have to take out, there are about 12 20 plus year old trees in that whole area right now. My current property line I have two trees. All of the rest go around us. So, when we straighten the property line out there will be a series of pine trees that will probably have to come out or be on someone else's property, so -- Hoaglun: And, then, Madam Mayor, to follow up. Then if that happens, if that property line shifts enough, you don't have the circular way to get out -- come out, would you, then, back out to Wainwright or would you back into the easement -- Thompson: I would back into my easement area. I would have to create a turnaround area right there. Hoaglun: Okay. Thompson: So -- my driveway is relatively wide right now, so -- but with egress, the windows -- and my house and such, I lose another six feet to make my basement legal. So, it's -- you know, it's a problem no matter how I turn. De Weerd: Welcome to Meridian. Hoaglun: Okay. Thank you. Thompson: Thank you. Rountree: Madam Mayor, I have a question for Mr. Thompson. De Weerd: I'm sorry. Mr. Thompson? Thompson: Yes. Meridian City Council September 17, 2013 Page 18 of 48 Rountree: You mentioned it -- it was a question I was going to ask you. Have you exercised your title insurance company on this particular issue? Thompson: Not yet. Rountree: It seems to me that you have a pretty reasonable recourse and it could solve the problem for all of us. Thompson: Yeah. Maybe. Except the exceptions to my title insurance are quite large and I'm sure the attorney fees will bankrupt me before I got through it. But I haven't tried them on yet. At this point we have been working with Zebulon, they have been able to pretty much deal with all of the associated cost issues. But in terms of -- if there was anything that comes up I will take it up with them. Rountree: I think that would be a good idea. Bird: Yeah. Rountree: No matter what the outcome. Thompson: Okay. De Weerd: Any other questions? Bird: I have none. De Weerd: Thank you. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Becky, do you have any closing remarks? Council, any questions for the applicant or for staff? Bird: I have none. De Weerd: Okay. If there are not any further questions or comments, I would entertain a motion to close the public hearing. Or you could discuss it before you close. Rountree: That would be a good idea. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just throw a comment in for further discussion I guess. I have no difficulty leaving Mr. Thompson's property the way it is or as he and the developer has worked out their agreement for the duration of his use of it. I do have a concern at some point -- I guess first I need to ask the question. Are we sure that Mr. Thompson's property is being zoned the same zone as the rest of the subdivision? Meridian City Council September 17, 2013 Page 19 of 48 Watters: Madam Mayor, Councilman Zaremba, Councilmen, it's all zoned the same, yes. Zaremba: Okay. So -- Watters: It was previously zoned. Zaremba: My concern is somebody converting it to a different use in the future and having that different access. If that is not a real problem, then, I don't have difficulty leaving Mr. Thompson with whatever agreement he has worked out. Bird: I agree. De Weerd: Yeah. I would agree not to mess with it. It seemed like the previous owner messed with it enough as it is. Rountree: Madam Mayor, I -- I really see no other way out, but it kind of goes against my feelings about justifying a wrong. To me we are legitimizing this and -- or probably will be. It happens too often these splits that are illegal after the fact, after something reasonable is done with the property and, then, you get stuck with these issues that you can't really come up with a reasonable solution. De Weerd: It sounds like, though, the current property owner and the applicant have tried to work out the issues as they can and -- Rountree: It wasn't their fault. De Weerd: Yeah. Rountree: Probably several parties removed. De Weerd: Well, with that said, do I have a motion to close the public hearing? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on PP 13-017. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 17, 2013 Page 20 of 48 Hoaglun: Madam Mayor, for discussion purposes, the easy one is waiver of piping for the back ditch or slough. That's not being required to be piped elsewhere and I think that's an easy one to agree on and on condition. The fence and existing house access, my line of questioning -- I was trying to determine the safety of Wainwright. Once full development occurs to the west of the property there is going to be a lot more traffic on Wainwright and coming out facing the street, as opposed to backing out in the street is -- is a better way to do it and he does have -- using the -- the ditch area as a way to come back and back up and, then, pull forward and to be facing the traffic and I certainly go along with that. The fencing issue, yeah, it's -- there is no good answer on this. Councilman Rountree raises a legitimate issue about legitimizing past wrongs, but in trying to find a solution for this kind of creates other issues and so I'm tending to leave that fence in place and leave the access as is and we move forward. It's going to be another one of those places in the community that it was there before the growth happened and sometimes these things are -- that's the way it's going to be. And I do think Councilman Zaremba brings up a good point not allowing it to change to something else down the road, leaving it to be a residence and having it work that way. So -- so, if I make a motion it's probably going to include those things, unless someone wants to jump in and make another motion. Bird: Go for it. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Councilman, I just suggest one item. Looking at the picture, that that approach should be surfaced. Bird: Yes. Hoaglun: Councilman Rountree, Madam Mayor, how far in would that approach be surfaced? Zaremba: I believe ACRD would suggest 15 feet as a minimum. Watters: Madam Mayor, Councilman Rountree, I believe it's 30 feet into the site that ACHD requires. Zaremba: That sounds right to me. Bird: Yeah. De Weerd: That would be a condition to the development, not to the property owner. Bird: No. Meridian City Council September 17, 2013 Page 21 of 48 Zaremba: Madam Mayor? And -- De Weerd: Mr. Zaremba. Zaremba: -- the maker of the motion, is that in lieu of the required landscape buffer and setback? Hoaglun: That's my -- Zaremba: I'm thinking it is. Hoaglun: -- intention, yes. De Weerd: There is no motion yet, but --good point of discussion. Zaremba: He's preparing a motion. De Weerd: Anything further? Okay. Hoaglun: Well, Madam Mayor, I will give this a try here. I move approval of PP 13-017, with the following conditions: That there is a waiver for piping of the slough. That the six foot fence on the existing home can remain in its location. That the existing access to the property be maintained with an approach that is to be surfaced to ACHD minimum standards, which I believe to be 30 feet. And that would be in lieu of landscaping and buffer zones that we have discussed. That's all I have in my notes, Madam Mayor. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. Just a quick recognition. Ken is sitting in our audience and I just want to -- to congratulate him. We had 230 kids at our youth summit all day today and I keep looking at my yellow fingernail thinking I do remember what happened. They painted our fingernails. Not all them, just one. But congratulations. That was very well put together. You and Sergeant Gonzales outdid yourselves. So, congratulations. Meridian City Council September 17, 2013 Page 22 of 48 C. Public Hearing: CPAM 13-001 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 9.41 Acres from High Density Residential to Industrial D. Public Hearing: RZ 13-007 Baltic Place Addition Located South of E, Franklin Road and West of E. Kalispell Street Request: Rezone of Approximately 9.41 Acres from the R-40 (High- Density Residential) Zoning District to the I-L (Industrial) Zoning District 1. Public Hearing: PP 13-015 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Preliminary Plat Approval for Two (2) Buildable Lots on Approximately 9.41 Acres in a Proposed I-L Zoning District E. Public Hearing: MDA 13-013 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Recorded Development Agreement (Instrument #102090926) for the Purpose of Excluding the Proposed Baltic Place Addition Property and Modifying Certain Sections that Reference the Development of the R-40 Apartment Parcel De Weerd: So, Item 8-C, D, D-1, and E are public hearings that I will open at this point. Public hearing for CPAM 13-001, RZ 13-007, PP 13-015, and MDA 13-013. I will open all these public hearings and ask for staff comments at this time. Parsons: Thank you, Madam Mayor and Members of the Council. The next item on the agenda is the Baltic Place Addition Subdivision. The property was annexed and zoned and platted in 2001 and received planning and development fora mixed use development consisting of commercial along Franklin Road and, then, a 228 unit multi- family development south of that. Currently surrounding this property we have Medimont Subdivision, zoned I-L to the east. To the south we have some commercial property zoned C-G. To the west we have the cemetery and, then, as I mentioned earlier, we have C-G to the north, which was platted with Baltic Place Subdivision in 2001. Currently this project is sitting vacant at this time. The applicant is here this evening to discuss changing the land use designation on this property from high density residential to industrial. They are also proposing to rezone it from the R-40 zone to the I-L zone. Preliminary plat the 9.41 acres with two industrial lots and, then, of course, modify the development agreement and that requires the property develop with multi- family development. So, you can see here currently I have a rendering of what is Meridian City Council September 17, 2013 Page 23 of 48 currently proposed as an approved land use and, then, to the south -- this southern exhibit shows what it would look like being industrial. The graphic to the right -- excuse me -- to the left shows what we have planned for as far as zoning opportunities in the future. I wanted to point out to Council this evening that a majority of our land uses provide for residential zoning and commercial zoning and a small sliver allows for employment or slash industrial. The other item I wanted to point out to you, justifying this map change is the fact that a lot of this graphic shows what is currently going to be zoned, it's not necessarily zoned to this date. The other item -- and Council is aware of this -- is over the last several years we have seen quite a bit of increase in our multi- family developments in the city and this is just one way -- if you look at the surrounding land uses it makes more sense to go back to an industrial use. I'd also point out to you to the east of this, along Locust Grove, we have a mixed use designation on those properties in which the city envisions some kind of residential component with that land use in the future. So, looking at the surrounding area and what's occurring there, staff feels it's appropriate to go to an industrial. It doesn't make much sense to have multi- family there to the south of that commercial development. As I mentioned to you earlier, the applicant is proposing a two lot industrial subdivision. Lot 1, Block 1, will be a five acre parcel. Lot 2, Block 1, will be a 3.93 acre parcel. Access to this development will be provided from South Baltic Place Avenue, which is at the north boundary -- south boundary and, then, there is East Kalispell Street at the northwest -- excuse me -- southeast corner of the site. Both streets are going to terminate in cul-de-sacs. ACHD has commented on that and they do agree with the termination of those streets as cul- de-sacs. The applicant -- development is proposed to Lot 1, Block 1. You can see here there is a driveway that will connect that lot to both cul-de-sacs for future connectivity and, then, Lot 2 will also have access to this cul-de-sac as well. Because both streets have frontage on local streets staff is not recommending across-access agreement between the two lots. Here is the proposed landscape plan. Minimum required by the UDC is a ten foot landscape easement along the cul-de-sacs. The plan before you this evening depicts that and shows the required trees within that landscaping. As I mentioned to you -- or failed to mention, H.D. Fowler is looking at developing Lot 1, Block 1, which is the northern lot here. The concept plan here shows an 8,000 square foot office building and an 8,000 square foot warehouse with a secure storage yard. So, if you're not familiar with H.D. Fowler, they -- basically a contractor's yard, they store fire hydrants, water pipe. They have been looking for quite some time and they feel they have found the right spot for -- in Meridian to stay local and stay within Meridian. I would mention to you that there is no development proposed for Lot 2, Block 2. That would happen at a future date when something else is proposed. Here is the existing -- or proposed elevations this evening. Staff doesn't have enough details to provide you whether or not this meets our design review standards, but moving forward and working with the applicant we will insure that the site does develop in a fashion consistent with both the UDC and the Meridian design manual and I'd mention to you the current development agreement does restrict the use of the site to an apartment building or apartment use. So, currently what we are proposing to do is, basically, remove this property from the existing development agreement and we are proposing that the H.D. -- or this subdivision enter into a new development agreement and these other three provisions that we are recommending with that DA this evening. Planning and Zoning Meridian City Council September 17, 2013 Page 24 of 48 Commission did recommend approval at the August 15th hearing. Becky McKay testified in favor of the project. She also provided written comments in favor of the project and in support of the conditions of approval. I would mention to Council that we are recommending a change to condition 2.2, which is a Public Works condition and, basically, what we want to add language that requires a PRP at Kalispell Street if necessary to provide adequate fire flows for Lot 2. I spoke with Mr. Stewart this evening, he's amenable to that -- as modification to that condition as well. Staff has not received any additional testimony since the P&Z hearing and at this time I would stand for any questions you may have. De Weerd: Thank you, Bill. Bill, I guess I just have maybe a comment. As -- as we look at that area I think this is a very reasonable and needed change. Bird: Yes, you bet it is. De Weerd: I would be however concerned about keeping the area to -- I think it's the west of it that's in green right now -- residential. I think you can talk to any one of our industrial users and having apartments next door is not desirable and we may want to mark that as item to consider as we look at comprehensive change that might be city initiated. At least working with the property owner and having a conversation. Just my thoughts. Parsons: Madam Mayor -- Madam Mayor, Members of the Council, it's currently green, but it is designated civics, because it's a cemetery, it's not a residential designation -- De Weerd: Oh. Parsons: -- on that site, so -- De Weerd: Well, people are not going to be moving out of there. Zaremba: I would say there is plenty of people there, but they -- Bird: They are not going to be testifying either. Parsons: And certainly when that property comes in and requests annexation, we will find an appropriate zoning designation for that property as they -- they have spoke with the city on potentially expanding their use on the site and annexing into the city, so at some point we could see zoning happening on the property and being within the city limits. De Weerd: Thank you, Bill. Any comments to Bill? Rountree: No. De Weerd: Okay. Becky. Meridian City Council September 17, 2013 Page 25 of 48 McKay: Becky McKay. Engineering Solutions. 1029 North Rosario. This one's a lot easier than the last one, I promise. As Bill indicated, back in 2001 initially this particular property was designated industrial. They came through and asked for change of designation, annexation, and amulti-family and I think Mr. Bird -- I think I was here that night, even though that was not my request -- my project -- indicated that he didn't want to lose anymore industrial property, because we had, you know, all these industrial corridors along -- along the railroad and Franklin that we need to preserve and he was absolutely correct, because this never panned out as amulti-family site and it just sat there for all these years. I think going back to a redesignation as industrial makes sense, looking at the development that surrounds it and the cemetery, obviously, is an amenity to the west. And so we think this is a good fit for this particular area. The H.D. Fowler Company already has an existing facility in Meridian, which they have outgrown. They have been looking diligently. They wanted to stay in Meridian. They wanted to be along the Franklin Road corridor. We think this is a good fit. We are providing access to Kalispell for their lot in the event that Franklin Road is ever access restricted to right- in, right-out or if there are any problems, so they do have access to a local street and alternative second access to the roadway network. They will be coming -- bringing application to the staff for design review. Their architects are working on their building and the actual specific site plan. We have kind of given the concept -- rough concept to kind of see where they would build their office and their storage building. They will provide screening. It will be a secured facility, since they do have expensive materials on site. We don't have a particular user for the Lot 2, which is just a little under four -- four acres. It is our hope that -- that down the road there will be a user. Right now there are conversations -- the cemetery is inquiring about their ability to acquire that particular lot. So, don't be surprised if -- if that over time transpires. We are going to go ahead and put in the facilities and -- as far as the permanent cul-de-sac, because we don't have permanent turnarounds at Kalispell or at Baltic Place and we will go ahead and move the water through from one roadway to the other and provide a sewer service just in case it does not go -- become part of the cemetery. But that is a possibility. The Hunter Lateral to the south is already piped. Nampa-Meridian piped that at the request of the cemetery, because they did acquire some additional property adjoining the cemetery here I think a year or so ago. So, we think this is a good fit. We ask the Council to -- to approve this and H.D. Fowler it is their intent to get started as soon as possible. In fact, we are already working on our design and they are working on their building plans. So, this will be going up probably throughout the winter and spring, online next year. Do you have any questions? And we are in agreement with the conditions. I'm sorry. With the exception that Bill mentioned. We just had the staff add an option for us. We don't want to spend money if that becomes a cemetery lot -- spend 50,000 dollars for nothing. If the fire flow is not needed and I don't think they would need any fire flow. De Weerd: Council, any questions? Bird: I have none. Meridian City Council September 17, 2013 Page 26 of 48 De Weerd: Certainly won't ask for any comments. Okay. Thank you, Becky. McKay: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing that there is no more testimony, I move we close public hearings on CPAM 13-001, RZ 13-007, PP 13-015, and MDA 13-013. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-C, D, D-1, and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no discussion, I would move that we approve CPAM 13-001 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve RZ 13-007 and to include all staff and applicant comments. Meridian City Council September 17, 2013 Page 27 of 48 Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 13-015 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve this item. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-013 and to include all applicant and staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Meridian City Council September 17, 2013 Page 28 of 48 Agreement (Instrument #107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations De Weerd: Okay. Our next item is 8-F, which is a public hearing on MDA 13-014. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Cope Subdivision DA modification. The site is located near the south -- or northeast corner of South Meridian Road and East Overland Road, currently zoned C-G within the city. This property was platted and zoned in the city in 2006 and was proposed to develop with a four lot commercial subdivision. At the time that the applicant came before you they did not really have a vision for the property, but Council wanted to insure that a concept plan and elevations were tied to that site moving forward. This is what they brought forth to you. They showed a concept plan that showed a 65,000 square foot hotel oriented -- oriented towards Meridian Road. They had a 10,500 square foot multi-retail pad site here in this northeast corner and, then, they had a 3,500 square foot multi-tenant building in the southeast corner. At the time they came forth with the elevations they were proposing stucco, stone wainscot, highlighted entryways, pretty consistent to what's developed in the area. Since then there is a new owner on the property and they purchased Kendall Ford and they are looking to expand their business onto this site and in the original DA -- the recorded DA requires compliance with those submitted elevations. So, the applicant is here this evening proposing a new concept plan and new elevations for this site. So, moving forward here is the existing concept plan -- or the proposed concept plan here shows a 10,800 square foot sales facility and service building here, with the potential to expand to the west, which this is a 15,500 square foot pad site and, then, you would have two additional pad sites along Meridian Road -- or, excuse me, East Overland Road. So, rather than orienting -- orienting the building towards Meridian Road, they have elected to orient it south of the side. More than likely this area will become some of their display area for their sales vehicles moving forward. At this time there were no other elevations provided for you this evening. The new elevations here only depict this pad site or the sales and service building, we are looking at a mix of metal siding, split faced block along the bottom of the building, wainscoting, essentially, and, then, window store front here to display some vehicles as well. I'd also mention to Council that they are currently planning a remodel for the Kendall Ford site across the street. Similar building materials are also proposed on that structure. Staff has approved that -- those improvements on that site. Looking at these elevations we find that it is pretty substantial -- they are substantially compliant with those elevations. So, it makes sense to have that cohesive design theme between both properties and I think that was the intent of the Council back in 2006 when you required administrative design review for this site. You wanted to insure that there was an attractive development on this piece of ground, especially along that Meridian Road corridor. One thing I did want to mention to you, as -- in the interim a lot of this area will be paved. It will be a display of vehicles and so that's certainly something you should consider this evening looking at this concept plan and looking at these elevations that right now phase one is primarily this structure and the rest of this will more than likely be paved until buildings are proposed Meridian City Council September 17, 2013 Page 29 of 48 for this structure. So, what staff has tried to do in moving forward is we certainly want to amend the development agreement, update the owner information. Currently -- it was Van Auker previously. Now we have a new owner, Meridian Auto Mall, LLC. We also want to tie the applicant substantially to the elevations that they proposed in Exhibit A-4 and also require compliance with the submitted concept plan. We want to insure that at least we get more than just a parking lot and one structure on the site. So, I think that's an important provision moving forward and also more than likely when they come in with their other buildings on the site they will have to come back through design review and CZC approval as well. Staff has received written testimony from the applicant. They are in agreement with the recommended provisions before you this evening. To staff's knowledge there aren't any outstanding issues before you and at this time I'd stand for any questions you have. Hoaglun: Thank you, Bill. Council, do you have any questions for staff? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I'm trying to see if my memory serves me correctly. I was under the impression that after the Car Quest building was built -- that's the metal siding building next to the Chamber of Commerce and is the ugliest building in -- in the city, I thought we had outlawed metal siding after that and -- tell me a little bit more about the design review process if you would, please. Parsons: Sure. Councilman Zaremba, Council Members, currently the way our ordinance -- currently the way the UDC is structured metal siding is limited to an accent material. The intent is to limit standing seam metal siding, so your typical rib siding material. This is a little more upscale siding material similar to what you see on the new school district buildings where it's smooth metal paneling. It really actually gives you more architectural element and relief than what you would think. It's not your typical tilt up metal building kit that you put together and assemble on a site. And we met with the applicant several times and we felt there was a lot of metal on the building, but looking at what's happening across the street, looking at how they are trying to address the interior and the street edge, we actually had them add a lot more of the upper end metal on it than what you see here. So, certainly they are not through design review yet, this isn't -- that's why we leave it loosely substantially comply, because if it's your desire to get something a little more esthetically pleasing and less metal, then, we certainly want to communicate that to the applicant. But right now the way it's designed, given the higher quality of metal that's on there, staff is supportive of it. It blends in with the area. It will blend in with the Ford dealership. But ultimately it's not decided until they go through design review. And, of course, this public hearing process. Zaremba: Thank you. I appreciate that. De Weerd: Any further questions for staff at this time? Meridian City Council September 17, 2013 Page 30 of 48 Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? You will have to make comment up here on the record. Welcome. If you will, please, state your name and address for the record. Marshall: Scott Marshall. Straightline Architects. 4521 South Cloverdale, Suite No. 102. De Weerd: Thank you. Marshall: Thank you for reviewing this application for us. If you would like me to expound on the metal siding and the back and forth that I had with the city designer I would be glad to do that. De Weerd: Council, any questions? Bird: I have none. Zaremba: I think as long as there is still a design review I'm comfortable with what you're working out. Marshall: Okay. De Weerd: Thank you. Marshall: Appreciate it. One of the -- one of the things that we wanted to make sure that we did was compliment the forthcoming Meridian Ford remodel and it's going to be -- use a lot of the same shapes and the same materials and we kind of wanted to have kind of a campus feel. So, that's kind of where we are headed, so -- De Weerd: Well, thank you. We appreciate you being here this evening. This is a public hearing. Is there anyone who like to provide testimony on this item? Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have another question for staff if I may. And, actually, this was probably an ACRD generated question, but I will ask Bill anyhow. It appears that this property is proposing a driveway onto Overland and I'm -- I'm concerned that that should be a right- in, right-out. I know that the public street next to it, which appears to be Country Terrace, there is a crest of the hill around there someplace that makes left turns out of Country Terrace fairly dangerous and I would think that left turns out of this driveway Meridian City Council September 17, 2013 Page 31 of 48 would be even worse, so my question is is there a restriction that that driveway be right- in, right-out? Parsons: Madam Mayor, Councilman Zaremba, you're correct. When the plat came through back in '06, '07, there was a restriction that this be a right-in, right-out only access and that's what it will be. Bird: Yeah. Zaremba: Great. Thank you. De Weerd: Okay. Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing nothing further, I move we close public hearing on MDA 13-014. Rountree: Second. De Weerd: I have a motion and a second to approve -- or to close the public hearing. 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 13-014 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-F. 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: Continued Department Reports Meridian Cily Council September 17, 2013 Page 32 of 48 A. Continued from September 10, 2013 Legal Department: 2013 Addendum to Lease Agreement Between Lakeview Investors, LLC and the City of Meridian De Weerd: Item 9-A was continued from September 10th. I will turn this over to our legal department. Nary: Thank you, Madam Mayor, Members of the Council. We probably could have put this on as a Consent item, but because it was a staff report last week we left it on as a staff report. All that was requested -- Mr. Baird did the report and there was some misunderstanding and there was a clarification in the addendum to the golf course agreement that would make it clear that this ground maintenance provision that's part of the addendum is simply replacing the existing exhibit that's already in the agreement and so if you will see in your packet that's -- the wording was changed. Mr. Oaas was notified. He had no objection to that. He's already signed the agreement. So, this substitution was done with his Consent. So, it is ready for your approval. De Weerd: Any questions from Council? Bird: I have none. Rountree: None. De Weerd: Okay. Zaremba: Thank you for your work on it. And Ted's work. Nary: I will pass that along. De Weerd: Okay. Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the 2013 amendment to golf course lease agreement. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council September 17, 2013 Page 33 of 48 MOTION CARRIED: ALL AYES. B. Public Works: Continued from September 10, 2013 -Public Works/Legal Departments: Discussion of Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District" De Weerd: Item 9-B. I assume I'm turning this over to Warren Nary: Actually, Madam Mayor, it's -- it's me. De Weerd: Okay. Nary: Madam Mayor, Members of the Council, we are very close on this agreement. There are a few issues that we are still having conversations with the other parties and so we did have a phone conference last week. Originally I had intended to try to have this completed by the 10th. It's now the 17th. But there isn't the same urgency that was initially thought. We are close and the urgency I think we had in this process has gotten us to where the agreement has been vetted by a number of people. But as you can imagine -- and I'm going to just leave this out there -- we have seven attorneys that have worked on this agreement from four different department -- four different entities. So, as you can imagine there is always a little bit of work in the details. So, we are close. We have some issues that we still need to discuss. We hope to have this back in front of you in either a week or two, depending on how those issues play out. But it's not completed, but it is very close and, again, all the parties are aware that we don't have it completed yet and we are still working on it, so -- they are hopeful that we will have this completed shortly. De Weerd: Any questions for our attorney? Rountree: Optimists. Bird: Yeah. Good luck. De Weerd: Okay. I didn't ask for comments, I asked for questions. C. Public Works: City of Meridian Idaho Standards for Public Works Construction (ISPWC) Supplemental Specification Update De Weerd: Item 9-C is under our Public Works and -- Warren. Stewart: Madam Mayor, Members of the Council. This one I will do. As you guys are aware, the City of Meridian has a supplemental specification document that's been in existence for -- for a number of years and we periodically provide updates to that. That Meridian City Council September 17, 2013 Page 34 of 48 document was last updated in 2008. The base document that we utilize in Public Works for our standard specifications is the Idaho Standards for Public Works Construction and the supplemental specification are, essentially, modifications or additions that we make to that document in order to make them fit the City of Meridian and what we do here in the city. The ISPWC has been updated twice since we last updated the supplemental specifications for the city. We -- on a consistent basis as issues come up with specifications or as materials change or as installation methods change, we provide minor updates where we issue, essentially, technical memorandum, which are published to our website that made modifications, that periodically it makes sense for us to go ahead and update the entire document, incorporate these minor modifications, as well as some other additions that are necessary and republish the document. So, I'm coming here tonight just as a -- we don't necessarily require any action or anything by the City Council when we do an update to the specifications, but it's more I wanted to make you aware that this is going to be -- we are going to be publishing this here in the very near future and just let you know in case there are comments or anything else that comes in, want to make sure that you're informed. One of the things I do want to sort of reiterate is there has been -- the technical specifications for the city, which are, essentially, the instructions to the contractor. They provide contractors direction on how they are supposed to install the work. And, then, there are design standards and the design standards -- we are also in the process of creating an updated design standards manual for the City of Meridian. We have design standards for street lighting, which you guys have reviewed and approved a couple of years ago, but there is a need to, essentially, propagate design standards for a variety of other things. That's the -- sort of the second priority here. And so I want to make it clear that what I'm showing you tonight is not the design standards. Those are not the standards that, essentially, are the instructions to the designers and the owners of the projects. These are the instructions to the contractors that are actually building them. So, there is -- there is a difference. It's an important nuance. We are working on the other one. These documents take significant time and effort to produce and to get them right and to make sure that we have them accurate and this process has been ongoing for the specifications now for, essentially, a couple of years. We make progress and get things done and, then, other priorities come along and it slows the work. But we are, essentially, there. I wanted to give you just a brief sort of an update of what our philosophy was when we created this document. I was concerned that the past supplemental specifications essentially had situations or certain -- in certain instances made very minor changes in nuances to the Idaho Standards for Public Works Construction. They were very minor changes. And so one of my directions in -- to the subcommittees, which I will get into in a minute -- to revise the document and put together the draft was if you do not need to change the ISPWC, don't. We want to simplify it and make as few modifications to that document as possible. Although there are simply situations that the ISPWC does not cover or some things that as a city we have chosen to do a long time ago and for inventory sake and other things we need to continue to do things the same way we have done, so we don't end up with having to inventory and stock multiple types of parts and so forth. So, that was one of the main directions and there were, essentially, a lead committee that was put together -- I pulled somebody from each one of the major divisions of the Public Works Department and we Meridian City Council September 17, 2013 Page 35 of 48 got together, discussed how we would move this project forward and we created some subcommittees with some responsibility to review various sections of the ISPWC and those subcommittees were comprised of individuals who, essentially, had the expertise in those particular areas and all 12 sections of the ISPWC were reviewed page by page, line by line, for any changes that needed to be made. We also reviewed the 2008 supplemental specifications for any revisions that needed to be made. After the subcommittees completed their work they provided, essentially, recommendations on the changes to the specifications. Those were assembled. We took those -- that assembled document and we put it out for peer review. We hired a consultant. We asked them to review the document. They, in turn, took that information out to suppliers and contractors and received comment and input from them as well and, then, we got that information back -- again, those committees reviewed that information, incorporated those comments and things that seemed to make sense and what you see here in front of you is, essentially, the culmination of that. I wanted to just kind of give you some sort of feedback on what some of the major things that you will notice in here are. We have had had some issues in the past with annular space fill and I won't go into the details on that, but that has been corrected in this document. We have -- the city implemented a new warranty surety policy, which you guys are aware of, and that -- those revisions to the two year warranty policy are also included in here. We had, essentially, done that by a separate memorandum before, but now it's incorporated within the specifications. And also the ISPWC does not address reclaimed water. So, we had to create an entire new section, essentially, to address reclaimed water and how we needed the contractors to install and build our reclaimed water system. There was also some other minor changes that had to do with materials and installation methods. So, those are the bulk of the changes that were made and moving forward we, essentially, will -- now that this document is final, I will give it back to those subcommittees for one final review. We are going to give it back to the peer review consultant and have them give it one final look over and incorporate any feedback that we see there, submit that to DEQ and our hope is to, essentially, publish this in, essentially, October, so that it's available for our fiscal year 2014 all work that will, essentially, be contracted and we will, of course, have to publish that to the website and, then, our preconstruction meetings and also prebid meetings we will have to -- you know, we will make a point to make sure that everybody is aware that that document exists and that they need to refer to that document moving forward. And with that I will answer any questions that you may have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, I hope I misunderstood you, but you said these standards were for construction, but not yet for design standards? Did I misunderstand you? Stewart: No. That -- that's correct. Essentially there is -- the specifications are designed to provide guidance to a contractor. The guy that's actually out in the field installing things. We have design standards that we have developed for certain things, like street lighting, that, essentially, provide a design consultant -- a consulting engineer Meridian City Council September 17, 2013 Page 36 of 48 directions on how often we want street lights and things like that. Well, the contractor doesn't need to know how often, he just needs to know how to put it in the ground, because the plans will tell him how often. So, the design standards are for engineers and owners, essentially, the specifications are for the contractor and what these are is, essentially, the direction to the contractor who is actually installing the work on how he needs to install work. We are working on providing a new updated design standards manual, which will tackle a variety of things, but that's a lot of work and we are -- we are plowing through that, but it's going to be awhile before we get that done. Bird: Follow up, Madam Mayor? Warren, my concern on that is in architectural you bid off of what the design shows and if these aren't -- if these standards aren't coming out in the design how are they bidding? And, you know, how are they knowing what -- how they have to construct it? I mean if it's not coming out on the plans and stuff as such. Or I'm misunderstanding or something, because I know we have had some real hang ups and even some of our own -- our own design review people don't know. Stewart: Madam Mayor, Members of the Council, Councilman Bird, yeah, I think there is a little misunderstanding. This is actually the specifications that -- everything that a contractor should need to install the work is included in here. For instance, the design standards would include things like an issue that you have recently heard about, how many houses do we allow on a single connection. Well, the contractor doesn't really care. Designers do and when they design the project and they put together their plans and specifications they want to know that. But the contractor only cares, well, how often do I -- where do I put that fire hydrant, how do I install it. Where do I put that manhole, how do I install it. All of that kind of stuff is covered in here. It's really the design standards -- we have a lot of design standards that we have utilized in the past. We have -- we have never as a city -- City of Meridian has never had a comprehensive design standards manual. We have had, you know, standards that we have checklists on that we have used over the years, we have -- when it comes to street lighting we actually created one of those and it was, essentially, brought before you and approved a couple of years ago. So, we have it for street lighting, we have sort of semi-formal design standards that we have used for years in other areas, we are working on a comprehensive design standards manual that would be a guide, a comprehensive guide to owners and engineers when it comes to the situations like how often do we replace a fire hydrant. Well, that's covered in code. The fire department, you know, has requirements with regards to how often those things are, but we think it would be helpful to have all of that information collected and put into a design standard for guidance to, essentially, consulting engineers who do work for the city. Bird: Madam Mayor? But, okay, let's go to fire hydrants. On a set of plans that is drawn by the professionals that we pay a very large sum of money to to do it, don't show where the fire hydrants go? Stewart: Yes, they will show where the fire hydrants go. Meridian City Council September 17, 2013 Page 37 of 48 Bird: Okay. That's my -- that was my concern. So, they have got to know our standards as well as the construction guy. I mean the construction guy has got to know how many hydrants he has to put in or how many sleeves he's got to put in or how -- and the design person has to -- in their drawings -- in their details and stuff has to show it; right? Stewart: Madam Mayor, Councilman Bird, you are absolutely correct and they will still have that. Bird: I think -- I think we are on the same page, I just wasn't understanding you. I'm sorry. Stewart: No. That's fine. De Weerd: Warren, can you tell me who -- you mentioned that you had experts look at this. Did you include people from the private sector? Stewart: Madam Mayor, Members of the Council, I'm not sure what you mean by private sector. We reviewed it -- typically when it comes to technical specifications. Now -- that's why I tried to make this nuance between the design standards and the technical specifications. When it comes to the design standards, when we propagate that sometime in the future, that will go through a very rigorous public involvement process. These are, essentially, updates to a specification that already exists. We actually took this after we, as a committee -- or subcommittees here at Public Works, and we gave it to a consultant and the consultant, then, took the document and went out to some contractors and some material suppliers, who actually, you know, supplied the materials, do the work, and sought their input on the document. So, I don't know if that's what you mean by public or not. De Weerd: Yes, it does, but I guess when I see a draft and when we say we are updating, a red line version would be really helpful, so you know what has been added and what's been changed and, frankly, what I'm curious is to -- what is over and above or different than the standards that you derive these from that everyone else is using. You had mentioned we follow the whatever --ABC -- Stewart: ISPWC. De Weerd: -- standards and -- but there are some that we have changed because of conversations in the past or policies that this Council's discussed. I am curious as to what deviates from the standards that you referenced that we -- we want different in our community. Does that make sense? Stewart: Madam Mayor, maybe Ijust -- I'm not sure I understand what -- De Weerd: So, two things. One, this -- you said that this is an update. Well, I read it and it looks like it's all new, because I don't see a red line version. I don't know what's Meridian City Council September 17, 2013 Page 38 of 48 been changed and what's been updated, what's been added, what's been deleted. That's the first one. The second point is I'm curious as to what Meridian requires different than the standard we are using to -- as a baseline. Stewart: Okay. Madam Mayor, Members of the Council, one thing (think -- you know, the nuance here -- what I mean by update is I wanted to make sure that I update you on what's going on. So, although this is a revision of that document, essentially, anything that is in here is here because it either changes or replaces something in here. So, I guess when you're asking what -- what -- De Weerd: I want to know what's been revised. I'm not using the right word. I want to know what's changed. What is different in this document than the document you had before? Did you have a document before? Stewart: Okay. That's a little bit -- I apologize, a little different nuance. I assumed you were asking what's different in this document from the ISPWC, which is our based standards. This is the ISPWC. De Weerd: That was -- that was number two. Steward: Okay. So -- and I guess what I was saying is anything in here is different than what's in here. Now, as far as -- this is the old 2008 version of the supplemental specifications and this is the new one. I don't have a red line document that shows what changed and what didn't. You know, there isn't. Most of what is in the new specifications -- essentially we removed stuff from here and went back to this. But I don't -- I will be honest with you, Mayor, we don't have a, quote, unquote, red lined version. It's gone through so many revisions and additions and it's been modified over the last -- well, since 2008 by technical memorandums, which we issue on a regular basis if there is a need for a change. So, the technical specifications or, essentially, a living document, they are changed as needed, but every now and again we provide an overall update and/or a revision and I wanted to come tonight and let you know that we are in the process of doing that. We have been for the last two years and it is our hope to put that out as a revised technical specification the first of the fiscal year, which is something we do normally. It's a little bit different, because my understanding and Bill can correct me, technical specifications are something that the Public Works Department essentially is in charge of creating for the department and we do that. We don't necessarily bring those revisions and changes to you guys on a regular basis and haven't done, so -- De Weerd: And I guess, Warren, I would understand that if it's a standard change to the overall code or whatever it is -- the ABC thing. But what I'm curious of is what are we requiring that is not within that that you're using as your baseline and that's what I'm curious as to -- because if we are asking contractors to do something different than other communities, we need to make sure they can find what they are being asked to do differently than other communities and I couldn't answer that. Looking through this document I can't see what is -- what is required unilaterally across all communities or in Meridian City Council September 17, 2013 Page 39 of 48 any kind of work like this, and what we are calling out specifically as a community that is a priority to us to do differently. I can't answer that question. Stewart: Excuse me, Madam Mayor, Members of the Council. I feel like I have failed here a little bit. I have to be honest, because this is the Idaho Standards for Public Works Construction. It is the document that every municipality in the state use as their base specification document. De Weerd: And this document is what we require different from that? Stewart: Yes. This document is essentially -- anything that we modify out of here, change, or add is in this document. So, this is the base document every municipality uses and these are the changes or the modifications that are specific to the City of Meridian. Things that we ask to be done differently or in the case of reclaimed water -- reclaimed water is not covered in here, so we have a section on reclaimed water. We are also the only municipality in the state that has a reclaimed water system. So, there is a section on reclaimed water. It talks about how we want the reclaimed water system to be built. That's, essentially, what this does. This is the modifications to this and this is the document that -- the base document that all municipalities use throughout the state. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Can I ask a similar question in a different way? De Weerd: Please. Zaremba: Is the Meridian supplemental specifications cross-referenced to the state one? In other words, if I looked at something in here that says Article 6 and it has a paragraph 619, is that a modification to Article 6, Paragraph 619, in the state code? Stewart: Exactly. Zaremba: Okay. So, somebody looking at Meridian's document knows exactly which paragraph is being replaced -- by looking at our document they know that this supersedes the same paragraph in -- in the state document. Stewart: That is correct. Zaremba: And they don't have to figure that out. Does that help? Nary: And, additionally, Madam Mayor? And Warren can correct me if I'm wrong, but in all of our bid documents for Public Works projects there is always a reference to the state requirement and the city's requirement. So, every bid offering requires that the Meridian City Council September 17, 2013 Page 40 of 48 contractor either acknowledge -- either acknowledge by receipt or acknowledge by actual certification that they have received that and understand that they are responsible to look at that and know both what the state requires and what we require that might be different and if I have misstated that, Warren, please, correct me, but that's my understanding of all of our projects. Zaremba: I think we are agreed on that. I think the Mayor and I are just trying to make sure that a contractor can find this information and know that they have found it, so -- the answer to me is if this is across-reference that's aone-for-one substitution for a state paragraph, that answers my question on that subject. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That's great for the construction. How about our professionals that are drawing it, are they -- are they given the same thing, Bill? Required to show on their plans what the contractors are going to work off from and bid off from -- this stuff, too, or is it up to the contractor to look at the gray area and figure out which way he wants to go? Are they -- are they required -- the professionals we hire for buku the money to draw these plans and stuff, are they required to put all on their plans and stuff and in their specifications? Stewart: Madam Mayor, Councilman Bird, yeah, this -- this specification document -- they have to utilize it, too. They have to design to the specification as well. So, yes. This is -- I'm mean this is -- this is really no different than what we have done for the past probably ten years with this document. This has been the document we have used since 2008. This is simply a revision of that. So, we have been doing the same thing for longer than I have been at the City of Meridian. We have simply provided an update to that, that essentially -- and Councilman Zaremba is exactly correct, if you go into this document and it shows in the -- you know, the various divisions -- division 100 and all the articles, those are exactly the same in here. So, if we -- if we tell somebody in here that, essentially, under materials and we list a particular material, you can go to Section 402, hydraulic valves, part two, Item 2.2, and these replace the very same items that are in the ISPWC book document. So, contractors can look through this and very quickly reference what's been changed in the ISPWC. Bird: But if the drawings don't show it, how do they know what to reference? Stewart: The drawings will show it. Bird: Okay. So, we should go to the drawings first and, then, the construction De Weerd: Mr. Rountree. Meridian City Council September t7, 2013 Page 41 of 48 Rountree: So, maybe I can help you, Warren, to try to see where you're coming from and where these folks are coming from. I think the Mayor's concern is we don't get into another streetlight issue. This doesn't take us there. The street light issue is -- we will call a street light a widget. Was where the widget needs to be placed, not the widget. This talks about the widget or the street light. This talks about the Old Town street lights or the approved street lights. Not where they are or how many, but what it is or an acceptable substitution. It talks about like Smith Blair Omni 441 couple system or approved for something in the recycle system. Not the recycle system itself on the design sheets. In terms of what Councilman Bird's concerned about is the project design comes out with a plan sheet. It's a design. It says where are all these widgets go. In the back of that are standard drawings in reference to that large document, those standards. And that's all included in the bid package; correct? At least that's what I'm familiar with. Stewart: Yes. That is exactly correct. Rountree: So, for everything that's not specifically called out as an exception to how or what that widget is, it's got a picture and it's got Meridian's specifications and that's done for a couple of reasons. One, you don't have a large parts inventory and we probably have a bunch of whatever it is we are putting in the street or Public Works online and we don't want five different kinds. It's no different than computer systems or telephone systems, you don't want a bunch of different ones that don't work together and/or you have to supply parts for. So, I don't see this will cause the issues we had say with the street lighting, was not the street light, it was how many and how they were spaced; right? Stewart: Madam Mayor -- Rountree: And that's typically what -- Stewart: Councilman Rountree, that's correct. The plan -- engineers will still have to design the plans, they will still have to go through the review process with the Development Services Department and Public Works to identify where things are located and how many, but once those plans are kicked out this, essentially, tells the contractor -- let's use the street light example. It doesn't tell the contractor where -- where to locate them or how many, that's on the plans, it tells him what the pole is, what the light fixture is, how many rebar hoops to put in the foundation base -- the base for the light pole and so forth. How to construct the light pole. Rountree: Does that help? Stewart: Thank you. De Weerd: It helps to a certain degree, but it's -- it's almost like we do require different construction methods in the sewer placement, because of experiences we have had Meridian City Council September 17, 2013 Page 42 of 48 with the ancillary space or what have you. It's a different requirement in Meridian than it is in Boise. Or could be. Stewart: Could be. De Weerd: And that's what people need to know. So, when they are putting that in they need to know that their -- without necessarily going through here, what are some of the major things that they need to know there is a difference in doing construction in Meridian versus in another municipality and how are they going to know that? They just have to look in this and see if there is something different than in that binder? Stewart: Madam Mayor, essentially that is correct. I mean Section 308 is what covers -- and a new Section 310 in our book is essentially what covers any situation where you would have a pipe sleeve or a casing pipe going underneath the roadway. Now, those sections -- Section 308 is in here. We also have a Section 308 in here. And what this does is in any paragraph or sentence where we think it ought to read for clarification purposes differently, we include that. We say Section 308 removes this sentence and adds this sentence or replace it with this sentence. That's essentially what we do and it provides clarification for the way we want things done within the City of Meridian. Every contractor that works with the City of Meridian knows this document exists and knows that he has a responsibility and an obligation per his contract to build things according to this specification. Hoaglun: Madam Mayor -- De Weerd: Mr. Hoaglun. Hoaglun: -- and, Warren, doesn't every major city in Idaho do something like this? Stewart: Virtually I think there is -- Hoaglun: Major cities, yeah. Not small ones, but big cities all have their version of what they do a little different than the state -- De Weerd: But your substantive changes or what we do more -- I guess restrictive or have -- yeah, more restrictive, it does go in front of Council for that discussion; correct? Because, otherwise, we have this street light issue. Stewart: I think if it's technical in nature my understanding is it's not required to. De Weerd: Well, I'm not talking required. Stewart: It's policy -- but it's policy -- yes, I think that's true. If it's not policy, but it's technical -- technical specifications -- in this case that's what we believe this is is a technical specification, are, essentially, handled by the Public Works Department. If it's a policy issue, like how many -- how often do we put a street light or that kind of stuff, Meridian City Council September 17, 2013 Page 43 of 48 then, yes, I agree, that has to come before you guys for approval. If it's -- if it's talking about what type of valve we want on our mainlines then -- my understanding is, no, that does not. Hoaglun: And Madam Mayor -- De Weerd: No, we don't care about what valve -- Hoaglun: Madam Mayor? And that's -- and that's the design that you're talking about. That's where we get into it and that's the part that we are involved with, as opposed to technical. And I think, Madam Mayor, it's just difficult for us, because -- and I have been on Council five years now and I haven't seen this before, so, yeah, when I read it I'm like, well, what's the change here. So, I was thinking like you, well, couldn't you red line that, but it's in there, it's a change, it's something different and -- as opposed to, oh, we just change one word, like in legislative issues. It's, okay, this section has changed compared to that and they have -- and contractors have to know it. They have the responsibility to go through it and know about overfills, backspace, stuff like we went through before and learn more than I care to, but those are things that they have to know and I don't think I would be qualified to review this and know what the heck I was reading, so -- but how many street lights we should have, how far apart they should be, yeah, I can have a discussion about that. You know, I have an opinion about that, so anyway-- Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: Warren, I think that this discussion would -- would warrant maybe a workshop, bringing a set of plans with just, you know, a couple layers on it that might show a waterline and the various valves and the references you have and the pages that follow behind that that show the -- well, this is what that valve looks like and this is our -- Meridian's version of that, so -- you get an idea -- here is the plan, here is the design, and here is what all the pieces, parts look like and where the pieces, parts are different than that document we have put in a substitute page. Zaremba: Madam Mayor? Rountree: That might be of interest. I don't know. De Weerd: Mr. Zaremba. Zaremba: I'm just going to comment that what I'm interpreting about this is what may or may not come before Council in the way of policy -- and I will use street lights as an example is how many should they be -- how decorative should they be. What the supplemental specifications are about is if you're going to put a street light in here is how you put it in so it won't fall over or shock somebody and that's Public Works' Meridian City Council September 17, 2013 Page 44 of 4e domain and as Councilman Hoaglun said, I'm not qualified to comment on that necessarily, although I support the idea, and I think that's what the distinction is, that this is a technical manual put together by technical people that says there are a few things that we want to do differently in Meridian and I -- without being able personally to verify whether these are the right specifications or not, I agree with the direction you're going and what you're doing, if that's what the question is. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And while I have been the biggest mouth here, but -- on this, I appreciate this. I think this is something that's been really needed, because I have probably been involved with problems more than anybody and I want to state right here that Warren and his staff has taken care of them very well, been very fair to the complainers, but I think this is a clarity, but my biggest concern is to make sure that our plan checkers and our plan drawers get it to the plans. That's my biggest concern. Don't leave any gray area there. De Weerd: You know, Warren, I'm not -- I don't care -- as Mr. Rountree always says, we don't want to know how to build the clock, we just want to know what time it is. I don't think a change of a valve or the standards in the ISPWC that we care. You do and you have a reason for it. I'm looking at something more substantive and it's the annular space reduce the bellies or -- you know, we haven't had that conversation for a long time, so -- but that's substantive and people need to know that and you will hear -- and we did hear from the development community when that changed, that there was a conversation that needed to be had. So, those kind of larger scale changes -- I think you have done well at bringing that to Council and saying we need to do something different. This is the heads up. We are going this direction. They at least know that, so when we are approached we can say, yeah, that is something, because of the experience in our system that we needed to do different. That's the distinguishing difference, I guess, that I think Council needs to have a heads up as to what that is in this. This is a lot thicker than what you showed us, so it has changed and I imagine a lot of that is the four items you showed on your slide that's probably reclaimed water alone. I just think that Council needs to know what is different that has amajor -- that is a major change from the standards that the state has that we have added to and because we don't have the technical expertise that you need to find that body that did, your consultant went out to the users, the constructors, the suppliers, and that's perfect, but maybe that one extra step of the development Council and just saying since 2008 when we updated these major things have changed and we think that you need to know and that is all I'm saying. It's transparency and it's making sure that people not only know it's different, but why it's different if they care. Stewart: Thank you, Madam Mayor. I appreciate that and, you know, we can -- we can certainly do that. I don't have any real concerns, other than -- and the timing associated with that. I would like to say I think by and large -- it kind of gets lost in the minutia of Meridian City Council September 17, 2013 Page 45 of 48 the discussion, but by and large the document has actually been significantly simplified. We removed a lot of the standard drawings and let the ones in the ISPWC stand. We removed a lot of the changes that we were making and let the ISPWC stand. It does look like this document's thicker than the one before, but you are exactly correct, the main reason is it substantially -- or it's not substantially thicker, it's a little thicker, is because of reclaimed water. If you were actually to remove the reclaimed water section out of there I think you would actually find that it's smaller than previous versions of the document. And, you know, in regards to the -- the annular backspace fill, we have had some -- some concerns with that. That was primarily due to the fact the ISPC -- ISPWC -- see, I even have trouble saying it sometimes. It was -- it was really ambiguous and so all we have tried to do in there -- we haven't made major changes to it, all we have tried to do it provide some clarity to a contractor, which translates to a designer who would be looking at that as to when it's appropriate and so we have essentially -- essentially modified a couple of little sentences in there, essentially, saying this is when it's required, this is when you can get a waiver from it, and try to make actually things more clear for a contractor or designer as far as when that's done. And I think the biggest issue and concern with that particular item was not the fact that we would require it or don't require it, it's them knowing about it way ahead of time and not feeling like they got something, essentially, revealed to them at the last minute. So, this, essentially, takes care of that issue. They have this information -- their design engineers would have this information from the very beginning and, hopefully, the new language that we have included in here makes it very clear when it's required and when it isn't. De Weerd: Well, I appreciate the work that you and your staff has put in this to be more transparent and I think that is important, but now that you have it I think you need to let people know that it is updated, it is out there, and maybe even hold a workshop for anyone who has an interest and invite the people that would be most affected by it or interested in it. Again, it's to make it clear. Stewart: Certainly making sure people are aware that it's new is a big concern of ours and so I appreciate that recommendation and we will definitely look for opportunities like that. Like I say, different ways we can get the message out that there is a new document, you need to make sure that it's here and that you have got your eyes on it and using it. De Weerd: And if people have questions or comments to let you know. Stewart: Yeah. De Weerd: Okay. Bird: Thank you, Warren. Stewart: Thank you. Meridian City Council September 17, 2013 Page 46 of 48 Item 10: Ordinances A. Ordinance No. 13-1577: An Ordinance (AZ 13-003 -Woodburn West) For Annexation Of A Parcel Of Land Located In The SW '/o Of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date De Weerd: That horse is dead. Thank you. Okay. Item 10-A is Ordinance 13-1577. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1577, an ordinance AZ 13-003, Woodburn West, for annexation of a parcel of land located in the southwest one quarter of Section 36, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none -- Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 10-A, Ordinance 13-1577 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 17, 2013 Page 47 of 48 Item 11: Future Meeting Topics De Weerd: Council, any items to consider for future agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: We have a number of ordinances in the city that are sometimes only enforced after a complaint has been made. We have had a request to discuss maybe eliminating some of those ordinances and I wonder if the Council would like to discuss that. De Weerd: We can certainly put it on a future agenda workshop. Bird: I would be for that. Zaremba: A workshop would sound good. The specific subject in mind is the ordinance that says anything that's parked in the driveway in the front of house, in front of a garage, I believe if I'm paraphrasing, says it must be registered for use on the street, be mobile, which means that you can't park boats or other stuff in front of your garage on the driveway and apparently that's enforced when a neighbor complaints, but we don't have enough police to go throughout the city and write everybody a ticket for it, so -- De Weerd: Thank God or my phone would be ringing off the hook. Zaremba: So, I guess the general discussion is -- is that okay to have ordinances that are only enforced when somebody complains or this one in specific should we discuss that. A workshop sounds good to me if other people want to talk about it. De Weerd: I think it would be a good one to talk about. I think our code enforcement has had some questions about it as well and -- and it does warrant a discussion. So, we will put it on the workshop in October. Zaremba: Thank you. De Weerd: Okay. Thank you. Anything further? Rountree: No. De Weerd: Okay. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Meridian City Council September 17, 2013 Page 48 of 48 De Weerd: All those in favor. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD ATTEST: , II -- ~° DATE APPROVED ._;,,, ~~ JAY HOLMAN, CITY ~~~ ;~'_,~;~~I~ ~~~F,~ ~~~ `,~~ ,T ~°" R F° ~~ ~Ir~ ~iRF ~`'~~O