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HomeMy WebLinkAbout2013-11-26E IDIAN ^-' CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 26, 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 Gordon Slyter with Treasure Valley Worship Center 4. Adoption of the Agenda Adopted (Pg 2) 5. Consent Agenda Approved (Pg 2-6) A. Findings of Fact, Conclusions of Law for Approval: PP 13-018 Olson & Bush Subdivision by Ronald W. Van Auker Located 2950 E. Franklin Road Request: Preliminary Plat Approval Consisting of Six (6) Building Lots on 6.81 Acres of Land in the I-L and C-G Zoning Districts B. Findings of Fact, Conclusions of Law for Approval: PP 13-027 Tustin T.W.O. Subdivision by Conger Management Located North Side of E. Ustick Road, West of the McMillan/Locust Grove Road Intersection Request: Preliminary Plat Approval Consisting of Forty-Four (44) Single Family Residential Building Lots and Ten (10) Common/Other Lots on 15.26 Acres of Land in an R-4 Zoning District C. Findings of Fact, Conclusions of Law for Approval: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District D. Findings of Fact, Conclusions of Law for Approval: PP 13-023 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Three (3) Common/Other Lots on 4.38 Acres of Land in a Proposed R-8 Zoning District Meridian City Council Meeting Agenda -Tuesday, November 26, 2013 Page 1 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Findings of Fact, Conclusions of Law for Approval: AZ 13-010 McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C-N (6.58 acres) Zoning Districts F. Findings of Fact, Conclusions of Law for Approval: PP 13-022 McLinder Subdivision by TS Development, LLC. Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Preliminary Plat Consisting of 28 Building Lots (7 Commercial & 21 Multi-Family Residential) and 2 Common/Other Lots on 11.88 Acres of Land in the R-15 and C-N Zoning Districts G. Findings of Fact, Conclusions of Law for Approval: CUP 13-010 Sawtooth Village at McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 84 Dwelling Units in the R-15 Zoning District H. Final Order for Approval: 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 Final Order for Approval: MFP 13-002 Reflection Ridge Sub. 2 by Mission Coast Properties ID, Inc. Located 4275 S. Locust Grove Road Request: Modification to the Final Plat for Reflection Ridge Sub. 2 to Remove the Stub Street to the North Across the Ridenbaugh Canal J. Continued from November 19, 2013: Final Order for Approval: FP 13-039 Tradewinds Subdivision No. 2 by Don Newell, SDN, LLC Located at the Southeast Corner of S. Victory Road and E. Locust Grove Road Request: Final Plat Consisting of 22 Single-Family Residential Building Lots and 2 Common/Other lots on 10.42 Acres of Land in an R-8 Zoning District. K. Police Department: Memorandum of Understanding (MOU) between Boise Police Department and Meridian Police Department for Use of Canine Holding Facility L. Approval of Contract Amendment No. 2 for "Landscape Services" to Lawnco for the Not-To-Exceed Amount of $98,463.00 Meridian City Council Meeting Agenda -Tuesday, November 26, 2013 Page 2 of 6 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. M. Approval of Task Order 10264a for Professional Services for "NPDES Permit Strategy and Technical Assistance for 2014" to HDR Engineering, Inc. for the Not-To-Exceed Amount of $175,000.00 N. Water Main Easement from James Patterson O. Budget Amendment -Public Works Staff -Inspector II for the Not-to-Exceed Amount of $90,052.73 P. Budget Amendment -Public Works Staff -Surveyor II/Inspector II for the Not-to-Exceed Amount of $94,255.81 Q. Budget Amendment -Public Works Staff -Staff Engineer II for the Not-to- Exceed Amount of $89,544.27 R. Budget Amendment -Public Works Staff -Engineering Technician II for the Not-to-Exceed Amount of $72,761.73 S. Budget Amendment -Public Works Staff -Management Analyst for the Not- to-Exceed Amount of $89,534.39 T. Budget Amendment - Public Works Staff - Water Operator II (Utility Locates) for the Not-to-Exceed Amount of $89,159.48 U. Approval of Bids and Agreements for the "Wastewater Treatment Plant (WWTP) Administration and Lab Buildings -Construction: to Multiple Contractors (Bid Packages 4-20 and 22-25) per the Following, for aNot-To- Exceed Total Amount of $4,701,154.00. These Awards are the Result of the Formal IFB Issued September 23, 2013 and Opened October 17, 2013. Sixty Nine Bids Were Received for all Bid Packages. BP4 Concrete: Quality Concrete, Inc. $219,231 BP5 Masonry: Slattery Mitchell, Inc. $30,735 B06 Steel: Mountain Steel $473,250 BP7 Cabinetry 8~ Trim: Dura-Top $175,490 BP8 Roofing & Siding: Modern Roofing $284,367 BP9 Doors S~ Frames: DS~A Door & Specialties, Inc. $124,210 BP10 Overhead Doors: Overhead Door Co. $29,430 BP11 Storefronts: Custom Glass, Inc. $186,799 BP12 Drywall, Metal Studs 8~ Acoustical: Northwest Interiors $711,965 BP13 Exterior Finish System: Desert Sage $108,600 BP14 Tile: Creechley Tile $39,316 BP15 Floor Covering: Designer Floors $94,500 BP16 Concrete Grinding & Polishing: OEC Flooring $21,305 B017 Painting: All Colors $26,842 BP18 Specialties: SBI Contracting $41,500 BP19 Operable Partitions: Hardware Sales 8~ Service, Inc. $14,814 BP20 Window Coverings: Northwest Sales 8~ Distribution $15,349 BP22 Fire Protection: Absolute Fire Protection $34,990 Meridian City Council Meeting Agenda -Tuesday, November 26, 2013 Page 3 of 6 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. BP23 Plumbing: Lacy Mechanical $543,000 BP24 HVAC: Hobson Fabrication $959,400 BP25 Electrical: Energy Enterprise Group $566,061 6 7. Community Items/Presentations A. Community DevelopmentlLegal: Request from Tom and Cheri Warhurst regarding removing property located at 3577 S. Cloverdale Road from Meridian Area of Impact (Pg 6-9) Items Moved From Consent Agenda None (Pg 10) 8. Action Items A. Public Hearing: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and local amendments (Title 10, Chapter 1, Meridian City Code) (Pg 10-11) B. First Reading of Ordinance No. 13-1582: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and local amendments (Title 10, Chapter 1, Meridian City Code) (Pg 11-12) C. Public Hearing: Adoption of 2012 International Fire Code and local amendments (Title 10, Chapter 4, Meridian City Code) (Pg 12) D. First Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and local amendments (Title 10, Chapter 4, Meridian City Code) (Pg 12-13) E. Public Hearing: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) (Pg 13) F. First Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) (Pg 13-14) G. Public Hearing: AZ 13-008 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Annexation of Approximately 103.04 Acres from the RUT Zoning District in Ada County to the R-4 (Medium-Low Density Residential) and R-8 (Medium Density Residential) Zoning Districts Approved (Pg 14-34) H. Public Hearing: RZ 13-008 Oaks North and Oaks South by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road Meridian City Council Meeting Agenda -Tuesday, November 26, 2013 Page 4 of 6 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. and N. Black Cat Road (Oaks South) and North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks North) Request: Rezone Approximately 33.08 Acres from the R-8 (Medium Density Residential) and R-15 (Medium-High Density Residential) Zoning Districts to the R-4 (Medium-Low Density Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R-15 (Medium-High Density Residential) (18.34 Acres) and L-O (Limited Office) (5.54 Acres) Zoning Districts for Oaks South Subdivision AND Rezone Approximately 298.33 Acres from R- 4, R-8 and R-15 Zoning Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71 Acres) Zoning Districts for Oaks North Subdivision Approved (Pg 14-34) Public Hearing: PP 13-013 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 310 Single Family Lots, One (1) Multi-Family Lot, Six (6) Office Lots, One (1) Park Lot, One (1) Other Lot and 33 Common Lots on Approximately 135.93 Acres in a Proposed R-4, R-8, R-15 and L-O Zoning Districts Approved (Pg 14-34) J. Public Hearing: PP 13-014 Oaks North Subdivision by Coleman Homes, LLC Located North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 653 Single Family Lots, Three (3) Multi-Family Lots, 40 Common Lots and Two (2) Other Lots on Approximately 252.12 Acres in a Proposed R-4, R-8 and R-15 Zoning Districts Approved (Pg 14-34) K. Public Hearing: MDA 13-015 Oaks North and Oaks South Subdivisions Located North and South Side of W. McMillan Road, Between N. McDermott and N. Black Cat Roads Request: Development Agreement Modification to Replace Recorded Oakcreek DA (Inst. #109009629) with New Development Agreement Pertinent to the Oaks North and Oaks South Subdivisions Approved (Pg 14-34) L. Public Hearing: PP 13-028 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Preliminary Plat Approval Consisting of Fifty-Five (55) Single Family Residential Building Lots and Seven (7) Common/Other Lots on Nineteen (19) Acres of Land in an R-4 Zoning District Approved (Pg 34-40) M. Public Hearing: MDA 13-018 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Modification to the Development Agreement to Increase the Number of Building Lots Allowed to Develop on the Site Consistent with the Proposed Preliminary Plat Approved (Pg 34-40) Meridian City Council Meeting Agenda -Tuesday, November 26, 2013 Page 5 of 6 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. N. FP 13-041 Irvine by Northside Management Located Near the Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 68 Single-family Residential (Building Lots and 4 Common Lots on Approximately 15.48 Acres in an R-f. Zoning District Approved (Pg 40-41) 9. Future Meeting Topics (Pg 41) Adjourned at 7:47 p.m. Meridian City Council Meeting Agenda -Tuesday, November 26, 2013 Page 6 of 6 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 hour:. prior to the public meeting. Meridian City Council November 26, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, November 26, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun, David Zaremba, and Keith Bird. Others Present: Ted Baird, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya Watters, Warren Stewart, Brent Bjornson, Scott Colaianni, Perry Palmer, 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: I would like to welcome everyone to our City Council meeting. It's always nice to see people in those seats in front of us. So, thank you for being here. For the record it is Tuesday, November 26th. It's 6:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all stand and join us in our pledge to the flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Gordon Slyter with Treasure Valley Worship Center De Weerd: Item No. 3 is our community invocation and we will be led tonight by Pastor Gordon Slyter. He's with the Treasure Valley Worship Center. As he's walking up here I would like to thank him. He participated in our community Thanksgiving service this last Sunday at the Church of the Nazarene and it was great. It was -- we had -- every year we have a few more members of our community that come together from all faiths and celebrate the things that we have to celebrate as a community. So, thank you for being here. I invite you all to join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Slyter: Father in Heaven, we thank you for so many things at this time of year. Thank you for this city and the many blessings and benefits we enjoy here. Thank you for the public servants who serve us and do such a great job at doing that. We pray, Lord, that Meridian City Council November 26, 2013 Page2of41 you would guide the Mayor and the City Council tonight and those who give testimony, the staff who will be part of any decisions that are made, guide them, Lord, into making good and wise decisions for City of Meridian. We thank you, Lord, for those who serve in various capacities, fire and police, but also, Lord, in the faith community, the churches, and thinking particularly of the food pantry right now, thank you for their ministry in our city and we just pray that you would provide for them as they provide for others in need. So, Lord, thank you for these many blessings and be with us throughout this evening and this we -- we pray these things in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. And Happy Thanksgiving. Okay. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under 8-B that is Ordinance No. 13-1582. 8-D is 13-1583 as an ordinance number. And Item 8-F is Ordinance No. 13-1584. With that, Madam Mayor, I move adoption of the agenda. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Findings of Fact, Conclusions of Law for Approval: PP 13-018 Olson & Bush Subdivision by Ronald W. Van Auker Located 2950 E. Franklin Road Request: Preliminary Plat Approval Consisting of Six (6) Building Lots on 6.81 Acres of Land in the I-L and C-G Zoning Districts B. Findings of Fact, Conclusions of Law for Approval: PP 13-027 Tustin T.W.O. Subdivision by Conger Management Located North Side of E. Ustick Road, West of the McMillan/Locust Grove Road Intersection Request: Preliminary Plat Approval Consisting of Forty-Four (44) Single Family Residential Building Lots and Ten (10) Common/Other Lots on 15.26 Acres of Land in an R-4 Zoning District Meridian City Council November 26, 2013 Page3of41 C. Findings of Fact, Conclusions of Law for Approval: RZ 13-009 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District D. Findings of Fact, Conclusions of Law for Approval: PP 13-023 Village at Cold Creek by Hayden Homes Idaho, LLC Located North Side of W. Ustick Road, Approximately 1/4 Mile East of N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Three (3) Common/Other Lots on 4.38 Acres of Land in a Proposed R-8 Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 13-010 McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Annexation and Zoning of 13 Acres of Land With the R-15 (6.43 acres) and C-N (6.58 acres) Zoning Districts F. Findings of Fact, Conclusions of Law for Approval: PP 13-022 McLinder Subdivision by TS Development, LLC. Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Preliminary Plat Consisting of 28 Building Lots (7 Commercial & 21 Multi-Family Residential) and 2 Common/Other Lots on 11.88 Acres of Land in the R-15 and C-N Zoning Districts G. Findings of Fact, Conclusions of Law for Approval: CUP 13- 010 Sawtooth Village at McLinder Subdivision by TS Development, LLC. Generally Located at the Southeast Corner of W. McMillan and N. Linder Roads at 4650 N. Linder Road and 1437 W. McMillan Road Request: Conditional Use Permit for aMulti-Family Development Consisting of 84 Dwelling Units in the R-15 Zoning District H. Final Order for Approval: 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 Final Order for Approval: MFP 13-002 Reflection Ridge Sub. 2 by Mission Coast Properties ID, Inc. Located 4275 S. Locust Grove Road Request: Modification to the Final Plat for Meridian City Council November 26, 2013 Page4of41 Reflection Ridge Sub. 2 to Remove the Stub Street to the North Across the Ridenbaugh Canal J. Continued from November 19, 2013: Final Order for Approval: FP 13-039 Tradewinds Subdivision No. 2 by Don Newell, SDN, LLC Located at the Southeast Corner of S. Victory Road and E. Locust Grove Road Request: Final Plat Consisting of 22 Single-Family Residential Building Lots and 2 Common/Other lots on 10.42 Acres of Land in an R-8 Zoning District. K. Police Department: Memorandum of Understanding (MOU) between Boise Police Department and Meridian Police Department for Use of Canine Holding Facility L. Approval of Contract Amendment No. 2 for "Landscape Services" to Lawnco for the Not-To-Exceed Amount of $98,463.00 M. Approval of Task Order 10264a for Professional Services for "NPDES Permit Strategy and Technical Assistance for 2014" to HDR Engineering, Inc. for the Not-To-Exceed Amount of $175,000.00 N. Water Main Easement from James Patterson O. Budget Amendment -Public Works Staff -Inspector II for the Not-to-Exceed Amount of $90,052.73 P. Budget Amendment -Public Works Staff -Surveyor II/Inspector II for the Not-to-Exceed Amount of $94,255.81 Q. Budget Amendment -Public Works Staff -Staff Engineer II for the Not-to-Exceed Amount of $89,544.27 R. Budget Amendment -Public Works Staff -Engineering Technician II for the Not-to-Exceed Amount of $72,761.73 S. Budget Amendment -Public Works Staff -Management Analyst for the Not-to-Exceed Amount of $89,534.39 T. Budget Amendment -Public Works Staff -Water Operator II (Utility Locates) for the Not-to-Exceed Amount of $89,159.48 U. Approval of Bids and Agreements for the "Wastewater Treatment Plant (WWTP) Administration and Lab Buildings - Construction: to Multiple Contractors (Bid Packages 4-20 and Meridian City Council November 26, 2013 Page5of41 22-25) per the Following, for aNot-To-Exceed Total Amount of $4,701,154.00. These Awards are the Result of the Formal IFB Issued September 23, 2013 and Opened October 17, 2013. Sixty Nine Bids Were Received for all Bid Packages. BP4 Concrete: Quality Concrete, Inc. $219,231 BP5 Masonry: Slattery Mitchell, Inc. $30,735 B06 Steel: Mountain Steel $473,250 BP7 Cabinetry & Trim: Dura-Top $175,490 BP8 Roofing & Siding: Modern Roofing $284,367 BP9 Doors & Frames: D&A Door & Specialties, Inc. $124,210 BP10 Overhead Doors: Overhead Door Co. $29,430 BP11 Storefronts: Custom Glass, Inc. $186,799 BP12 Drywall, Metal Studs & Acoustical: Northwest Interiors $711,965 BP13 Exterior Finish System: Desert Sage $108,600 BP14 Tile: Creechley Tile $39,316 BP15 Floor Covering: Designer Floors $94,500 BP16 Concrete Grinding & Polishing: OEC Flooring $21,305 8017 Painting: All Colors $26,842 BP18 Specialties: SBI Contracting $41,500 BP19 Operable Partitions: Hardware Sales & Service, Inc. $14,814 BP20 Window Coverings: Northwest Sales & Distribution $15,349 BP22 Fire Protection: Absolute Fire Protection $34,990 BP23 Plumbing: Lacy Mechanical $543,000 BP24 HVAC: Hobson Fabrication $959,400 BP25 Electrical: Energy Enterprise Group $566,061 De Weerd: Item 5 is our Consent Agenda. Hoaglun: Well, Madam Mayor, we have no changes in our Consent Agenda, so I move approval of the Consent Agenda. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as printed. Madam Clerk. Zaremba: Madam Mayor? De Weerd: Oh, I'm sorry. Yes, Councilman Zaremba. Zaremba: Is the maker of the motion including authorizing the Mayor to sign and the Clerk to attest? Hoaglun: Yes. Zaremba: Thank you. De Weerd: We can't let you slide, even though you're starting to get short-termer's attitude there. Meridian City Council November 26, 2013 Page6of41 Hoaglun: Yeah. I thought it was -- you know, that's what they do. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Community Development/Legal: Request from Tom and Cheri Warhurst regarding removing property located at 3577 S. Cloverdale Road from Meridian Area of Impact De Weerd: Item 6 is under Community Presentations and so, I don't know, do I turn this over to -- Bruce. Chatterton: Mayor and Council Members, this is a bit of an unusual item. Of all of the boundaries that we deal with in the planning realm, zoning, subdivision lines, really the most general that we deal with is the area of impact and every now and then we have a need to make some minor adjustments to the -- to the city area of impact. We received a request from Cheri and Tom Warhurst to remove just under five acres -- 4.5 acres of land from our area of impact. You can see in the graphic there the site is located off Cloverdale, south of Victory. Currently it's not contiguous with Meridian city limits and, in fact, there are some intervening county subdivisions, which probably won't be annexed any time soon, and we understand from Public Works that the extension of Meridian utilities may not happen for some time. Could be ten, could be 20 years, but it would be some time before that might happen. The property owners desire to develop their property sooner than that and what they would like to do is add their property to the developing Antler Ridge Subdivision. So, their request is to be able to move into Boise's area of impact. That would allow them to be annexed by Boise. There is a path to annexation there. And also allow the extension of Boise city utilities. If you agree with this request the Mayor would be asked to sign a letter relinquishing this property and removing it from our area of impact, so that Boise and Ada County can take the necessary steps to modify their area of impact boundaries. We decided that since the applicants will need to go through a process with both Ada County and city of Boise that having them go exactly the same application to amend our area of impact just didn't make sense. So, working with legal we felt that a letter of relinquishment signed by the Mayor -- of course upon motion by City Council -- approval of motion by City Council would be sufficient to let those other jurisdictions know that we want to amend the area of impact and would let these -- these property owners move ahead with their development plans. I'm not sure if the Warhursts are here tonight. I believe they are. Meridian City Council November 26, 2013 Page7of41 Mayor, that's all the questions -- or all the information staff has. I would be happy to answer any questions. De Weerd: Thank you, Bruce. Any questions for Bruce at this time? Rountree: I have none. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Bruce, if that line is moved does it go farther to the west or does it just go to that property edge? Chatterton: It would go to that property edge, Council Member. Hoaglun: Okay. Thank you. De Weerd: Would you like to make any comments? If you do you -- yes, I would invite you forward. If you would, please, state your name and address for the record. Warhurst: I'm Cheri Warhurst at 3577 South Cloverdale Road. De Weerd: Thank you Warhurst: And we are just interested in exercising an option to, you know, work with Antler Ridge, since it's coming into the south of us and, you know, we would like to go through this as inexpensive as possible. So, I would appreciate your recommendation to go ahead take the impact off so we can annex into Boise city. De Weerd: Thank you. Council, any questions? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I was going to ask this of staff, but you may know the answer as well. The Antler Ridge Subdivision, as I recall, was at one time split and part of it -- about where the blue dotted line is was in our area of impact and I think we did something with Boise and the county that relinquished that, so that they would only have one jurisdiction, so it kind of makes sense to -- so I have got my answer and Bruce is nodding his head yes, that we have relinquished the entire Antler Ridge, which makes sense to me and it makes sense for yours as well. Would you have any idea what the two -- it looks like two property owners to your east, between you and Cloverdale, are planning? Meridian City Council November 26, 2013 Page8of41 Warhurst: So far that is to ten acres plus and it's been up for sale a couple of times. We have lived there for ten years now at 3577 South Cloverdale. It's been up for sale a couple of times, but has not improved or done anything. But I do have a feeling that development is going to be in the future. That's just my opinion. Zaremba: Well, Iwould -- I think I already said it, but I have no objection to unifying all of that and making it work for you. Warhurst: Thank you. De Weerd: Thank you. Bruce, Iguess -- I don't have -- as Councilman Zaremba has indicated, I don't have any concern on this one, but I guess what I do have concern on is that this line is going to get real muddy, because services are very close on the Boise side and it's not yet on the Meridian side. It should not be a race as to who can serve it the fastest. These lines were drawn between the City of Meridian and the city of Boise and primarily when the line has been altered it hasn't necessarily been because it's the cheapest and quickest, it's been because of service and what makes sense. Some of it's been on a ridge, it makes more sense going into Boise, some of it's even come the other direction, but where do we draw that line? Chatterton: Mayor, I mean that's a great question. Often area of impact boundaries are set years and years before actual development decisions are made. It really is a judgment call, because what the area of impact says under -- under law is that the jurisdiction that has that area of impact, It's planning to serve at some point in the future. There is no actual horizon for that. So, this really comes down to a judgment call of do you want to tweak the line to -- in the interest of allowing development to take place because the expediency that utilities are available or do we want to take the longer view of -- of having this area at some point serviced by Meridian. That really is a judgment call. We -- we felt that because Meridian could not provide those utilities in the short term, that it was worth bringing this to you for discussion. But that really -- that really is a judgment call. Area of impact lines are usually, as I mentioned earlier, very general, sometimes it's necessary to get a bit more detailed with them. This is one way to do that. But it's certainly not a cut and dried yea or nay issue. De Weerd: Councilman Rountree. Rountree: Madam Mayor, thank you. I'm okay with this request and with the staff's recommendation. I think this is yet another of not too many of these kinds of instances we have looked at over the years and where it made sense and where utilities we there and where property boundaries were such and dividing neighborhoods was such that we went along with it, I think it -- it stands out as a -- and it should be seen as an opportunity for us as we move forward with trying to solidify those boundaries in code that we can work reasonably with our neighbor cities and make these adjustments cooperatively and we don't have to necessarily tread on one another to do it. So, I think we ought to use this as an example and several others that we have done in the past as Meridian City Council November 26, 2013 Page9of41 we moved forward with some potential changes to the Land Use Planning Act in the near future. De Weerd: Any further discussion? Bird: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we have no more discussion, I would move that we allow the Warhurst property to be removed from Meridian's impact area and allowed to go into the Boise impact area and for the Mayor to sign a letter stating so. Rountree: Second. De Weerd: Okay. I have a motion and a second. Mr. Zaremba. Zaremba: Madam Mayor, if I may. A question for Mr. Baird. Would it be any value -- I know a letter from us sounds like a good idea, but would it be also a good idea to have the property owners sign a little thing at the bottom that says we concur, so that it doesn't appear that we are initiating this, we are -- we are helping it along, but could we have the Mayor and the property owners sign it? Baird: Madam Mayor, Members of the Council, Council Member Zaremba, the letter will likely reference the initiation of the request from the Warhursts and this will just be one component of the package that they need to go to the county and to Boise city and they can show that it's been considered and that the City of Meridian is in agreement and we will process the appropriate amendment to the Comprehensive Plan to make that line more definite to exclude this if everything is successful. De Weerd: And they will indicate their agreement by application, so -- I'm sure if they didn't want to do it they wouldn't apply, so -- Zaremba: Thank you. De Weerd: Okay. Do we want a roll call? Yeah. 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 November 26, 2013 Page 10 of 41 Item 7: Items Moved From Consent Agenda De Weerd: Thank you for being here. There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and local amendments (Title 10, Chapter 1, Meridian City Code) De Weerd: So, we will move into our Action Items. Item 8-A is a public hearing and I will turn this over to Brent. Bjornson: Madam Mayor, Members of Council, good evening. I'd like to provide a brief recap for everybody on the building code adoption and the public hearing and first reading this evening, which is for the adoption of the 2009 International Residential Code, the 2012 International Building Code and the 2000 International Energy Conservation Code with local amendments. As you are aware, the City of Meridian and other municipalities are required by statute to adopt these codes following the state adoption of January 1st the following year of the state adoption, which occurs in July and so we are on pace to do that. We have previously presented to the Builders Council Association and to you at a regular City Council meeting in October. We have noticed the other organizations locally that we are required to by statute and we have published in the Valley Times of this public hearing tonight. Our timeline, essentially, for the second reading is December 3rd. The 3rd reading with adoption would occur on December 10 and we are looking at an effective date of January 1st, 2014. I would like to add that the code adoptions are the minimum requirements as written. The local amendments that we have done is just a couple of clean up items for clarity and to the local amendments there are some flood plain changes that Dave Miles will speak to, I think one of the next items down after fire. That's really all I have in covering the general adoption of our building codes to following the state and I'm willing to stand for any questions at this point. De Weerd: Thank you, Brent. Any questions for Brent at this point? Bird: I have none. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council, do you want to leave the public hearing open through all three readings of this ordinance? Bird: That would be my preference, Madam Mayor. De Weerd: Okay. Meridian City Council November 26, 2013 Page 11 of 41 Rountree: Yes. Madam Mayor, a question for Councilman Bird. What was the organization you mentioned last week that I think includes the developers, as opposed to the builders? Bird: BOMA. Rountree: BOMA? Madam Mayor, my suggestion is that we make sure that BOMA gets an opportunity to look at the local amendments and maybe suggest amendments that we might want to consider as well. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: And Ithink --Ithink Bruce is familiar with BOMA. Chatterton: Yes. Bird: The business owners. Baird: Madam Mayor? De Weerd: Mr. Baird. Baird: Does Council want to consider directing staff to have the second and third readings next week so this can move forward towards that implementation of the first of the year or is there a preference to -- because additional organizations to be notified to have the second reading next week and the third reading on the 17th? De Weerd: Ithink we should have all three readings, unless Council - Rountree: No. I agree. Bird: I agree with -- Baird: No additional motion would be necessary to effect that. We just thought -- Brent had mentioned that there was a possibility of collapsing them next week, but it makes sense, unless there is an urgency, maybe we should inquire to make sure that that was part of their plan. B. First Reading of Ordinance No. 13-1582: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and local amendments (Title 10, Chapter 1, Meridian City Code) Meridian City Council November 26, 2013 Page 12 of 41 De Weerd: Okay. I will ask Madam Clerk, then, to read Ordinance 13-1582 by title only. Holman: Thank you, Madam Mayor. City Meridian Ordinance No. 13-1582, first reading. An ordinance repealing and replacing Title 10, Chapter 1, Meridian City Code, adopting the 2012 International Building Code, 2009 International Residential Code and the 2009 International Energy Conservation Code and local amendments thereto. Adopting a savings clause and validity and penalty section and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? C. Public Hearing: Adoption of 2012 International Fire Code and local amendments (Title 10, Chapter 4, Meridian City Code) De Weerd: Okay. Item 8-C is a public hearing on the adoption of the 2012 International Fire Code and local amendments. I will open this public hearing as well with staff comments. Hi, Perry. Palmer: Hi. Madam Mayor, Members of the Council, this is -- coincides with the building code adoption and I would echo much of what Brent has had to say as far as the notifications and the processes that we have gone through to make the changes public, so that people have had an opportunity to give input and feedback on the proposed changes and with that I will stand for any questions. De Weerd: Council, changes -- or I mean any questions. Changes. Any questions? Rountree: Madam Mayor. Perry, I just echo what I just indicated and I think to the rest of these, make sure the BOMA is included in your distribution. Palmer: Very well. De Weerd: Okay. Thank you. Palmer: Thanks. D. First Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and local amendments (Title 10, Chapter 4, Meridian City Code) De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Madam Clerk, at this time will you read under the first reading of Ordinance 13-1583 by title only. Meridian City Council November 26, 2013 Page 13 of 41 Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1583, first reading. An ordinance repealing and replacing Title 10, Chapter 4, Meridian City Code, adopting the 2012 International Fire Code and local amendments thereto and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? And, again, we will have the second reading at our next meeting and the final reading, then, on the 18th of December. E. Public Hearing: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) De Weerd: Item 8-E is a public hearing on the updates to the Meridian Flood Damage Prevention Ordinance. I will ask for staff comments. Hi, Dave. Miles: Thank you, Madam Mayor. Hello. Members of the Council. This is part three of kind of the ordinance updates. This is in relation to the Flood Damage Ordinance Prevent -- Prevention Ordinance and we will stand for any questions. This is the second time we have been here discussing this and with Councilman Rountree's suggestion we will also consider the BOMA in future readings and get comments back from them. And with that I will stand for any questions. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. F. First Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Madam Clerk, will you, please, read Ordinance 13-1584 by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1584, first reading. An ordinance repealing and replacing Title 10, Chapter 6, Meridian City Code, regarding flood damage prevention. Findings of fact, purposes, objectives, definitions, general provisions, administration, provisions for flood hazard reduction and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. I will again repeat that these three ordinances will be read on December 4th and December 18th and the public hearings are open until that time. Meridian City Council November 26, 2013 Page 14 of 41 Bird: December 3rd. Rountree: 3rd and 10th. De Weerd: 3rd and 18th. Bird: And 17th. Hoaglun: You're right. 3rd and 18th. De Weerd: No. Hoaglun: That's 2012, so -- De Weerd: Oh, 2012. One of these days I will get a calendar in front of me that -- Rountree: We will get you a new calendar at the end of the month. De Weerd: Can we please buy that one. Bird: Here, you can have this 2013 at the end of this month. De Weerd: No. I want one right there. Bird: I have got one right there. De Weerd: December 12th or -- 2012 doesn't cut it. Okay. Whatever. It's going to be read again the third week in December and with possible Council action. Okay? G. Public Hearing: AZ 13-008 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Annexation of Approximately 103.04 Acres from the RUT Zoning District in Ada County to the R-4 (Medium-Low Density Residential) and R-8 (Medium Density Residential) Zoning Districts H. Public Hearing: RZ 13-008 Oaks North and Oaks South by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks South) and North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road (Oaks North) Request: Rezone Approximately 33.08 Acres from the R-8 (Medium Density Residential) and R-15 (Medium-High Density Residential) Zoning Districts to the R-4 (Medium-Low Density Meridian City Council November 26, 2013 Page 15 of 41 Residential)(1.77 Acres), R-8 (Medium Density Residential) (7.43 Acres), R-15 (Medium-High Density Residential) (18.34 Acres) and L-O (Limited Office) (5.54 Acres) Zoning Districts for Oaks South Subdivision AND Rezone Approximately 298.33 Acres from R-4, R-8 and R-15 Zoning Districts to the R-4 (160.06 Acres), R-8 (104.56 Acres), R-15 (33.71 Acres) Zoning Districts for Oaks North Subdivision Public Hearing: PP 13-013 Oaks South Subdivision by Coleman Homes, LLC Located South Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 310 Single Family Lots, One (1) Multi-Family Lot, Six (6) Office Lots, One (1) Park Lot, One (1) Other Lot and 33 Common Lots on Approximately 135.93 Acres in a Proposed R-4, R-8, R-15 and L-O Zoning Districts J. Public Hearing: PP 13-014 Oaks North Subdivision by Coleman Homes, LLC Located North Side of W. McMillan Road Between N. McDermott Road and N. Black Cat Road Request: Preliminary Plat Approval of 653 Single Family Lots, Three (3) Multi-Family Lots, 40 Common Lots and Two (2) Other Lots on Approximately 252.12 Acres in a Proposed R-4, R-8 and R-15 Zoning Districts K. Public Hearing: MDA 13-015 Oaks North and Oaks South Subdivisions Located North and South Side of W. McMillan Road, Between N. McDermott and N. Black Cat Roads Request: Development Agreement Modification to Replace Recorded Oakcreek DA (Inst. #109009629) with New Development Agreement Pertinent to the Oaks North and Oaks South Subdivisions De Weerd: Now we will go onto the next item, because I don't have to talk about any dates on those. Okay. Item 8-G, H, I and J and K are public hearings on AZ 13-008, RZ 13-008, PP 13-013 and PP 13-014. I will -- oh. And MDA 13-015. I will open all of those public hearings with staff comments. Parson: Thank you, Madam Mayor, Members of the Council. Certainly have a large subdivision before you this evening and I will try to keep my comments and my presentation brief as we move forward and hit on the high points. This property was before you in 2008 and was annexed with a conceptual development plan. With that plan there were some conceptual lot layouts, a mix of housing products, townhomes, single family homes, multi-family. At the time that the applicant came through with their annexation proposal there wasn't a clear vision from the applicant on how he was going to service approximately 288 acres and so in order to develop the 30 acres that he controlled on the southwest corner of Black Cat and McMillan the applicant actually Meridian City Council November 26, 2013 Page 16 of 41 annexed in 200 acres, so he could plat this portion. In order to allow him to do -- the city just doesn't allow someone to annex in and give them blanket zoning without a development agreement and so at that time he gave us a conceptual development plan. There were some commitments for future road networks, pathway networks, lot layouts, densities, the number of lots that could develop on that lot. Now that the applicant is here this evening to discuss specific development plans, the original development agreement basically needs to be amended or gone away with and staff is proposing a new development agreement -- the applicant enter into a new development agreement this evening for you. As I move into my presentation tonight I will try to stick with the Oaks South presentation and, then, transition into the Oaks North presentation, so we don't get both conditions and DA provisions muckied up throughout this public hearing process. The one thing that's happened since they have come through is the applicant's actually acquired additional properties that he wants to incorporate into his annexation boundary or his plat boundary and that would be those two -- approximately 103 acres sandwiched between -- located on the south side of McMillan Road in between McDermott and Black Cat. You can see there are several large parcels here that are in between existing subdivisions and properties already been annexed into the city. If you look at the aerial you can see this proposed development is on the fringe of Meridian, so there is not a lot of construction activity in the area. It's primarily agriculture in nature. I would bring to Council's attention and Mayor's attention that we do have some large subdivisions that are approved and planned in the area on the east side of Black Cat and that would be Bainbridge and Volterra Subdivisions and they are currently R-8 and R-4 in the city as well. Here is the Comprehensive Plan that designates the property as medium density residential. Under the Comprehensive Plan staff -- or at least the city envisions dwelling units between three and eight units to the acre. On the southern portion of the site you can see there is a future park site located on that portion as well and there is also one on the lower section. There is also a fire department similarly located on that site and, then, underneath that symbol is some office designations that I will get into a little bit further, but the applicant's actually floating that office designation a quarter mile to the west, so that they can propose some office lots and I will get into that as I get to the south presentation. So, here is the proposed Oaks South preliminary plat. It consists of 310 residential lots, amulti-family lot, six office lots and some -- a city well lot, interim lift station lot, and also as I mentioned a WARD park site located here along McMillan Road here in the northwest corner and, then, even a potential fire station lot located on this office lot here. The proposed plat will have a collector road system consistent with the master street map approved by ACHD. That access will come about the mid mile here and collector will be here to the south and ultimately terminate to the south boundary consistent with that plan. As you know ITD is currently in the process -- has completed the alignment study for future highway extension of 16. The applicant is preserving a reserve strip along the boundary of the park site, so that ITD can acquire that in the future, if and when an overpass is envisioned to go across McDermott Road and ultimately tie into that street network. As a result of that overpass that may occur there is planned for that area, the applicant is providing a collector bypass road to circumvent the overpass and, then, tie back into the southern leg of McDermott Road here and that is the main reason why the office lots have shifted over to -- from the mid mile point to the quarter mile, just to allow Meridian City Council November 26, 2013 Page 17 of 41 that development, multi-family to align with the collector street system to provide better access to the site and get the traffic into the development a little bit easier. As I mentioned to you a portion of this subdivision will be zoned R-4 and R-8, so there are transitional lot sizes along -- at least this portion of the development will have larger lots consistent with the R-4 zoning and, then, towards McMillan Road the applicant is proposing more of your patio home size lots zoned R-8. With the development of the adjacent subdivision to the east the applicant has provided two stub streets. Those will be extended with this development as well. As I transition into the landscape plan you can see here that this site -- this evening the applicant is proposing approximately 20 acres of open space, which is in excess of -- it is almost 19 per open space for the site, which is well in excess of what the UDC requires. A majority of that contribution will be for the future WARD park site here located along McDermott Road and McMillan and, then, also the applicant is required, per the pathways plan, to construct a linear open space along the Five Mile Creek and he is also proposing a 14 foot pathway segment for almost three quarters of a mile to be extended. You can see the applicant is proposing eight foot parkways, which -- along the adjacent local streets. As part of phase one the applicant is also proposing a pool facility, tot lot, covered picnic area and that will, again, be developed with phase one. When we were at Planning and Zoning Commission there was -- on this plan you can see here there was an existing residence that they have identified that would remain with the development of his site. Since that time the applicant has acquired the property and they are currently going to -- their plans are to scrape the house now and just strip out another lot there and complete the common lot across the frontage of that. So, this lot will have access to the internal -- adjacent internal street. One other item I'd bring to Council's attention was in our staff report and recommendation to Commission we did ask for an additional pathway connection through this block to break up the block length. The applicant did submit a revised concept plan -- or revised plat and they did add that pedestrian connectivity. So, this portion of the plat and subdivision complies with all the dimensional standards of the R-4 and R-8 zone. It does meet all the block length requirements, as well as is identified and required in the UDC. One item that I wanted to bring to your attention this evening is how to provide access to the common lot. Currently there aren't any curb cuts showing. As I mentioned to you this is a collector street. Under the UDC we try to -- we typically try to restrict access points to collector streets. If the Council feels it's appropriate to allow that access to that street we will certainly include that in the conditions of approval. The way we have it structured now when the applicant comes in with the common -- or the office lots we are looking for across-access agreement for some of those lots to have shared access, so that each lot does not have access to that roadway -- at least their own curb cuts in that roadway. I'd also mention to you that if this office lot develops with the fire station lot, the proposed concept plan did show an access onto McMillan Road for the fire station lot and one to the collector road, so that's in your purview tonight. Staff would ask that you entertain that as well in your motion that you will support those access points or ask the applicant to remove that and provide cross-access. Moving onto the north -- Oaks North Subdivision. This property consists of approximately 252 acres. We are looking at 653 residential lots, three multi- family lots and one mini storage lot, for a gross density of approximately three units to the acre, slightly on the low side as anticipated by the comp plan. This site is also Meridian City Council November 26, 2013 Page 18 of 41 designated with a collector street system and, again, it would align with the collector street proposed at the south -- or proposed with the south subdivision and it does transverse and run north-south through the development and ultimately stubs at the north boundary of their project. An east-west segment collector road is also proposed here that will dive into adjacent vacant agricultural property at this time. As you can see here I have that highlighted on here. My presentation to the Commission encouraged that the applicant shift this roadway to the north to better align with the collector system designed for Volterra South Subdivision -- or, excuse me, Volterra Subdivision here. The applicant has elected to not shift that roadway and would like to discuss that with you this evening. I think in our presentation tonight we believe that this is an appropriate location, it still would allow for that connection to happen across this property and we do have a provision in the staff report that just basically states -- generally align that with -- with the stub -- the collector system in the Volterra Subdivision. So, I know when we went to P&Z hearing we did receive written testimony from the adjacent developer and he was interested in having that street shift northward slightly to -- to allow him to design his plat a little bit differently moving forward. But as I have mentioned to Council we do not have a development agreement -- or development application on this site yet. Staff has processed an application, but it has not been deemed complete, nor have we reviewed it for completeness, so it's currently just kind of in queue for now, but I did want to bring that to your attention this evening. One other item I would mention to you is currently along the northeast corner of this site here you can see the applicant does front on Black Cat. One of the recommended DA provisions this evening is that we allow him to have an interim access point to Black Cat at that point until such time as this collector street punches through and connects to Black Cat and aligns with the collector street in Volterra. There will be additional stub streets provided. As I mentioned to you, two local streets will be stubbed at the east boundary for future connectivity and the applicant is also providing a stub street to an adjacent RUT county parcel along the west boundary. One I would bring to Council's attention, too, is with the open space and given the proximity to the future Highway 16 alignment, the applicant's actually proposing larger buffers than required -- than would be required by the UDC. Just like the Oaks South Subdivision the applicant is also proposing the bypass collector street system on the overpass and that would allow folks to get to -- to the north leg of McDermott Road. At some point staff anticipates that McDermott may be downgraded from an arterial to a collector street. We are currently having those discussions with ACHD on how to address that, but ultimately in the future McDermott Road will basically become a backage road to Highway 16 in the future. Here is the open space before you this evening. It consists of approximately 12 percent open space. The primary open space would be that central neighborhood park and this is a private park. As I mentioned to you earlier, the Comprehensive Plan did designate a neighborhood park site generally in this vicinity as we move forward through the planning process or the hearing process. Commission did bring forth a recommendation for you this evening to require a portion of the park site. In working with the applicant and meeting with legal staff the Parks Department is now backing off on that recommendation this evening. They are not proposing that the applicant dedicate any park site or any portion of that. In my presentation to you tonight I will be asking Council to delete and strike that DA provision moving forward and the applicant Meridian City Council November 26, 2013 Page 19 of 41 is here to address any concerns you may have with that requirement. The internal local streets will have eight foot parkways and, again, that does count for -- there is a pretty significant pathway system as it was proposed with the Oaks South Subdivision. It will run along the collector system proposed for the development and, then, terminate at the east boundary here. Ultimately this will come across the property to the east and tie into the parkway system approved with the Volterra Subdivision. So, as you can see between both developments we are getting quite abit -- or a large amount of pathway segments here. As an additional amenity the applicant is proposing we have the Creason Lateral here that kind of runs in between the center of the property. The applicant is proposing to pipe that and also construct a ten foot pathway along that and creating a linear open space to tie into not only the park, but also provide future connectivity to the adjacent properties as well. Here are the proposed elevations that the applicant is showing tonight. This is pretty consistent as to what is being constructed in the Oak Creek Subdivision to east adjacent to the Oaks South project. The applicant is proposing additional language to allow a little more flexibility here. It seems like Coleman Homes, their communities, they like to tweak their elevations, so they don't want to be specifically tied to these elevations, they want some latitude in the language to allow them -- as long as they keep the general concepts and the building materials that they would have latitude to come in with additional plan models -- additional model homes for staff approval moving forward, just to give more variety and a different flare out there, so they are not -- every home is the same through each block and staff is amenable to that request. So, the one -- probably the major one item that I do want to bring up with the DA modification this evening will be -- as I mentioned to you staff is recommending that the original DA be replaced with a new DA. Basically what that will do is that 30 acre subdivision that I discussed that was platted and approved under the subdivision process, that would be eliminated or would no longer be subject to a development agreement. So, the only conditions that would stay with that land would be the approvals of the plat. So, that would be driven by the plat conditions. I would mention to you that that subdivision did develop consistent with the approved plat and did develop with -- consistent with the development -- the original development agreement. So, staff doesn't really have any concerns with that property no longer being subject to a DA. We feel we have adequate plat conditions in place to insure that that site continues to remain as it was presented to you and as it's being constructed at this time. Sorry for the condensed version here. Because this is such a large project I did want to at least get those recommended DA provisions in front you this evening and what I tried to do is under -- bold and underline what the applicant is proposing as part of the DA provisions tonight and I would mention to Council that staff is agreeable and amenable to all of these recommended changes. As I mentioned to you, the first one deals with the elevations. Basically they want a little more flexibility as long as the same architectural features and building materials as represented in quality homes -- will allow them to change or have different elevations in what are -- or at least allow them to have the flexibility there. As I mentioned to you, the office lots, there aren't any conceptual elevations presented to you for those portions of the development. Per our standard condition they will have to come back for CZC and design review moving forward per our code. We wanted to make sure we had that language in the DA. I would also mention to you that in the application submittal the applicant did propose to dedicate Meridian City Council November 26, 2013 Page 20 of 41 that fire station lot, the well lot, the lift station lot as part of their proposal. The applicant wants some latitude as far as the fire station lot to be reimbursed through some impact fee credits. We have discussed this with legal, they are in agreement with this language. If the applicant or the fire department does not purchase the lot or does not negotiate a purchase price with the applicant, the applicant will have to come back at some future date and amend that DA if the fire station lot is not part of the development. As far as phasing purposes, one thing I failed to mention to you was -- because of the size of the project there are multiple development phases. The Oaks South project will have nine development phases. The Oak North project will have 22 phases is what the applicant is proposing. What we have tried to do with this language is if one phase plats in Oaks South, that would keep both plats alive, so that they wouldn't have to come back for subsequent time extensions as they move through the platting process and we did that with the Volterra Subdivision to the east and we felt it was appropriate in this case, that way we are not having them to come back and move forward. I know typically Council likes to have their ayes on the time extensions, so that if any ordinances change or anything changes per code we can usually require that of them. But my recommended provision in L speaks to the fact that they will comply with all city ordinances in effect at the time of final plat submittal, so I think we have that captured in their -- anything they bring fourth will have to comply with any sewer, water improvements, street improvements, and so forth and so on. Open space requirements. As I mentioned to you, the applicant is proposing at least one of the neighborhood parks depicted on the old south plat will be a WARD park and they have negotiated with that entity. They are going to dedicate that. In working with the parks department they are amenable to allow that to suffice for the neighborhood park for the Oaks South project and so we have conditioned that appropriately. The other two provisions deal with water service and interim lift stations. The applicant will be responsible for constructing their own sewer system per the specifications of the Public Works Department to be operated and owned by the city moving forward. I know those designs aren't finalized yet, but the applicant has been working with our Public Works Department and they are getting close to finalizing those plans as well. The other item is the outdoor storage lot. When we were at Planning and Zoning Commission this was a topic of discussion, because, typically, under the requested zoning district of R-15, outdoor storage is an accessory use in that zoning district. So, the way staff use it is if it's going to be an amenity to the development or for the use of the adjacent Oaks North or Oaks South development, we will allow that as an accessory use. If it's going to be a stand alone commercial building it's not allowed in the R-15 district, the applicant will have to come back at some point -- if that's their intention they would have to come back at some point, go through a comp plan change, rezone the property and go through whatever process we have in place to get that use established on the site. I would mention to Council that that is the 22nd phase of development, so we have quite a ways before we look at that, but moving forward the Commission felt there was adequate time to work with the applicant on that and they didn't see any concerns with this DA provision and certainly the developer was -- said because it is 22 phases they don't know if that will actually be an outdoor storage lot, if it made sense to have they were fine with that condition or provision moving forward. I'd also mention because there are multiple multi-family lots those aren't uses that are outright permitted by the Meridian City Council November 26, 2013 Page 21 of 41 code and they will have to come back through a conditional use permit, but staff has recommended a density range on those multi-family lots and we are proposing density between eight and 15 dwelling units to the acre. So, if you are going to propose multi- family we want at least some density on that site consistent with the comp plan. Ultimately through a conditional process we will determine the -- the appropriate density moving forward. And, then, the last item that I wanted to touch on was -- as I mentioned to you they are reserving basically those common lots to be reserved for ITD expansion for the overpass. Staff's original conditions and deeds of right of way to ITD -- staff meant to say preserve. So, the applicant crafted this language and I think we are amenable to just saying preserve. It makes sense. They don't know if it's going to be built. They don't know the timing for that, but at least we will have something in place that says, hey, at least it's on the books, it's going to be preserved there, so that if and when it happens we can communicate that to ITD and I would also mention to you that the applicant has spent quite a bit of time with ITD on that alignment and where they would want the overpass right of way to be preserved, so it is consistent with their meetings with ITD as well. ACHD has not provided final comments on this application. We did receive draft comments from them in general terms. They are in agreement with the alignments of the roads as presented to you this evening, so there aren't any mayor issues to really work out with ACHD. They have accepted the traffic study on this application and I think Becky told me she just recently got a revised staff report from ACHD, so I looked at the staff report today, nothing blares -- nothing outstanding blared out -- stuck out to me that I needed to bring up with you this evening. If Becky has anything to add I'm sure she will. As I mentioned to you, the Planning and Zoning Commission did recommend approval at their hearing on the 17th. There were a couple adjacent property owners that testified and they were neutral, they just wanted to know future access and future plans. Becky did submit written testimony on the application and we have addressed those comments this evening. Mr. Scott Noriyuki submitted comments on the application. He represents the adjacent property owner to the east and, basically, the gist of his letter was the alignment of that collector street in the north subdivision that's stubbing to the east. Again, he was one of the adjacent property owners that wanted it to shift to the north and, then, he wanted -- and the main reason why they wanted it to shift to the north because they were interested in working with the Parks Department on dedicating a portion of the neighborhood park. So, staff and the developer and the previous -- and the adjacent property, we are all trying to get together to come up with a compromise to align the road, to get the park placed. At this point, as I mentioned to you, Parks has, basically, decided they -- they are not pushing for the park at this point and would recommend that provision be stricken from the DA provision and any condition of approval. Items of discussion at the hearing. Again, as I mentioned to you, the outdoor storage facility, the dedication of the park, the realignment of the collector street for the Oaks North Subdivision. One item that staff was concerned moving forward with the Oaks North project was we weren't sure if there were adequate amenities for that -- for the size of that development. So, during the public hearing the applicant did clarify that additional amenities would be provided and could vary. There are specific amenities proposed, but there could be additional tot lots, additional seating areas, picnic areas, pathway signage out there, additional sports courts. So, I think based on that conversation at the hearing Commission felt Meridian City Council November 26, 2013 Page 22 of 41 comfortable and staff felt comfortable that the site would comply with the open space and -- or the site amenity requirements moving forward and we will certainly -- with each phase of the final plat we will insure consistency with those requirements. The one item I wanted to touch base on -- or at least one of the changes to the staff report -- Bruce was trying to -- as you recall we are trying to at least give applicants flexibility as to providing that secondary water connection for the certain number of lots and Bruce built that flexibility into this project as well. Becky has submitted written testimony since the P&Z hearing. As I mentioned to you I would present the proposed changes to the DA provisions. Staff is recommending that you strike Condition 1.2.8, which is also the requirement for the park site and we are also requesting you strike Condition 1.3.8 as it references the existing home remaining with the Oaks South project. That is no longer applicable, because the home is going to be scrapped and so the only other outstanding issue before you this evening, as I mentioned to you -- as I failed to mentioned I guess is, one, because the Settlers Canal does run along a portion of the site and is a large facility, the applicant is seeking Council approval to leave that open as they did with the Oak Creek Subdivision to the east. One thing I would like to go back to the plat, if I could. I want to mention to Council. I want to mention to Council that this block length here is at 1,200 feet. Under the UDC you have the authority to approve that block length in that if there is a restrictive roadway and open space provided. So, in this case we have McMillan Road, which is an arterial. We want to restrict that access. So, in this case the applicant is providing a mid block connection here. There is substantial linear open space here to break up the block face. Staff is supportive of the applicant's request to leave that 1,200 foot block length, they felt that was appropriate given the proximity to the arterial street. So, other than those three additional items, like I said, the project is pretty clean. The applicant is here to prove their case. Staff has no other outstanding issues to describe for you and I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions for Bill at this time? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to make comment? McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. Engineering Solutions. Business address 1029 North Rosario, Meridian. This project we have been working on it for years and it's been a long haul. When we came before you guys in 2008, '9, and got the majority of it annexed and zoned, we were kind of waiting for ITD to make a determination on that Highway 16 alignment. Obviously that alignment has been chosen and so we know what the future holds, we just don't know when it will happen. So, one of the things that -- that took so long to figure out was transportation. This particular project is I think a prime example of where you have integration of transportation and land use. We tried to factor in all of the future transportation needs out in this area, which included the fact that Highway 16 will lie just west -- oh, Bang it. let's see. We will -- Bill, what's going on, why is it doing that to me? Meridian City Council November 26, 2013 Page 23 of 41 Highway 16 will lie just to the west of McDermott Road. So, one of the things that was a challenge for us is typically a project of this magnitude like we had with -- when I did Bridgetower and when I did Lochsa Falls, we were able to send our traffic in four different directions to four different arterials. In this particular project we have to look at McDermott and as -- not as an arterial, but more as a collector, since we will have that natural barrier up Highway 16 and what will happen is McMillan Road will go up over the top of Highway 16 and with the overpass, then, McDermott Road has to be terminated both on the south side and on the north side. So, what we provide -- provided with -- in the planning of our project was this bypass, so people living north of McMillan and south of McMillan will come through and bypass that -- that particular overpass structure. So, McDermott continues on. We worked with the highway district on that overpass. Obviously, they don't have a design. We looked at the Locust Grove overpass over I-84 to come up with kind of a template and, then, we added a little bit. So, this particular project planned for the fact that we had to have some type of compatible uses that would not negatively be affected by the overpass, that they wouldn't have to be compensated for noise mitigation or anything like that. What we came up with was multi -- or the storage facility on the north side and, then, the WARD park on the south side. Those are two particular uses that could develop independently of what's going on with ITD. When the overpass goes through it wouldn't impact them or adversely impact them. One of the other things that we looked at in our project was amenities. Based on the size we wanted this project to stand out, so we have about 43, 44 acres of open space. We have two miles of multi-use pathways. They range from 10 to 14 feet. So, they will be accommodating both pedestrian and bicycle traffic. We have 5.5. miles of five foot pathways, just micropaths that go through our parkway, our private parks and interconnect different blocks of this development. The Western Ada Recreation lot is about 5.69 acres. I have been working with them for quite a long time. Obviously, the ink is not, you know, on the dotted line at this time, they will have to, obviously, budget for this to be a public open space. We have kind of worked with them, incorporated one of their site designs on another project into our design and we have to work through the details. But we -- it's our intention that that be public open space and that that property be donated. We have playground equipment. We tot lots. Bocce courts. We have park benches. Fitness trails along Five Mile Creek. We wanted to make sure that we appealed to all kinds of passive and active recreation. The big thing we -- we had to work with is this is the half mile, so that will be a single lane rotary ACHD has determined after studying it for six months. We submitted two traffic studies, because they wanted some further analysis comparing a signalized intersection versus a rotary. They have had our application since June and we have a draft staff report, but they are in agreement with all of our collectors, all of our stub streets, they are just working on the language in order to do the cooperative development agreement. Because of the size of this project there are some mitigation intersections that will be required, but in addition to that the project will be paying about four million dollars in impact fees. So, that cooperative development agreement will allow either the developer to pay for some of these mitigation improvements to, you know, obviously, add capacity to the system or to pay those impact fees. So, this will be a rotary. The single lane rotary does fit in the area that we have allocated. The collector roadway will come up and there is no front- on housing, landscaping, it goes by our -- it's a five plus acre pool facility with a pond Meridian City Council November 26, 2013 Page 24 of 41 and walkways and, then, we have another continuous collector that will go to the east. This collector abuts an undeveloped property that will, then, intersect right at Volterra's collector and where the elementary school is going to be built just north of that collector on Black Cat Road. So, eventually, the collectors will go on up at Levi Lane and there will be a signal at Chinden and so that will tie in this whole section. McDermott -- we will have some interconnectivity to McDermott, but not a -- like a continuous collector system, because it's going to be terminated before it hits Chinden. We wanted to create a lot of pocket parks and micropaths, so that people could walk in this development and easily go from one block to the other. We have like a pod concept very similar to Bridgetower. We ended up with some multi-family lots that, obviously, can be townhouses, they could be, you know, six unit type buildings, it could be a 12 unit type building. Those lots come back through as conditional use permits, but they are, obviously, providing buffers along those arterials and the future State Highway 16. We do have some residential that abuts McDermott. We have a 60 foot buffer, so we want to make sure that -- that those residences will have what they need as far as sound buffering, landscape buffering, and area to mitigate any noise. We submitted a lot of pathway plans to your staff. They reviewed them. I don't think I have ever designed a project that has better interconnectivity than this particular project. On the south side of McMillan we did the same. You have Five Mile Creek that runs along the south boundary. There will be a 14 foot multi-use pathway. We brought our streets down and we took that public street and we abutted Five Mile Creek. So, we embraced that open space. It will make the pathway illuminated. It will create an area that's not in front of homes along that greenbelt and exposure. So, we think that it will be a safer type recreational facility. We also have this continuous collector that will come up to the rotary on McMillan Road. That will link the south section. We have multi-use pathways that are going north and south, east and west, and, then, we also have all of the shortcuts through these micropaths and, then, we interconnect those with little pocket parks. The WARD facility is right here. We have a fire station located there, since on your Comprehensive Plan it does identify a fire station in this particular area, all we ask is that we get some credit for the donation, since this project will be subject to impact fees for the fire department, which equates about a little over a half a million dollars. So, we thought, you know, that would -- that would only be fair. On your Comprehensive Plan there is kind of a little office component right there at that half mile. Well, obviously, with the rotary that won't work and we kind of thought that through, so that we didn't run into a problem whether ACHD went with a rotary or a signalized intersection and we, basically, have the office located off the collector. We thought it would buffer the fire station, so we would have also medical, professional office, could be daycares, different neighborhood compatible uses. We felt that it was consistent and the staff did, too, with your comp plan to slide that down. We have amulti-family lot right here. That will be a buffer to Highway 16. It will also accommodate the lift station. There is a regional lift station that is proposed at Can Ada. We have submitted a report with a preliminary analysis for this particular lift station and this one the staff is thinking that -- versus an interim lift station, that this may be just part of the regional lift stations and there will be a series of lift stations. The pressure line will take that back over to Black Cat to your Black Cat lift station and, then, on to the plant. In the original application we have the well lot to the north. After talking with the water department Meridian City Council November 26, 2013 Page 25 of 41 when they did their water modeling we have moved that well lot to the south and we have placed it right by the collector and the reason we did that is the staff says it takes two to three years to go through Idaho Department of Water Resources to get the permitting, build the well and so they would like to get an early start, so we thought it made more sense that it be in the southern portion. Oak Creek development is just on the east side. We are in our third and last phase of that development, so it is our intent that we will move to the west on the south side of McMillan. We will be building with our first phase our pool facility and primary open space and this collector roadway located there at McMillan Road. We feel that in this particular project we have had the size and the luxury to be able to incorporate a lot of different things and things that will not only just serve our development, but serve the community at large. So, we are really excited to get started on this. It is our plan that we will roll into design and start building infrastructure as soon as possible. Do you have any questions? De Weerd: Council, any questions? Bird: I have none. De Weerd: Becky, you answered mine in what the progression of your growth would be from east to west and appreciate that. As we look at our resources it's always hard when you grow on the outside edge, because that brings our service demand way out in the middle of nowhere and so we appreciate that growth from the inside out, even though it's kind of on the outside, if you understand what I just said. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, Bill mentioned some cross-access arrangements on the commercial lots. Is that something that you have looked at, you're agreeable to? Have included? Tell me more. McKay: Mayor, Councilman Rountree, sorry, I have been working on a Boise submittal all day long, I'm kind of getting tired. On the office lots we -- we kind of put buildings on it, but we didn't do the -- an actual, you know, site specific design. I guess I would like the -- I want all the parking lots to interconnect, so a person doesn't have to go back out on the collector and come back onto, you know, the other parking lot. I think interconnectivity is important. I don't feel the actual driveways -- I guess I'd like those to be reviewed with our final plat, you know, by the highway district, obviously by the city, to make sure that that's going to work as far as the offset from the intersection, that we don't have any conflict with the fire station, because, you know, as far as access that's going to be -- you know, they are going to be the priority as far as the access. Rountree: But you're agreeable to the interconnectability? McKay: Cross-access. Yes. Meridian City Council November 26, 2013 Page 26 of 41 Rountree: Cross-access. Thank you. The storage lot on the north, some confusion as to what that may or may not be, whether it's commercial storage or storage strictly for the residents in this particular development. What's the status at this point? McKay: Madam Mayor, Councilman Rountree, it was our intent that the storage facility would serve this -- this project, but would also be available for the general area. Very similar to the Ten Mile storage that I did for the developers of Bridgetower. It filled up really fast with -- mostly from the Bridgetower development, but they do allow other people. It's not exclusively to Bridgetower, it's not exclusive as far as the HOA owns it. I mean this would be -- we use the same template and site plan that we used on Ten Mile mini storage over by the plant for this particular site. So, I think staff's concern is in that R-15 zone it's an accessory use to a subdivision. Well, when you talk -- when the staff talks accessory it's more like then it's exclusive. That's their interpretation. Now, they said a comp plan amendment may be necessary. Well, we kind of talked about it amongst ourselves and with the Highway 16 -- you know, they are going to start buying right of way -- at least that's what I'm told by ITD. The staff says we are going to have to take another look at that McDermott corridor now that that's moving forward and we may adjust those land uses so that we transition a little bit better from State Highway 16 to the east and, obviously, to the west. So, I think, you know, I would like, obviously, that corner to be evaluated and, then, if we are running ahead of that process we could, obviously, submit a comprehensive plan amendment, along with our development application, site plan, and come back through the City Council. But we would like it to appeal to the general area. That is our long-term intent. But we understand the limitations of the ordinance at this time. So, I think it's a good use. I mean I can't -- it worked great at the overpass at Cloverdale and I-84 that -- I did that mini storage -- Cloverdale mini storage for Ironwood Subdivision for Mr. Buse years ago before we did Bridgetower and Ten Mile mini storage and it worked slick. Great buffer for I-84 and an overpass at Cloverdale. Rountree: So, I can't help but bring up the WARD parcel. McKay: Yes, sir. Rountree: And I think your comments are appropriate, that we have talked and talked and talked and still haven't anything at this point and I will point out again my -- my concerns from WARD's perspective is the expectation that might create given the lack of funding in that organization to do much of anything and I'm not sure at this point whether or not the way the DA reads we can even keep the weeds off of that parcel for a period of time. So, I'm going to suggest that maybe that language change from a shall to whatever wording might keep that in play, but there may be a day come that we can't reach an agreement. McKay: Madam Mayor, Councilman Rountree, you're correct. I think the board made it very clear to me that they needed to, obviously, make sure that they could budget for this type of facility and so I was instructed to get with Gary Smith and to try put some Meridian City Council November 26, 2013 Page 27 of 41 numbers to this. I did get numbers from the landscape architects for this particular site. I have not had an opportunity to get with Gary and go through it. I did talk with the Meridian Parks Department and I said in the event that WARD say for budgeting purposes or whatever passes, I said are you interested -- we'd have to, obviously, make sure that it was seven acres, which is the minimum for a neighborhood park, but are you guys, you know, interested in stepping into that position and they said yes. So, I feel that I have Plan A and Plan B, but you're very -- you're correct, that language shall, it -- maybe there needs to be a little wordsmithing there. Rountree: Yes. That's all I have. De Weerd: Okay. Mr. Zaremba? No? So, under lessons learned in these big subdivisions that have apartment sections in them, when people come and buy a lot will they see the entire plat, instead of just that phase? McKay: Madam Mayor, we -- we will have the whole development plan. Mr. Coleman always has the entire development plan. I think, you know, bolding the multi-family is a good idea, because invariably you're correct, single family comes first and multi-family usually comes -- De Weerd: Last. McKay: -- toward the end of the project and you guys -- De Weerd: And usually we have people -- McKay: -- have a full room. De Weerd: Yeah. McKay: So, I think -- I think, Thomas, do you want to address that, the multi-family. De Weerd: There is nothing that incites more than multi-family next to single family if they don't know it's coming. Coleman: Yeah. Absolutely. And, actually, we kind of still -- De Weerd: I'm sorry, if you will, please, state your name and address. Coleman: Thomas Coleman. 1859 South Topaz Way here in Meridian. De Weerd: Thank you. Coleman: So, we also dealt with this with the highway potentially going in, because when we first come in with this application and developed the Oak Creek Subdivision at Black Cat and McMillan, that highway was not set and so we have been informing Meridian City Council November 26, 2013 Page 28 of 41 homeowners of future development plans of that highway specifically since that time, which has been a couple of years now and part of our selling approach is -- is selling the larger community when we are selling homes also. So, we always have the larger community plan and, then, individual neighborhoods where people are shopping and stuff like that. So, it would be our approach to show that and display any plans that we have going forward. We don't know what -- what those will develop to be as far as multi-family, but as those develop we will continue to show those. De Weerd: So, you -- on closing they will see the entire community that you're planning. Coleman: Yeah. I mean in every one of our sales offices, which is on site at that location, there will be maps of all of that stuff and they will be informed of all that and we have had different conditions sometimes where we will put in our CC&Rs or in a disclosure document that goes out to every one our home buyers that come in and things like that as well. De Weerd: Is there any other way we can do it? In the sales office people's memories are short-term, so if it's in their CC&Rs; right? Or in their closing documents they will have the entire map. I just want to make sure that -- yes. Coleman: Yes, we are happy to do that. De Weerd: Okay. Anything for Mr. Coleman? Bird: I have none. Rountree: Madam Mayor, on that particular thing, we have had some luck in the past on some other issues that come up as a development rolls out with signage, just letting people know what's going to happen here. It is retail. It is a dead end street. It is a street that's going to go through. It is a future multi-family area. See site map. Coleman: Sure. Future location, signed on -- yeah. Uh-huh. That's a good idea as well. De Weerd: Okay. Thank you. Coleman: Sure. De Weerd: I guess, Becky, I just have one other question for you is you look at the fire -- the fire station lot and the offset of impact fees. Will there be a price established so you know as they are collected up to X point those are credited or is that -- I just want to make sure that's captured as well. Maybe that's an answer -- or a question for Ted. McKay: It is. Meridian City Council November 26, 2013 Page 29 of 41 Baird: Madam Mayor, Members of the Council, the way that the condition is currently worded it just indicates that it's eligible for impact fee reimbursement. There has not been any negotiation regarding price, but we would to have engage in that negotiation and settle on a price in order to enter into a contract for the reimbursement. It's always been finances -- the Finance Department's preference to pay cash out of impact fees if it's available, but we don't believe we have the funds up front, so, therefore, the credits would be appropriate. While I do have the floor I would mention there has been talk of a donation -- if there are reimbursements, not a donation, it's a sale with a reimbursement. So, if we are going to go down that road we want to make clear that that's -- you know, that negotiation needs to take place and as Bill mentioned if we don't come to terms on the price, then, they will have to come back and amend the DA to take out the fire station lot. One last thing. The fire chief has chimed in that this is a good location. He'd prefer to have the location there. So, the city is interested in pursuing this. De Weerd: Thank you, Ted. Okay. Any further comments from you, Becky? McKay: I think the only thing that -- that I need to mention is that we did submit a letter dated November 19th. I think that Bill already went through most of the points with you. One thing under Item 1.2.5, that was dealing with the collector roadway. As the Council well knows, the project that comes in first sets the stub street locations. We try not to set them in a position that will cause any hardships to the adjoining properties. However, the property to the east, they don't want to have to build a collector and so they are trying to avoid it, they are trying to maximize their number of lots, so they asked that we -- could we move that collector a little bit north. We are talking about if we align it with Volterra, shifting it about 70 feet, it would be located right here and come through their project -- you know, we are willing to shift it a little bit, but -- but we are not going to shift our stub streets to match a project that hasn't even come through the process and, to be honest with the Council, I was frustrated with that particular developer, because the highway district and the city staff had informed them months and months ago to get with us and coordinate and they did not and so I could not, obviously, guess what they were going to do, so we had to go alone. But these stub street locations and the collector location are good. I mean they can be designed into their project. But we just don't think that they should -- you know, we shouldn't have to have an open-ended change because of them. We have to know what we are looking at. De Weerd: Anything further from Council? Rountree: I have nothing. Bird: I have nothing. De Weerd: Thank you, Becky McKay: Thank you. Meridian City Council November 26, 2013 Page 30 of 41 De Weerd: Okay. This is a public hearing on Items 8-G, H, I, J and K. Is there anyone who would like to provide testimony on these items? If you will, please, state your name and address for the record. Bird: Yes, Mayor and Council. Scott Noriyuki with Northside Management, 6810 Fairhill Drive, Boise, Idaho. De Weerd: Thank you. Noriyuki: I represent the developer of the property to the east. First of all, great project. I think it's well thought out. I concur that they and staff and P&Z has done a great job vetting out a lot of items. I think it's going to be a good edition to the city. Naturally we do have some concerns with the collector. We have since submitted our application, which is Jump Creek to the City of Meridian. We are aligning with Volterra. We understand that it's a first in, first out, kind of like accounting and we do appreciate that. We hope that there is some lateral considering this particular area for the Oaks North is 18th and I believe the 28th phase -- or the latter phases of the Oaks North and we are hoping that there is some lateral and communication that could be had from the standpoint of open space, a future park, some collaboration, so we hope that flexibility remains and I will be approaching Coleman Homes to see if we can collaborate further and align this roadway. Another item -- we are excited that they are going to go ahead and put in the interim lift station and we just hope from a design standpoint that the wet wells are sized appropriately for the -- our understanding is the half basin, if you will, considering -- and that's kind of arbitrary, because it's interim and we completely agree with the staff report that we don't want any of the funds to be throw away, if you will, and we completely agree with latecomer fees. We just hope it's sized so all the adjacent properties and growth can move forward. That's all I have. De Weerd: Thank you, Scott. Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. Noriyuki: Thank you. De Weerd: Any further testimony on this item? Okay. Seeing none, any final comments from the applicant? Asking Becky if she has anything else is always dangerous. McKay: I'm just a talker. What can I say. De Weerd: Well, at least state your name for the record. McKay: Becky McKay. Engineering Solutions. Just to address Mr. Noriyuki's comment concerning the lift station. We are having JUB Engineers design that facility, because Meridian City Council November 26, 2013 Page 31 of 41 they also do the city's regional lift stations and everything that Josh has included in here would, obviously, have the capability of upgrades and -- and our instructions were we didn't want anything that would be throw away or waste of money. We wanted something that could be integrated into the city's other lift station and would work. So, I don't think that's -- that's a concern. We'd just lastly like to make sure that in the Council's motion they incorporate our letter of November 19th with those changes to the conditions of approval and it's been a long haul and we are excited to get going on this particular project. We need the lots. De Weerd: Thank you, Becky. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Is there in the DA or your commitment a statement related to the timing of the -- bringing on the amenities? Are they going to come in the last phase or is it keyed to so many homes being built or phase numbers or what? McKay: Madam Mayor, Councilman Rountree, Mr. Coleman will be building in the first phase south. He will be building that with the first phase. The primary amenity of the pool and facility and the playground, picnic area. It's always pretty much kind of been his standard that -- that it's incorporated either in the first or no later than the second phase and I believe our original development agreement stated that the open -- the primary recreation facility would be built no later than the second phase, didn't it, Bill? I'm pretty sure it did. I believe so. And that's the way it was originally worded when the Council annexed the property. Hoaglun: So, if it's not there right now it's agreeable to include that? McKay: Yes. Rountree: Okay. De Weerd: Okay. Anything further from Council? Okay. Thank you. Okay. Any further questions for staff or are you ready to close the public hearing? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearings for Items 8-G, H, I, J and K. Bird: Second. Meridian City Council November 26, 2013 Page 32 of 41 De Weerd: I have a motion and a second to close the public hearings on Items 8-G, H, I, J, K. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: We need to kind of team up on some of these I think. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-G, AZ 13-008, subject to staff and applicant's comments and addressing the DA modifications that have been brought up this evening -- one related to the phasing of the establishment of amenities in the project. Two, with rewording of Item E with respect to Western Ada Recreation -- WARD property to soften the applicant shall to the -- something to the effect upon the mutual agreement between the applicant and WARD where cross-access is contemplated and will be included in the final design of the commercial properties and the mention and inclusion of the letter of 11 /19/13. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-G. Any discussion by Council? Hearing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 8-H, RZ 13-008, subject to staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-H. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 26, 2013 Page 33 of 41 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-I, PP 13-013, subject to staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-I. Any discussion from Council? Seeing none, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Mr. Rountree. Rountree: Madam Mayor, I move that we approve Item 8-J, PP 13-014, subject to staff and applicant comments, with emphasis on working with the adjacent developer to establish a mutually agreeable alignment of Volterra. 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. Rountree: Madam Mayor? De Weerd: And, finally, Mr. Rountree. Rountree: I move that we approve Item 8-K, MDA 13-015, subject to staff and applicant comments and recommendations made this evening with respect to the DA. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-K. Madam Clerk, will you call roll. Meridian City Council November 26, 2013 Page 34 of 41 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And I would like to thank staff. This is an enormous development and a lot of detail. I greatly appreciate how you walked Council through that and, Becky and Mr. Coleman, it is a nice development. We appreciate the detail that you have put into it. It will be an amenity to our community and it is one of those plats that we haven't seen that connectivity with the pathway system and the detail and -- the detail that you showed in this. So, thank you. L. Public Hearing: PP 13-028 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Preliminary Plat Approval Consisting of Fifty- Five (55) Single Family Residential Building Lots and Seven (7) Common/Other Lots on Nineteen (19) Acres of Land in an R-4 Zoning District M. Public Hearing: MDA 13-018 Whitebark Subdivision by Cindy K. Lewis Trust and T & M Holdings, LLC Located 2135 E. Amity Road Request: Modification to the Development Agreement to Increase the Number of Building Lots Allowed to Develop on the Site Consistent with the Proposed Preliminary Plat De Weerd: Okay. So, Item 8-L and M are public hearings on PP 13-028 and MDA 13- 018. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you tonight are a request for a development agreement modification and a preliminary plat. This site consists of 19 acres of land, is currently zoned R-4, and it's located at 2135 East Amity Road on the south side of East Amity, midway between South Locust Grove and South Eagle Roads. In 2006 this property was annexed with a development agreement and a preliminary plat, but the plat has since expired. The development agreement restricts development of this site to 48 single family residential building lots and eight common or other lots consistent with the previously approved preliminary plat. The applicant is proposing to amend the development agreement to change the number of building lots to 48 consistent with the proposed preliminary plat and other clean up items related to current conditions and ownership of the property. The proposed preliminary plat consists of 55 single family residential building lots and seven common lots on 19 acres of land. The gross density of the proposed subdivision is 2.89 dwelling units per acre, consistent with the low density residential future land use map designation for this site. The plat is proposed to develop in two phases, with the western half developing first, which will include the entry and half of the central common Meridian City Council November 26, 2013 Page 35 of 41 area. All development is required to comply with the dimensional standards of the R-4 district. The main access to the subdivision is proposed at the north boundary via East Amity Road. Two stub streets are depicted on the plat to the south and one stub street is depicted on the west and east for future extension or interconnectivity. Common driveways are proposed to the lots in the northwest and northeast corners of the development and shall comply with the standards in effect at the time of final plat submittal. Comprehensive Plan did designate on the transportation plan a collector street running north-south from Ustick to Takonic, the collector street in this project and, then, also to the west. It's actually on the adjacent property, but, you know, in the general area on the comp plan. One was not required on this property through ACHD and us. It was determined that there was sufficient connectivity to the south. The landscape plan here you -- as seen on the right shows a 25 foot wide landscape street buffer and a five foot wide detached sidewalk along East Amity Road. Parkways with detached sidewalks are proposed along internal streets within the development. The applicant is proposing 2.08 acres or 11.3 percent qualified open space and a tot lot with play equipment and pathways through the common area as amenities in accord with UDC standards. A six foot tall solid vinyl fence is proposed along the perimeter boundary of the subdivision and a four foot tall vinyl fence is proposed at the boundaries of the lots adjacent to the interior common areas. There are some ditches that exist along the property boundaries of this site that are required to be piped with development. Conceptual building elevations were submitted as shown for future homes within the development, consisting of a mix of one and two stories with three car garages. The homes are proposed to be earth tone colors with stone accents and other details to enhance the front elevations. Staff recommends a provision be added to the amended development agreement for future homes on the site to generally be consistent with the conceptual building elevations submitted with this application as shown and structures on Lots 4 and 6, Block 1, and Lot 4, Block 4, that back up to East Amity Road incorporate articulation on the rear and side elevations that face Amity to break up monotonous wall plains and roof lines. The Commission recommended approval of the subject preliminary plat with the conditions in Exhibit B of the staff report, as modified by the Commission. Dave Yorgason testified in favor. There was no opposition. Gwen Boyle commented on the application. Written testimony was received from John and Helen Huffman, Dave Yorgason, in response to the staff report and the Boise Project Board of Control and a memo from Bruce Freckleton. Key Commission -- key Commission changes to the staff recommendation. They modified Conditions 2.1.1 and 2.1.2 and they replaced the exhibit map and table in Exhibit A-7 per the memo from Bruce Freckleton dated November 22nd. Also they added a note to the final plat saying that any proposed and/or future usage of the Boise Project Board of Control facilities are subject to Idaho statues Title 42-1909 and also that fencing must be constructed just off the lateral easement, Condition 1.1.2E at the request of the Boise Project Board of Control. There are no outstanding issues for Council and staff will stand for any questions Council may have. De Weerd: Thanks, Sonya. Council, any questions? Meridian City Council November 26, 2013 Page 36 of 41 Hoaglun: Madam Mayor. Real quick, Sonya. The fencing that you mentioned up to the common area in the middle of that it's four foot. Is that four foot in height or is that four foot semi solid with an open lattice work type structure in the upper two? Watters: Madam Mayor, Councilman Hoaglun, it is four foot solid adjacent to common areas. Hoaglun: Four foot solid. Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would you refresh my memory on what the Boise Project Board of Control is? I know I have heard of it before, but I have forgotten. What is that? Watters: No telling what they do either, do you? Stewart: Madam Mayor, Councilman, the Boise Project Board of Control is the irrigation district that controls certain irrigation entities here in the city -- or here in the valley. Zaremba: Thank you. Now I understand. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, where does the sewer come from and where does it go on this property? Watters: I will let Warren -- Bird: Maybe Warren could answer that. Watters: -- speak to that, actually. Stewart: Madam Mayor, Councilman Bird, the sewer that -- this project is proposed to be served by a temporary sewer that will actually be extended from the Estoncia Subdivision to the north and west and will serve the subdivision until the trunk line can be extended, which is proposed to be brought down through the -- oh, I can't remember the name of the subdivision to the north and east, but they are going to be bringing that main trunk line down, at which point it will transition and go into the main trunk line that is going down the -- essentially the drainage ditch to the north and east. So, it's got -- we have negotiated a temporary access to the sewer to the north and west. As this develops, before they can build additional lots and grow beyond a certain size they will have to connect up to the other one. Meridian City Council November 26, 2013 Page 37 of 41 De Weerd: Anything further from Council at this point? Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Yorgason: Sure. My name is Dave Yorgason with Tall Timber Consulting, here representing the applicants tonight. My address is 14254 West Battenberg Drive in Boise. It's nice to be in front of you tonight, Madam Mayor and Members of the Council. De Weerd: Thank you. Yorgason: This site is -- as staff identified is on Amity Road on the south side between Eagle Road on the east, about a half mile and to the west is Locust Grove. This site also was approved by this Council about six or seven years ago now I guess it is and has already been annexed with a zone of an R-4 zone. Our application in front of you tonight is to not change the zone, keep the zone the same, R-4, but the plat has expired and so we are coming back to you with a modified preliminary plat and modifications to the development agreement to mirror and match up with your revised preliminary plat, which we have before you tonight. I'd just like to highlight a few items. We have increased, actually, the open space. We have 11 percent open space on our application. The changes are a separated sidewalk to the site and centralized the park with some pathway connecting and so with separated sidewalks and a little bit of pathway in between we can get a nice little common area for the community. The central park area is approximately one acre in size. We did receive the ACHD staff report and we had no comments or changes to it. We agree with their --the ACHD staff report as it was written and, likewise, with the staff report with the city. We have no changes or recommended changes to the staff report. We have agreed with the staff report and my -- if you need me to address the questions of sewer or fencing or Boise Project Board of Control irrigation I could address those if you like, but I believe staff addressed them accurately and we have no questions or challenges to their comments tonight. We are glad to bring this back in front of you. It sat idle for a few years and it's good to be bringing it forward with the recovery of the housing market and so we ask for your approval tonight of the application with the staff report as it was approved by Planning and Zoning Commission and the modification to the development agreement. And I will stand for any questions you may have. De Weerd: Thank you. Council? Yes, Mr. Rountree. Rountree: Madam Mayor. Thank you. David, on the landscape plan that we have in front of us. Yorgason: Yes. Rountree: On the east side behind the front two lots off of Amity, is that a pathway, a common lot, landscape strip, what is that to represent? Meridian City Council November 26, 2013 Page 38 of 41 Yorgason: Madam Mayor and Councilman Rountree, what that is -- and it refers to the comment that was from my -- your city engineer on the sewer, that's where that main trunk line will go through. We will have a common driveway just off the side of that for those two lots is all. Rountree: Madam Mayor. And I don't know if this comment is redundant from the last time we saw it, but was there any thought given to at least have a note on the common lot that would be on that particular corner allowing access to that adjacent parcel that at some point in time might develop, so they don't have to access off of Amity to do something. I don't know if that's possible, but it seems to me that we are a little short sighted if we don't try to accommodate that. Yorgason: Madam Mayor and Councilman Rountree, I know there was some discussion pertaining to that, not only in this application, but in the prior application several years ago as well. You will notice our street as it sweeps through it does touch -- there are two parcels there, as I understand, but one of them is very tiny with an existing home and there is the larger parcel next to it there. So, that's why we are providing that connectivity already with right of way sweeping through. As far as providing access -- Rountree: No, I'm not asking for access, I'm just -- we have had situations like this in the past where there is a common lot there and, then, you have to go back to the subdivision to get access across the common lot and that's impossible, so -- Yorgason: Right. Rountree: -- if it's at the right of way line and a future access could be accommodated that would be great. Yorgason: We are amenable to making that work. We recognize the desire to limit accesses onto Amity and this would most likely be residential in the future and yet there are no plans for what development would look like. If you have a specific requirement you're seeking there -- Rountree: No. Yorgason: -- not sure what that should be, but that -- the plan going forward, though, is to have that sewer trunk line come through that in that location. Rountree: Very good. Thank you. De Weerd: Okay. Any other questions from Council? Bird: I have none. De Weerd: Okay. Thank you. Meridian City Council November 26, 2013 Page 39 of 41 Yorgason: Thank you. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on these two items? Okay. Rountree: Oh, come on. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we can't get David back up to reply to any of these questions, I would move we close the public hearings -- De Weerd: He answered questions. Bird: -- on PP 13-028 and MDA 13-018. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Item 8-L and M. 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 PP 13-028 and include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-L. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 26, 2013 Page 40 of 41 Bird: I move we approve MDA 13-018 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-M. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. N. FP 13-041 Irvine by Northside Management Located Near the Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Consisting of 68 Single-family Residential Building Lots and 4 Common Lots on Approximately 15.48 Acres in an R-8 Zoning District De Weerd: Item No. 8-N is regarding Final Plat 13-041. I'll ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. I will be brief on this application right now. Basically we did not get written comments from the applicant in the time frame to present it when we sent out the staff report. However, staff has received written testimony and written -- a letter in agreement with all the conditions in the final plat staff report, so that's all I have to present to you on this project, so we are moving forward as it was presented in the staff report and I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Could I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 13-041 and include all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-N. Madam Clerk, will you call roll. Meridian City Council November 26, 2013 Page 41 of 41 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Item 9 is Future Meeting Topics. Council, any topics for future agendas? Bird: I have none. De Weerd: Okay. I will remind you to, please, get with my office on who you would like to bring with you to ride in the parade. So, our staff is just dying to hear from you. Okay. If there is no further business in front of this Council, I would entertain a motion to adjourn. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I wish you all a Happy Thanksgiving and move to adjourn. Bird: Second. De Weerd: I have a motion and a second and big Happy Thanksgiving. All those in favor to adjourn say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TA~/IY DE WEERD DATE APPROVED ATTEST: (~ <SA~ -. c J CEEB LMAN, CITY