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HomeMy WebLinkAbout2013-12-17~~E IDIAN~-- CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 17, 2013 at 6:00 PM (Meeting started at 6:48 p.m.) 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 BJ Bourn with Ten Mile Christian Church 4. Adoption of the Agenda Adopted (Pg 1-2) 5. Consent Agenda Approved (Pg 2-7) A. Approve Minutes of December 3, 2013 City Council Meeting B. Findings of Fact, Conclusions of Law for Approval: 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 Moved to the Regular Agenda Item 7 -Approved (Pg 11-13) C. Findings of Fact, Conclusions of Law for Approval: 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 Moved to the Regular Agenda Item 7 -Approved (Pg 11-13) D. Findings of Fact, Conclusions of Law for Approval: RZ 13-012 Raisin' Angels by Engineered Structures, Inc. Located Northwest Corner of E. Pine Avenue and N. Nola Road Request: Rezone of 1.54 Acres of Land from the Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 1 of 8 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. I-L (Light Industrial) Zoning District to the L-O (Limited Office) Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 13-013 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Annexation of 6.92 Acres from RUT in Ada County to the R-8 (Medium- Density Residential) Zoning District F. Findings of Fact, Conclusions of Law for Approval: PP 13-029 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Thirty-Two (32) Residential Lots and Six (6) Common Lots on Approximately 6.92 Acres in the Proposed R-8 Zoning District G. Findings of Fact, Conclusions of Law and Order for Approval: PFP 13-001 Twelve Oaks by JLJ, Inc. Located at 1845 W. Franklin Road Request: Preliminary and Final Plat Approval Consisting of Two (2) Building Lots on 9.43 Acres of Land in the TN-R and C-C Zoning Districts H. FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16 Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning District. I. FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. J. FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1/8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District K. Development Agreement for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R- 8 (Medium-Density Residential) Zoning District L. Acceptance Agreement: Display of Artwork of Keaton Skyles in Initial Point Gallery from January 3 to January 31, 2014 Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 2 of 8 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. Acceptance Agreement: Display of Artwork of Chi E Shenam Westin in Initial Point Gallery from January 3 to January 31, 2014 N. Addendum No. 11 to Agreement with City of Boise for City Prosecutor/Criminal Legal Services Dated November 1, 2002 O. Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility P. Intergovernmental Agreement with Ada County Sheriffs Office and Boise Police Department for Consolidated Records Management System (RMS) for the Not-to-Exceed Amount of $27,514.95 Q. Resolution No. 13-966: Meridian Parks & Recreation Department Administrative Policy -Partnerships between Private or Public Entities and the City of Meridian Parks & Recreation Department R. Resolution No. 13-967: A Resolution Creating a New City of Meridian Social Media Policy and a Social Media Procedure. S. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Treasure Valley Veterinary Hospital T. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Intermountain Pet Hospital U. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Idaho Humane Society V. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Sunnyside Animal Hospital W. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Pet Care Clinic X. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Settlers Park Veterinary Hospital Y. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Meridian Veterinary Hospital Z. Sanitary Sewer and Water Main Easement, Lee Centers, Grantor AA. Temporary Construction Easement, Lee Centers, Grantor Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 3 of 8 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. BB. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (Ridenbaugh Portion) CC. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (non-Ridenbaugh portion) DD. Temporary Construction Easement, Merle and Lavern Hansen Trust, Grantor EE. Authorize the Not-to-Exceed Amount of $83,577.57 to Pay the Ada County Highway District for City Water and Sewer Improvements Constructed by C & A Paving, in Conjunction with the Ustick Road-Locust Grove to Leslie Way and Ustick Road and Locust Grove Road Intersection Projects in Accordance with the Interagency Agreement Approved for this Project FF. Approval of Agreement for "WWTP Maintenance Facility Construction Management Services" to Beniton Construction for the Not-To-Exceed amount of $90,815.00 GG. Nampa Meridian License Agreement -Locust Grove Water Main Extension Crossings at the Ridenbaugh Canal and Ten Mile Creek HH. Approval of Award of Agreement to CTA ,Inc. for the "WWTP Maintenance Facility Design Services" project for a Not-To-Exceed amount of $125,000.00 II. Approval of Change Order 1 to Task Order 10312h for "Well 16 Reconstruction" to Hydro Logic, Inc. for the Not-To-Exceed amount of $57,006.00. JJ. Professional Services Agreement with Treasure Valley Youth Theatre for a Not-to-Exceed Amount of $4,335.00 KK. Findings of Fact, Conclusions of Law for Approval: 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 LL. Findings of Fact, Conclusions of Law for Approval: 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 Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 4 of 8 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. 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 6 7. 8. MM. Findings of Fact, Conclusions of Law for Approval: 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 NN. Findings of Fact, Conclusions of Law for Approval: 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 00. Findings of Fact, Conclusions of Law for Approval: 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 Community Items/Presentations A. Hometown Hero Award Presentation to Ernad "Aaron" Aljic (Pg 7-8) B. Item 9C Moved to Item 6B (Pg 8-11) Items Moved From Consent Agenda (Pg 11-13) Action Items A. Public Hearing: For the Community Development Block Grant (CDBG) Program Year 2012 Consolidated Annual Performance and Evaluation Report (CAPER) (Pg 13-15) B. Resolution No. 13-968: Community Development Block Grant (CDBG) PY2012 CAPER Approved (Pg 15) Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 5 of 8 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. C. Public Hearing: Proposed Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department (Pg 15-16) D. Resolution No. 13-969: A Resolution Adopting the Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved (Pg 16-17) E. Public Hearing: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision Approved (Pg 17-18) F. Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District Continued to January 21, 2014 (Pg 18-19) G. Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #106122368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision Continued to January 21, 2014 (Pg 18-19) H. Public Hearing: RZ 13-013 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R-8 Zoning District Approved (Pg 19- 23) I. Public Hearing: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1) Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts Approved (Pg 19-23) J. Public Hearing: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District Approved (Pg 23-34) K. Public Hearing: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 6 of 8 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. Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District Approved with Conditions (Pg 23- 34) 9. 10 L. FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of Land in the R-8 Zoning District Approved (Pg 34-37) M. Continued from December 3, 2013: Public Hearing: ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts Closed Public Hearing and Staff will bring back a clean copy of amendment for approval on 1/7/14 (Pg 37-40) Department Reports A. Community Development: Budget Amendment for Community Development Block Grant (CDBG) for the Not-to-Exceed Amount of $293,913.00 Approved (Pg 40-42) B. Parks Department: Budget Amendment for New Workstation for Marketing Coordination for Not-to-Exceed Amount of $5,607.00 Approved (Pg 42-43) C. Purchasing Department: Public Safety Training Center Discussion - Agreement Forms Moved to Item 6B -Approved as Amended (Pg 8-11) D. Amended onto the Agenda: Public Works Department: Secondary Water Connections (Pg 43-47) Ordinances A. Ordinance No. 13-1586: An Ordinance for Annexation (AZ 13-009) of 26.53 acres to R-4 located North Side of Chinden Boulevard and West of N. Ten Mile Road known as Spurwing Orchard East Subdivision Approved (Pg 47- 48) Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 7 of 8 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. B. Ordinance No. 13-1587: An Ordinance (AZ 13-007 - Hacienda South Subdivision) for Annexation Of A Parcel Of Land Located at the East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road; Establishing the Land Use Zoning Classification of Said Lands from RUT in Ada County to R-8 (Medium-Density Residential) Zoning District and Providing an Effective Date Approved (Pg 48-49) C. Third 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) Approved (Pg 49-50) D. Third Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) Approved (Pg 50-52) E. Third Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) Approved (Pg 52) 11. Future Meeting TopicsNone (Pg 52-53) Adjourned at 8:48 p.m. (Pg 53-54) Meridian City Council Meeting Agenda -Tuesday, December 17, 2013 Page 8 of 8 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council December 17, 2013 A meeting of the Meridian City Council was called to order at 6:48 p.m., Tuesday, December 17, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Bill Parsons, Sonya Watters, Warren Stewart, Jeff Lavey, Mark Niemeyer, Keith Watts, Lori den Hartog, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. Thank you for your patience. We appreciate you waiting for us. We are starting rather late and I apologize. For the record, it is Tuesday, December 17th. It is 6:48. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight I have recruited Lauren to lead us in the pledge. Lauren is from Rocky Mountain High School. If you will, please, follow her instructions. All raise to join us in the pledge. (Pledge of Allegiance recited.) De Weerd: Lauren, if I can offer you a City of Meridian pin for leading us tonight and give you our thanks. Item 3: Community Invocation by BJ Bourn with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Is B.J. here? Item 4: Adoption of the Agenda De Weerd: Okay. We will go ahead move to Item No. 4, which is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council December 17, 2013 Page 2 of 54 Hoaglun: Everyone get their pens and pencils ready, we are going to move this agenda around here a little bit tonight. Under Item 5-B and C, we are going to remove that from the Consent Agenda, so that will move to -- I think it's 7-A and B. Under 5-O, that is Resolution No. 13-966. 7-R is Resolution No. 13-967. As mentioned, we have removed two items from the Consent Agenda and so they will be Items 7-A and B. Under Action Items, 8-B is Resolution No. 13-968. 8-D is Resolution No. 13-969. 8-F and G, the applicant is requesting to continue this to January 7th and put it on that agenda. Under Department Reports, Item No. 9-C, staff is requesting that this item be moved to 6-B. So, that falls under Community Items/Presentations. They have an outside consultant here that would like to address the Council. And we are going to amend onto the agenda a Public Works Department secondary water connections item. That will be 9 -- it would have been D, now C, but it will be there at the bottom of nine. Item 10 under Ordinances -- 10-A is Ordinance No. 13-1586. 10-B is Ordinance No. 13-1587. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: Mr. Nary, just a please of order. We have had a request and I know we will get to it when we are under Action Items for the applicant that wants to continue their public hearings to January 7th. That is a limited agenda. I know this would be under old business, but do we really want to have that under old business or move it to the 21st? Nary: Madam Mayor, Members of the Council, we did discuss that at our prep meeting this afternoon and certainly it's within the Council's purview to move it to the 21st. You could certainly do that. We don't anticipate it being a long hearing, but you never know. And also there is one that is currently on the 7th that's actually asked to move to the 21st. So, it's really up to you and the Council if you want to have it on the 7th as a substitute for the -- I think it's Gramercy that was on the 7th that's being asked to move to a later date or you can move this to the 21st. De Weerd: Okay. We will have Council make that determination, but as part of the motion, be it noted it's however they continue it to. Okay. Okay. I have a motion to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of December 3, 2013 City Council Meeting D. Findings of Fact, Conclusions of Law for Approval: RZ 13-012 Raisin' Angels by Engineered Structures, Inc. Located Northwest Corner of E. Pine Avenue and N. Nola Road Request: Rezone of 1.54 Acres of Land from the I-L (Light Meridian City Council December 17, 2013 Page 3 of 54 Industrial) Zoning District to the L-O (Limited Office) Zoning District E. Findings of Fact, Conclusions of Law for Approval: AZ 13-013 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Annexation of 6.92 Acres from RUT in Ada County to the R-8 (Medium-Density Residential) Zoning District F. Findings of Fact, Conclusions of Law for Approval: PP 13-029 Creekstone Subdivision by Boslau Family Trust Located North Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval Consisting of Thirty-Two (32) Residential Lots and Six (6) Common Lots on Approximately 6.92 Acres in the Proposed R- 8Zoning District G. Findings of Fact, Conclusions of Law and Order for Approval: PFP 13-001 Twelve Oaks by JLJ, Inc. Located at 1845 W. Franklin Road Request: Preliminary and Final Plat Approval Consisting of Two (2) Building Lots on 9.43 Acres of Land in the TN-R and C-C Zoning Districts H. FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R- 8Zoning District. FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. J. FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1/8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District K. Development Agreement for Approval: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard Meridian City Council December 17, 2013 Page 4 of 54 and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium- Density Residential) Zoning District L. Acceptance Agreement: Display of Artwork of Keaton Skyles in Initial Point Gallery from January 3 to January 31, 2014 M. Acceptance Agreement: Display of Artwork of Chi E Shenam Westin in Initial Point Gallery from January 3 to January 31, 2014 N. Addendum No. 11 to Agreement with City of Boise for City Prosecutor/Criminal Legal Services Dated November 1, 2002 O. Intergovernmental Memorandum of Understanding for Use of Meridian Police Department Canine Holding Facility P. Intergovernmental Agreement with Ada County Sheriff's Office and Boise Police Department for Consolidated Records Management System (RMS) for the Not-to-Exceed Amount of $27,514.95 Q. Resolution No. 13-966: Meridian Parks & Recreation Department Administrative Policy -Partnerships between Private or Public Entities and the City of Meridian Parks & Recreation Department R. Resolution No. 13-967: A Resolution Creating a New City of Meridian Social Media Policy and a Social Media Procedure. S. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Treasure Valley Veterinary Hospital T. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Intermountain Pet Hospital U. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Idaho Humane Society V. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Sunnyside Animal Hospital W. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Pet Care Clinic Meridian City Council December 17, 2013 Page 5 of 54 X. Y Z. AA. Police Department: Dog Licensing Designee Agreement between the City of Meridian and Settlers Park Veterinary Hospital Police Department: Dog Licensing Designee Agreement between the City of Meridian and Meridian Veterinary Hospital Sanitary Sewer and Water Main Easement, Lee Centers, Grantor Temporary Construction Easement, Lee Centers, Grantor BB. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (Ridenbaugh Portion) CC. Sanitary Sewer and Water Main Easement, Merle and Lavern Hansen Trust, Grantor (non-Ridenbaugh portion) DD. Temporary Construction Easement, Merle and Lavern Hansen Trust, Grantor EE. Authorize the Not-to-Exceed Amount of $83,577.57 to Pay the Ada County Highway District for City Water and Sewer Improvements Constructed by C & A Paving, in Conjunction with the Ustick Road-Locust Grove to Leslie Way and Ustick Road and Locust Grove Road Intersection Projects in Accordance with the Interagency Agreement Approved for this Project FF. Approval of Agreement for "WWTP Maintenance Facility Construction Management Services" to Beniton Construction for the Not-To-Exceed amount of $90,815.00 GG. Nampa Meridian License Agreement -Locust Grove Water Main Extension Crossings at the Ridenbaugh Canal and Ten Mile Creek HH. Approval of Award of Agreement to CTA ,Inc. for the "WWTP Maintenance Facility Design Services" project for aNot-To- Exceed amount of $125,000.00 II. Approval of Change Order 1 to Task Order 10312h for "Well 16 Reconstruction" to Hydro Logic, Inc. for the Not-To-Exceed amount of $57,006.00. Meridian City Council December 17, 2013 Page 6 of 54 JJ. Professional Services Agreement with Treasure Valley Youth Theatre for aNot-to-Exceed Amount of $4,335.00 KK. Findings of Fact, Conclusions of Law for Approval: 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 LL. Findings of Fact, Conclusions of Law for Approval: 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 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 MM. Findings of Fact, Conclusions of Law for Approval: 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 NN. Findings of Fact, Conclusions of Law for Approval: 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 00. Findings of Fact, Conclusions of Law for Approval: MDA 13- 015 Oaks North and Oaks South Subdivisions Located North Meridian City Council December 17, 2013 Page 7 of 54 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: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Item 5-B and C have been removed and they are now Item 7-A and B. So, those are no longer on the Consent Agenda. Item 5-Q is Resolution No. 13-966. 5-R is Resolution No. 13-967. And with that, Madam Mayor, I move approval of the amended Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Hometown Hero Award Presentation to Ernad "Aaron" Aljic De Weerd: This next item I will give you a little bit of background on before I move to the podium and ask our honoree to join me there. On occasion we have the fortunate privilege to honor someone in Meridian as a hometown hero. This award is presented to those who perform selfless acts of heroism, going above and beyond in service to others in our community, without regard or attention to their own personal gain. Ernad Aljic -- and I hope I didn't say your name wrong, Ernad. But this is his story and I want to set the stage of why we are doing this presentation. On November 12th at approximately 10:30 in the morning, Meridian police were dispatched to assist EMS and fire at the intersection of North Tree Farm and North Tree Haven in Meridian. As stated there was a man in his 60s was down and not breathing. This man was later identified as Stanley Delp who had been walking with a companion. The calling party Ernad Aljic had been passing by the area in his vehicle and he saw Mr. Delp fall to the ground. Ernad stopped his vehicle and went to attempt to help Mr. Delp. He promptly dialed 911 and reported the emergency to the Ada County dispatch, who, then, provided him with Meridian City Council December 17, 2013 Page 8 of 54 instructions to perform CPR. He performed that CPR for about five minutes before EMS arrived and our fire department and they, then, took over the life-saving measures. Early CPR is vital in saving lives and more advanced medical care can be provided with that life saving care up until that -- that point and this triples the chance of the victim to live. So, time is of the essence. The patient was ultimately transported and he received further care and is recovering well. I think that Ernad's quick actions and willingness to help another individual, his stopping and taking action certainly exemplifies the compassion that we value so much in this community as we honor citizens. For this reason I would ask that Ernad, please, join me up front. So, Ernad, this is presented to you and I will read what it says. Presented to Meridian residents who perform selfless acts of heroism, going above and beyond the call of duty and service to others in our community without regard for attention or personal gain. This is in recognition of your significant role in saving the life of a man who stopped breathing while in medical distress. It's certainly presented to you today with our heart-felt thanks for being a hero, for saving the life of one of our citizens and for exemplifying the Meridian Way, which we think -- we ask others to step forward and do this, but it is certainly an honor to be able to -- to recognize those who do go above and beyond. Aljic: Thank you. De Weerd: Congratulations Aljic: Thank you very much De Weerd: Thank you. Ernad, we appreciated you being here with us and because you got the award does not mean you have to stay for this whole meeting. So, can you can leave anytime you would like. Okay? De Weerd: We did have two items moved from the Consent Agenda, from Item 5-B and C. I will go ahead and ask staff to make comments of -- on, first, B, unless they are both the same, then, you can comment on both of them. B. Purchasing Department: Public Safety Training Center Discussion -Agreement Forms Zaremba: Madam Mayor, were we going to do 9-C first? De Weerd: 9-C? Hoaglun: Yes. Rountree: Yes. 9-C under Community Presentations. Hoaglun: We moved that to 6-B. Meridian City Council December 17, 2013 Page 9 of 54 De Weerd: Oh, I didn't make note of that. Are you kidding me? Keith can wait until the very last of the agenda. What are we doing? Okay. Keith, I will turn it over to you. Watts: Thank you, Madam Mayor, Council Members. We are here tonight to give you an update on the bidding and the contracting processes for the public safety center project that we are doing and also to discuss the contract format moving forward. As you may recall, we had acontract -- construction contract review committee that went through the process of -- evaluated the process of which contract type and situations does the city use different documents in. The recommendation from the committee was to use the AIA agreement and I have actually given you each a copy from the slide -- slide from the presentation that was given to you back in -- I think it said January of 2012. That recommendation was to use AIA -- standard AIA agreements for construction management projects and only modify those when needed to protect the city's interest. Currently we have -- the public safety center project we have the Ewing Company as our construction manager and they have requested several modifications to the AIA agreement. We have done in accordance with the AIA instructions from Document 8533, which is the guide for supplementary conditions to that AIA agreement. Ted -- Ted Baird, Max Jensen, and myself have met several times to review these changes, discuss them. We have met with the Ewing Company as well and at the last meeting that we had Mr. Baird requested that the Ewing Company go back and take one final look at their request for modification, to scrub those and to pear those down as much as possible. I provided you also those -- those supplemental conditions that they came back with, their final version and you have a copy of both the document 00500, which is a modification for the A132 and document 00810, which is the modification for the A232. These are all in accordance with the AIA instructions. So, when we discussed this, when we brought these back the last time, this is what Ewing said that they needed in order to --the minimal requirements and modifications that were needed to successfully continue this project. They have used these -- these changes in previous projects. They have been successful with them and they would like to continue with these changes for the remainder of this project. So, I'm here before you to seek guidance and using a standard, unmodified AIA agreement or to use these recommendations that our construction experts have given us. And I have members from the Ewing Company here for any questions that you may have. De Weerd Mr. Nary, did you want to add anything? Nary: Madam Mayor, Members of the Council, I think Keith has stated it well. I mean the direction that we received the Council was to only modify these agreements at the -- first minimally, if at all, and only to protect the city's interest. I don't have a -- I don't have a specific issue or concern -- and Mr. Baird didn't either -- with that being requested by the Ewing Company. The concerns we have is it's unclear to us, again, if we are opening the store to another challenge, if it were to be -- if there were to be an issue or a problem in enforcement. They haven't experienced that, so they have the experience with just -- with these modifications that they have not had an issue. We have also had the experience with other CM's such as with Beniton on the Public Works project at the treatment plant where they accepted our requirement that the AIA contract Meridian City Council December 17, 2013 Page 10 of 54 not be modified, except in the very limited circumstances that we propose to protect the city. Mr. Lee of Givens Pursley, crafted these conditions for the architect -- the CM -- the Ewing Company uses and, again, they have been successful with that. We are just not -- again we weren't directed -- we were directed by you not to do that. So, that's why we are asking if you want us to move forward with this, we can do that. Again, we have tried to evaluate the risk, we don't believe there is probably a significant risk, but as we found in other cases sometimes the language in these can be very problematic and that was the reason you directed that. And so, again, Mr. Lee is a competent attorney, I understand he knows what he's doing and he's certainly written many many contracts, but we just were uncomfortable in proceeding without at least your direction to do that. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Would it be possible just to hear from a Ewing representative real quick on why they think these changes are needed? De Weerd: Do I do eeny meeny miny moe? Bill, you got the short straw. If you will, please, state your name and address for the record. Garcia: I'm Bill Garcia, 2729 North Eureka, Meridian. De Weerd: Thank you. Garcia: Madam Mayor, Members of the Council. I think to clarify -- De Weerd: Can you -- Bill, can you pull that a little closer to you? Garcia: Sorry. De Weerd: Thank you. Garcia: To clarify, these supplementary conditions that we have worked with for many many years, the general conditions that these modify are -- is a general document that covers a wide area and so, basically, these supplementary conditions do nothing more than just make it more project specific and area specific. So, that's the major -- the main reason why we use those. We have used them with great success over the years and never had any problems, so in working with the administration here to modify these and pear them down was actually needed, because sometimes these things develop, so it was really a good exercise. So, we have them, what we believe cleaned up now and they fit this project well. De Weerd: Okay. Council, do you have questions for Mr. Garcia? Okay. Thank you Meridian City Council December 17, 2013 Page 11 of 54 Garcia: Thank you. De Weerd: See, John, that was painless. Watts: With that, I would just ask for Council's approval to move forward with these changes in the public safety center -- public safety training center project. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we move forward with the amended AIA contract with Document 00500 and 00810 amended. Hoaglun: Second. De Weerd: I have a motion and a second to approve this item. Any discussion from Council? Rountree: I have none. De Weerd: 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. Watts: Thank you. Item 7: Items Moved From Consent Agenda B. Findings of Fact, Conclusions of Law for Approval: 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 Moved to the Regular Agenda Item 7 C. Findings of Fact, Conclusions of Law for Approval: MDA 13- 018 W hitebark 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 Meridian City Council December 17, 2013 Page 12 of 54 Number of Building Lots Allowed to Develop on the Site Consistent with the Proposed Preliminary Plat De Weerd: Thank you, Keith. Okay. There were two other items moved from the Consent Agenda, so I will ask staff for comments on Items 5-B and 5-C. Hood: Thank you, Madam Mayor. There were a couple of exhibits in the staff report for Whitebark Subdivision, that preliminary plat and development agreement modification. That exhibit and table were more detailed than necessary and they rose -- some questions arose about what the table meant and how to interpret it, so Bruce Freckleton did prepare a new exhibit table, has inserted that into the Facts and Findings, Conclusions of Law document. It's meant to be clearer and easier to understand. Still is consistent with the record and the findings made, but that Exhibit A-7 has been updated to be more user friendly, if you will. So, this revised exhibit was shared with the applicant and we did get concurrence from them on the changes made, but just wanted to read that in also to the record and you should have had the updated exhibits in your packet, but we missed the clerk's deadline, but I believe you all should have seen the changes. They are fairly minor. Just to that exhibit. So, with that, Madam Mayor, I would stand for any questions you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Do I have a motion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Areal quick question for Mr. Nary. Since it's just revised exhibits for both the preliminary plat and modified developer's agreement, can we do that in one motion? Nary: Yes. Madam Mayor, Members of the Council, yes, you may, because this is -- you can treat it like you did the Consent Agenda. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move that we approve the revised exhibit to be included in the PP 13-028 and MDA 13-018 as presented by staff. Meridian City Council December 17, 2013 Page 13 of 54 Rountree: Second. De Weerd: I have a motion and a second to approve these two items, Item 5-B and C under the Consent Agenda or Item 7-B under the amended agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Action Items A. Public Hearing: For the Community Development Block Grant (CDBG) Program Year 2012 Consolidated Annual Performance and Evaluation Report (CAPER) De Weerd: Item 8-A is a public hearing for the Community Development Block Grant. I will turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council, I'm here this evening to present our program year 2012 Consolidated Annual Performance and Evaluation Report, otherwise known as the CAPER or more commonly a year end report for our Community Development Block Grant program. During program year the all abilities playground at Meridian Elementary School -- and that was opened earlier this spring. We have started construction on the 8th Street Park ADA restroom facility and that project is about 95 percent complete. I heard from the parks department earlier this week that it looks like we will be doing final walk through within the next week or so. We completed one minor facade improvement program in partnership with the Meridian Development Corporation. These comments reflect activities that were completed as of September 30 of this year. We have one other project that was completed in October after the end of the program year and we have one more project that is currently under construction and nearing completion that had a little bit of delay with the cold weather this last couple of weeks. Open Lines, Inc., initiated and completed the Senior Employment program. We have over 40 seniors express an interest in participating. Sixteen of those seniors were eligible to participate based on the income guidelines and seven seniors were place in jobs because of the program and that activity is complete. The Meridian Food Bank continued providing food and they provided food to over 65,000 people throughout the year. Ninety-six percent of the individuals and households served were low to moderate income persons. The Ada County Housing Authority and Neighborhood Housing Services provided down payment assistance to three low to moderate income families for the purchase of homes in Meridian and a brief summary of the expenditures from our program year 2012 grant revenue of just over 256,000 dollars, we expended just 28,000 for administration. The restroom project was Meridian City Council December 17, 2013 Page 14 of 54 reallocated 144,000. As of the end of the year we had expended 86,000 and that's even less now -- or more now, excuse me. We have expended 97,000 for that and with that project nearing completion we anticipate spending the remainder of those dollars hopefully by the end of the year. Ada County Housing Authority and Neighborhood Housing Services, the three homeowners that were provided down payment assistance during this last year for the previous program year grant dollars -- they did not expend any of their 2012 allocation. The Ada County Housing Authority does have a homeowner who is eligible and they have put an offer on a home in Meridian, so, hopefully, that 21,000 will be used here shortly. Neighborhood Housing Services currently doesn't have anybody at this time, so we need to reallocate those dollars to another eligible project. And as mentioned earlier, the senior employment program, all of those funds were expended and complete. They expended all of the Food Bank dollars as well and have just a little bit -- 3,900 unallocated dollars and we look to move those around to some other eligible projects. Also during this last grant year we expended funds from previous program years, mainly the playground projects, the housing authority -- neighborhood housing services projects and the facade improvement program. With the completion of that third facade improvement project that I mentioned, we will be finalizing that agreement with the Meridian Development Corporation and any remaining dollars will be relocated to another eligible project, so I may be coming back before you to look at some of those reallocations. And just a couple of notes here. Our Finance Department has reviewed and approved the financial report for the CAPER. Our public comment period was opened December 2. Prior to this evening I have had no comment submitted by the public on the CAPER. This is a public hearing, so if we have anyone here in the audience who would like to speak they are more than welcome to do so and, then, with that, if we don't have anyone to speak, I would ask that the Mayor and Council close the public hearing and comment period and adopt the CAPER as submitted and direct staff to send the document to the U.S. Department of Housing and Urban Development for review. Thank you. Happy to stand for any questions. De Weerd: Thank you, Lori. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing we have nobody, I move we close the public hearing on CAPER. Zaremba: Second. Meridian City Council December 17, 2013 Page 15 of 54 De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 13-968: Community Development Block Grant (CDBG) PY2012 CAPER De Weerd: Item 8-B is a resolution to approve the CAPER and that's proposed -- or ordinance -- or Resolution 13-968. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 13-968. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Rountree: I have none. De Weerd: Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: Proposed Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: Next item is also a public hearing on our proposed winter 2013 -- and I would imagine it's the 2014 winter fee schedule. Okay. Just checking. I bet you threw that in there to see if I was paying attention. Dilley: Threw you a curve ball. De Weerd: Okay. Dilley: Okay. Madam Mayor, Members of the Council, now that all the Christmas festivities have completed, we now have a chance to look forward to winter 2014, as Meridian City Council December 17, 2013 Page 16 of 54 you said, and what we are going to do after the new year and our activity guide features classes and events and sports for January through April of 2014 and now that the cold weather is here for this winter it means our community center is going to be packed with ballerinas and ninjas and all sorts of yogis and -- De Weerd: Artists. Dilley: Yeah. Artists and -- the best that the state has to offer I would like to add in as well for the record, of course. And you can all see the new -- the new and the changed fees to the fee schedule and with that I would ask that the Council adopt the resolution to the proposed fee schedule and, as always, I thank you for your time and I will stand for any questions. De Weerd: Council, any questions for Patrick? Bird: I have none. De Weerd: Okay. Thank you, Patrick. This is a public hearing on our fee schedule for the Meridian Parks and Recreation Department. Is there anyone who would like to provide testimony on this item? Okay. Seeing no one jump up, Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Seeing no one needing to speak, I move we close the public hearing on the 2014 fee schedule. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Resolution No. 13-969: A Resolution Adopting the Winter 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item 8-D is the Resolution -- Zaremba: Madam Mayor? De Weerd: -- 13-969. Mr. Zaremba. Meridian City Council December 17, 2013 Page 17 of 54 Zaremba: I move we approve Resolution 13-969. Rountree: Second. De Weerd: I have a motion and a second to approve the Resolution on 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision De Weerd: Item 8-C -- or 8-E is a public hearing on VAC 13-006. I will ask for staff comments as I open this public hearing. Hood: Thank you, Madam Mayor, Members of the Council. The next item on your agenda tonight is a vacation of public utilities and drainage easements that were platted in 1978 with the recordation of the Olson & Bush Industrial Park Subdivision. The two lots that are part of the subject application are highlighted on the screen in front of you. They are located on the northwest corner of Lanark and Eagle Road, so just a little bit north of Franklin Road there on Eagle Road. The applicant is requesting approval to vacate the ten foot wide public utility drainage and irrigation easement platted on the interior lot line between Lots 1 and 2, Block 1. Currently the public utility drainage easement impacts only the subject lots. We do have relinquishment letters from all of the utility easement holders in accordance with state statute and our Public Works Department has no objections to the relinquishment of that -- the public utility drainage easement. So, with that, Madam Mayor, I would stand for any questions you may have on the vacation. De Weerd: Thank you, Caleb. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide testimony or would the applicant like to make any comment? Meridian City Council December 17, 2013 Page 18 of 54 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no comment, I move that we close the public hearing on VAC 13- 006. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the vacation 13-006. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-D on VAC 13-006. 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. F. Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District G. Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #106122368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision Meridian City Council December 17, 2013 Page 19 of 54 De Weerd: Item 8-F and G and public hearings on PP 13-031 and MDA 13-019. I will open these two public hearings. The applicant has requested to continue this item. Council, I would ask for your direction on where you want to continue them to, the 7th or the 21st. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we continue the public hearings on PP 13-013 and MDA 13-019 to January 21st, 2014. Rountree: Second. De Weerd: Okay. I have a motion and a second to continue Items 8-F and G to January 21st, 214. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Public Hearing: RZ 13-013 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R-8 Zoning District Approved Public Hearing: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1) Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts De Weerd: Okay. Item 8-H and I are public hearings on RZ 13-013 and PP 13-032. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda comes to you with a recommend from the Planning and Zoning Commission for the approval of the subdivision and the rezone. The property is -- currently consists of 14.69 acres and is zoned L-O in the city limits. It's located on the west side of North Locust Grove midway between Chinden Boulevard and East McMillan Road. In 2008 this property was annexed and zoned into the city with the L-O zoning designation and it's currently developed with an existing LDS stake center. Here is the aerial close up. The area highlighted in red is the area that the applicant is proposing to rezone and also subdivide as part of this in-fill project. As you can see with the surrounding developments it's all residential in nature. At the time that these subdivisions came in there were no requirements for stub streets and so at this point the applicant will be Meridian City Council December 17, 2013 Page 20 of 54 proposing a new street network for the residential portion and the existing -- the existing curb cuts that you see along Locust Grove Road, the applicant is requesting that those remain with the application this evening. I would also mention to Council that both ACHD, Planning and Zoning Commission support the existing access points remaining and also the public street access this applicant is proposing. So, here is the preliminary plat. It consists of, basically, one large church lot, which is to remain with the existing LDS church. And, then, along the southern portion are five point acres -- or five acres, excuse me. The applicant is proposing 21 residential lots and four common lots. The applicant is requesting the R-8 zoning district with that. The proposed density with the subdivision is 4.07 acres -- or dwelling units to the acre, which is consistent with the medium density residential designation on this site. We anticipate anywhere between three to eight units to the acre, so this is in the mid range. As I mentioned to you, the applicant did work with ACRD on the alignment on the road and currently in that exhibit or the aerial that I tried to show you that this proposed street network will align with East Strauss Drive on the east side of Locust Grove Road and ACHD -- ACHD staff was supportive of that alignment and that connectivity. Future development or future stub street is proposed at the south boundary of the church lot. One of our items that we called out in the staff report -- staff was concerned that the church still had a remnant piece of property that they could redevelop in the future and without having that stub street or connectivity we were concerned how would that develop in the future. So, we asked the applicant to provide a conceptual development plan and, basically, they platted out a cul-de-sac road and, then, they also showed how access to this development could be provided with an emergency access, if, in fact, we don't have another street connection to this subdivision in the future. So, currently we will have one access in and, then, in the future through the existing church lot here along the south boundary there is an existing driveway that the fire department will be able to use or utilize in the future and that was really the intent of this concept plan. Here is the landscape plan before you this evening. The applicant -- at least the residential portion of the development the applicant must provide ten percent open space and one amenity. The plan that's before you this evening has the required ten percent open space. It consists of a 25 foot landscape buffer along Locust Grove. The existing landscaping on the church property does exist. It's now shown in this landscape plan, but the applicant is required to comply with that requirement with the final plat. The applicant is also proposing eight foot parkways along the internal street and, then, there is a large passive open space lot here at the entrance of the development. One of the -- at least the proposed amenity for the subdivision will beaten foot pathway along the frontage of Locust Grove and as a requirement of the preliminary plat staff has placed a condition on this plat that requires the ten foot pathway to be extended with the first phase of development. The subdivision that's proposed to you this evening, all of it's proposed to be developed in one phase, but to insure that that happens and to get that pedestrian connection, staff has required that the pathway go in with the first phase regardless of how this develops in the future. Here are the proposed elevations before you. They are similar to what's developed in the area. There are a mix of materials, modulation in the roof lines, windows on the facades, covered porches. One of our recommended -- recommended conditions in the staff report is that any of those lots that abut North Locust Grove would have to come through staff review and make sure Meridian City Council December 17, 2013 Page 21 of 54 that those same design features are along that arterial street and, as I mentioned to you, that is conditioned in the staff report. Moving on to the summary of the public hearing at the Commission hearing. There were some folks that testified in favor that was the applicant Kevin McCarthy. Commenting on the application was Randy Clarno and Kathy Terrick. Kathleen was one of the adjacent neighbors and she was -- just had general questions about the subdivision itself. There were no key items of discussion, nor were there any changes to the staff's recommendations or conditions in the staff report for you this evening. Staff has not received any additional written testimony on the application this evening. One thing that I do want back up quickly on -- touch on is -- there is two items that staff is acting -- or asking the Council act on this evening. The first has to do with the existing access points. Currently, the way the code is written the applicant must seek Council's -- a waiver, basically, to allow those remaining existing access points to remain. The other Item is because we will have L-O zoned property up against the residential portion of the property, the applicant is asking for Council to allow, essentially, a reduced buffer along that boundary. Currently, a portion of the site abuts open fields that are developed with the church lot, so staff is amenable to that and, then, as I mentioned to you there is an existing driveway that will, essentially, touch or abut up against the proposed residential lots. Because the church does have -- has an existing landscape buffer that the parking lot abuts to, staff is amenable to the applicant's request to not require a landscape buffer along this boundary and allow the driveway to act as the adequate buffer in this landscaping and, then, in the future if this redevelops as residential, as I have shown you in the concept plan, there would be no need for a buffer in the future. So, staff is amenable to that and, again, this is an in-fill project. We have an existing church that predates the residential subdivision, so in this case future homeowners that are purchasing homes in the subdivision will certainly understand what's north of them when they buy a home in that development. Other than that -- other than those two items regarding the landscape buffer and the existing access points, there are no outstanding issues before you and I'd stand for any questions Mayor and Council have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. McCarthy: Kevin McCarthy. 9233 West State Street in Boise. De Weerd: Thank you. McCarthy: We worked with staff on this project early on and Bill pretty much hit it all, so I really don't have a whole lot to add. We are pretty fine to comply with all the conditions, so, really, I'm just up here for any questions you may have. De Weerd: Okay. Thank you. Council, any questions? Meridian City Council December 17, 2013 Page 22 of 54 Bird: I have none. Rountree: None right now. De Weerd: Thank you, Kevin. McCarthy: Thank you. De Weerd: This is a public hearing on these two items. Is there anyone who would like to provide testimony on either of them? Okay. Council, seeing none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we close the public hearings on RZ 13-013 and PP 13-032. Rountree: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-H and I. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve RZ 13-013 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-H. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 17, 2013 Page 23 of 54 Bird: I move we approve PP 13-032 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-I. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. J. Public Hearing: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District K. Public Hearing: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District De Weerd: Item 8-J and K are public hearings on AZ 13-016 and PP 13-033. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for an annexation and zoning and preliminary plat. This site consists of 123.45 acres of land. It's currently zoned RUT in Ada County and is located at the northwest corner of South Eagle Road and East Taconic Drive. A little history. In 2006 the subject property was platted as Lots 16 and 24, Block 1, of Black Rock Subdivision in Ada County. The Comprehensive Plan future land use map designation for this site is low density residential and a public park site is designated in this approximate area here. A little update. Since the Commission hearing on November 21st several items affecting the development of this site have changed that were not taken into consideration in the Commission's recommendation. A 3.6 acre public park was originally proposed to be dedicated to the city that the Parks Department is no longer requesting. The plat has been revised to incorporate seven new building lots in this area. This is the general area you see right there. The private park increased from two to 2.4 acres. The density increased from 2.05 to 2.13 dwelling units per acre and the configuration of plat changed at the west boundary to break up the long block length and cul-de-sac length as requested by staff. The applicant proposes to annex and zone Meridian City Council December 17, 2013 Page 24 of 54 126.27 acres of land with the R-2 zoning, which consists of approximately 47 acres of land and the R-4 zoning, which consists of approximately 79 acres of land. The R-4 is the area here on the left and the R-2 is this one large lot. A total of 11.4 percent of the western portion of the site is proposed to consist of qualified open space, consisting of a 2.4 acre private park. Other common areas, pathways, street buffers and parkways. And the site amenities consisting of pathways, swimming pool, pool house, playground and picnic shelter are proposed in accord with UDC requirements. Access is proposed on the plat from South Eagle Road via East Taconic Street. Stub streets are proposed to the west, north and east for future extension and interconnectivity. At this time only a single point of access is available to this subdivision. Because there are already 44 lots, approximately 30 of which are built out in Black Rock Subdivision, with a single point of access off of Taconic Drive, a secondary emergency access is needed at the point when the combined number of homes in Black Rock, which is this area right here that sits on a little hill above this development and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. The temporary access they are proposing is coming from the north through Whitebark Subdivision that's also currently in process. Actually, it was just approved on the Consent Agenda this evening. Water and sewer service to this development is contingent upon the developer extending a water main and a temporary sewer main into this development from the future Whitebark Subdivision to the north. With phase one the temporary sewer main will be extended to the existing sanitary sewer lift station constructed as part of the Black Rock Subdivision. This lift station will be decommissioned and the land is propose to be traded for land owned by the developer adjacent to the existing city well lot. The lift station lot was right in this area. The city well lot is right here. A minimum 25 foot wide landscape street buffer is required along Eagle Road, an arterial street, and a ten foot wide pathway is required along the east side of the property adjacent to the Ten Mile Creek, which runs along the corner of the property here and along Eagle Road in accord with the master pathways plan. A 30 foot wide buffer already exists along Taconic Drive, a collector Street. A five foot wide detached sidewalk is required to be added within the buffer. There is no sidewalk currently adjacent to Taconic Drive. There are several irrigation ditches that traverse this site that are required to be piped with development. The Ten Mile Creek runs along the northeast corner of the site and is required to remain open, as it is a natural waterway. A portion of this site lies within the Meridian flood plain overlay district. Prior to any development a flood plain permit is required. The southwest boundary of this site, as you see right here, lies at the bottom of a significant slope where the homes above sit on a ridge approximately 20 to 40 feet above the proposed subdivision. The plat depicts a 50 foot wide sloped easement where the homes -- excuse me -- on the rear of the lots in this area. The slope area is proposed to be owned and maintained by individual homeowners and will be landscaped and maintained in a consistent manner through the CC&R requirements. This is a copy of the applicant's proposed phasing plan. The private park area is shown to develop mostly within that first phase and this is the proposed landscape plan with the landscape buffer. Conceptual building elevations have been submitted, as you see here, for future homes in the western portion of the development. Because future structures on lots that back up to or face East Taconic Drive will be highly visible along Meridian City Council December 17, 2013 Page 25 of 54 this road here, staff is recommending that the rear or sides of structures on these lots incorporate articulation through changes in materials, colors, modulation and architectural elements, horizontal and vertical, to break monotonous wall plains and roof lines. The Commission recommended approval of the subject applications with the conditions in the staff report. Matt Schultz testified in favor, along with Tim Foster. No one testified in opposition. Martin -- excuse me if I slaughter your name -- Fabricius and Lynn Boyle testified -- just commented on the application. Matt Schultz, the applicant's representative, submitted written testimony, along with AI and Barbara Berlatt and John and Helen Huffman. The key issues of discussion by the Commission was the placement of the sidewalk along East Taconic Drive. The Commission did recommend some changes to the staff report. However, those items are no longer applicable as they pertain to the park site and the pathway and buffer along Eagle. Outstanding issues for the Council. This application may be remanded back to the Commission for their recommendation on the updated application if Council deems it is appropriate. Written testimony since the Commission hearing was submitted by Matt Schultz, the applicant's representative, in a letter dated December 12th, with updates and clarifications to their application. Staff responded in a memo dated December 13th and with a revised memo dated today, December 17th. The applicant is in agreement with the provisions in staff's latest memo and I will just run through those real quick. The staff -- the applicant is requesting approval of the following: The first is the construction of the pool and pool house -- they are asking that it not be required until the second phase of development. Staff has approved of this request, provided that the tot lot and a picnic shelter is constructed with the first phase. They are requesting approval of a trade of 9,196 square feet of land owned by the city where the lift station is currently located with an equal amount of land owned by the developer adjacent to the existing well lot to enlarge the well site. Staff is amenable to this request, as the lift station will no longer be needed once gravity sewer is extended with phase one and will need to be abandoned. If Council approves the trade, the configuration of the well site should be approved by Public Works. The area added to the well lot shall be usable area and should not include any of the area required for the street buffer or sidewalk. A development agreement -- the applicant is requesting that a development agreement not be required as a provision of annexation of the eastern 45 acre portion of the site. Staff is okay with this. Because of the R-2 zoning it will limit density on the site. However, Council should be aware that not requiring a development agreement does not tie the developer to conceptual elevations and, thus, will not guarantee quality of design. And, lastly, the applicant is requesting that the street buffer and the multi-use pathway along the eastern boundary of the site be constructed at the time of resubdivision and development of the eastern lot. Because the area proposed to develop at this time does not front on Eagle Road, staff is approving of this request. Staff and Commission recommendation is for approval with a development agreement. Staff is recommending that only apply to the western 79 acre portion of the site per the provisions in Exhibit B of the staff report and the revisions agreed upon by the applicant -- excuse me -- with the applicant in staff's revised memo to Mayor and Council dated December 17th. Staff will stand for any questions Council may have. De Weerd: Council, any questions at this point? Meridian City Council December 17, 2013 Page 26 of 54 Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Council. My name is Matt Schultz. 8421 South Ten Mile Road in Meridian. Here on behalf of DHH Investments I, LLC, and happy to be here for the holidays to, hopefully, get your approval on what I think is an extraordinary project, at least in my experience presenting an application and glad to have it before you tonight. DHH Investments I is a -- it's an acquisition arm for Boise Hunter Homes and Boise Hunter Homes does -- does a high quality move up -- second and third move up product -- home product, but also does some of their own development in places like Hidden Springs, Harris Ranch, Eagle, and also they acquired the back half of Kingsbridge and we developed that out over the last couple of years. This is, essentially, very very similar to Kingsbridge in terms of very very low density. We are acquiring 79 acres of the 144 acre legal parcel. That's why we are annexing the whole thing. It's our preference just to focus on the 79, because that's what BHH is purchasing. However, we understand you can't split up the parcel preannexation, so it's all being annexed at the same time. We are -- we are proposing a split zone, both of which comply -- or conform to the low density residential land use plan of R-2 and R-4. The reason we are doing R-4 on the 79 acres that we are purchasing is we like the large lots. We like R-2 size lots and 12,000 square foot minimum. We like that density. We like that. That's -- that provides a high end, frankly, expensive lot that demands a nice home and it's what we are pushing for. However, there is a provision in the -- in the zoning ordinance for setbacks that kind of pushes you towards a -- for a two story home you're limited to a 55 foot wide house on an 85 foot wide lot and so we would rather do a wider lot, so we'd rather have the R-4 setback flexibility, but other than that we are -- we are going to lock into 2.1 to the acre. We are going to lock into 12,000 square foot minimum lots. We are going to lock into the 11.4 open space and that density that really is R-2. Many areas with the side yard setbacks, we did that same exact thing on Kingsbridge a couple years ago. We came in for a zone change and Council approved it. We gave the same presentation. But really the same reason. As far as the portion we are not working on right now, we may in the future, we are proposing to come in in R-2. We think that if something is the size of the R-2 you're going to get a high quality product on there, because the lots are expensive. R-2 lots are expensive to develop. There is just a lot of -- a lot of infrastructure associated with those. We think it's a low risk for the city to do that. We don't want to obligate that right now. We are focusing on our 79 acres and if anybody does come and want to do something different, at a minimum we are going through a preliminary plat and we are going to do a zone change, I got to go through a deed, which will initiate a DA requirement at that time, which you can do what you will with it. So -- so, for now we are focusing on the 79, which is large lots and we have buffered the lots up against the existing Black Rock into half acre lots, like we abut -- it's an existing county subdivision Meridian City Council December 17, 2013 Page 27 of 54 with half acre lots on the rim, we are not only going to be 180 foot deep, we are also going to be 20 feet lower in elevation, so the view corridor is not going to be compromised with something, that we are doing detailed grading plans, we are going to move a whole lot of dirt with our first phase to make sure those elevations are correct and we get agood -- not only horizontal, but vertical separation in our lots to be a good neighbor to our -- to our existing homes to the south there and we had a really good neighborhood meeting. We shared with them our -- our willingness to provide an access to our pool. Those existing residences we want to integrate very closely with their community and be part of it, not be something that's totally different and distinct and I think we got the vast majority in support of us, you know, they'd rather see nothing happening there, but, you know, this is the next best thing we think as well. It works for us, it works for them, it works for your staff. Thankful for you staff and their working with us. We have got some good momentum here. Very minor tweaks to the site plan with the Parks Department not requiring a city park. It was getting complicated, problematic, and they stepped back and said, you know, we are probably going to step back and focus on the 79 acres -- 77 acres we have a half mile south of here, which is going to be imminently annexable. The city's owned it for three plus years. Bought it at a really good deal from I -- from what I hear and it's -- it's an awesomely located piece, really excited about the city hopefully programming towards that and really putting it in, not only for us, but to other subdivisions that are coming in in south Meridian. As far as our -- like I said, we worked with staff, appreciate all their help from legal to parks to planning to public works and working out the little details that could be big issues if you don't get in the same room and talk though them all and we have -- we have spent a lot of time doing that and we come before you not objecting to any staff comments. I know you're shocked, but it happens occasionally and it -- and we really do ask for your approval as we think we have got a high quality project, we think the DA -- it is not problematic to not require it with the R-2 zoning and that we are amenable to, essentially, R-2 lots with R-4 zoning on our part of it. As far as utilities and things like that, we will be pulling in probably a mile of sewer with our first phase to take out the existing lift station and to show you how immediately annexable we are, we are actually annexing some city lots that have your -- your well site and your lift station site with our application, kind of clean it up a little bit out there in terms of bringing it all into the fold, if you will, convert it to gravity sewer, have a secondary access. We have worked out cross-access -- or easements with the Whitebark property that you just approved tonight, to pull that sewer, to pull that water, to have a secondary access that's required for anything over 30 lots. So, we have all those issues worked out in terms of -- that could be problematic and that we have those easements worked out with that owner. Again, it's what we need to serve our first phase. So, with that we are really happy with where we ended up. It's -- it's an extraordinary project. I think it's from the density -- if I count on a couple of fingers in terms of a project with this low of density coming in to Meridian, some up on the rim in Eagle and one of them being Kingsbridge and that's one in South Meridian. It doesn't work everywhere. I will probably be back before you in six months on a four to the acre somewhere and it will work in that location, I promise. But this one does work here. It meets your comp plan. It meets the wishes of the neighbors. It meets our desire to build on this size of a lot and unless you have all three of those lining up it doesn't work. In this case it does work and Mr. Hunter has taken -- Meridian City Council December 17, 2013 Page 28 of 54 taken the move -- the chance to move forward with a high end subdivision and we hope this economy that we saw this year stays at least steady in the next year and it supports the big decision. We do need you to act on this tonight, we are contractually in a spot where we need to have your recommendation for tonight. I think moving back to Planning Commission for such a very minor change of the seven lots down here, based on staff not requiring the park is well within your prerogative to approve without remanding back. My remembrance of the Planning Commission was really happy with our lot size and they were really happy with our density and those are two things that we are maintaining, the lot size and density, and the city park was kind of -- it was kind of a wild card as it ended out. We are not sure how we are going to work all that out, and it ended up coming out. So, we really do need you not to remand this back to Planning Commission. We do ask for your -- your vote tonight for approval and I will stand for any questions. De Weerd: Thank you, Matt. Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Schultz: Thanks. De Weerd: This is a public hearing. I did have two others signed up on the public hearing sign-up sheet. Tim Foster signed up in favor. Would you like to provide testimony? Okay. Please come forward. Thank you for joining us. If you will, please, state your name and address for the record. Foster: My name is Tim Foster. I'm at 5805 South Graphite Way. I live up in Black Rock Homeowners Association up there. The reason why I'm here tonight is because a little over six years ago I stood fighting against the other subdivision that almost went in and -- and to you guys thank you for not approving that one. This one I felt it was just as equal that now I approve of what they are trying to do, so I figured that I should also stand in approval of that and let you guys know that, you know, there are us up there that do agree with this. I cannot speak for everybody up there. I can speak for most of the board that we approve what's going on. A lot of the homeowners have also expressed their interest in this. I think that, you know, a lot of us with the larger lots it's helping, so that was all I really cared to say, just let you guys know that we approve this that's going on. De Weerd: Thank you, Tim Foster: Thank you. Bird: Thank you. Meridian City Council December 17, 2013 Page 29 of 54 De Weerd: Also signed up was Annette Alonzo. Signed up for. Thank you. If you will, please, state your name and address for the record. Alonzo: I'm Annette Alonzo at 2204 East Hyper Drive and I'm also in Black Rock. De Weerd: Thank you. Alonzo: And I am one of the lots that is right on the rim that will be impacted, which will be right against each other. I just think this is a really nice subdivision. I think Jim Hunter and Chad and all that group have done a great job, they have been courteous to us, they have been communicative and very forthcoming with everything, trying to get our ideas on the subdivision, it's been wonderful. I just have two little concerns. First of all is the building height that is on that lot, those of us that are on the rim spent a lot of money on those lots for the view and I know we have spoken to Jim Hunter and he said his houses -- his tallest house is no higher than 30 feet. That would be okay with us, as long as we are talking 30 feet from the dirt level, not 30 feet from the top of the -- of the floor and the other thing was that he said that he may not build out all these houses and, in fact, in the event that he doesn't build out all these houses and we get another builder in there who may have a house that goes to 35 feet that I think is your maximum for -- for Meridian, so I'm concerned about that additional five feet and blocking our view. So, I would like to have some regulation on those lots along that rim to be no higher than 30 feet above the dirt level. That would be very helpful for us in our view and I know we -- I talked to Jim upfront early about single levels, only I know that would be rather impossible based on the size of those lots, the width of those lots, but single level homes would be lovely there if we do do that, but I know sometimes that's a little more difficult to do and I'm in the real estate trade also. My second concern is that there are four lots that are actually included in the Black Rock Subdivision, they would be at the end of our -- our subdivision and will not be connected via a street to the -- to this subject subdivision. Those lots, being that they are at the end of our street -- at the end of Hyper Drive and Graphite, will be a cul-de-sac and being that they will look like they are part of our subdivision we would love for them to adopt our building specs and requirements for the continuity of our subdivision, we have done a really good job. I have been the HOA president in there since the inception of this when it was turned over to us and I think we have done a really good job in maintaining that and we have some million plus houses in there and those houses on that rim, if we could -- if they could adopt our building specs and everything. Also allow for the Black Rock architectural control committee to have input whenever there is a building being -- going to be proposed on that, we could have the ability to approve that -- those homes as well, I think that will help us, being that they are in a -- kind of in our subdivision and have those four houses adopt the Black Rock CC&Rs, in addition to the Southern Springs Heights -- Southern Highlands' CC&Rs. So, those are my points that I have. De Weerd: Okay. Thank you, Annette. Any questions? Hoaglun: Madam Mayor? Meridian City Council December 17, 2013 Page 30 of 54 De Weerd: Mr. Hoaglun. Hoaglun: If -- Annette, I want to be sure I know what you're talking about on two things. Alonzo: Uh-huh. Hoaglun: One, if Sonya knows where the -- those two lots are. I think they are the cul- de-sac, but Iwill -- Alonzo: There is four, actually. Hoaglun: The four right there. Okay. I just wanted to be sure that I had the right cul- de-sac. And, then, on the building heights, I just want to be sure, because you talked about 30 foot and 35 feet. From the dirt level no higher than 35 or was it 30? Alonzo: So, Jim Hunter his houses -- his two story houses are no higher ever than 30 feet. Hoaglun: Okay. Alonzo: I just want to make sure that that 30 feet is from the dirt level -- we are talking dirt level or not from the top of the sub floor, because that could make a three foot difference in our height and 35 feet is what the guidelines are for Ada County or for Meridian. Hoaglun: Right. Right. Alonzo: I know 35 feet is the maximum height we can have out there. Hoaglun: Okay. Alonzo: So, I would just like to have that 30 feet -- put that in as 30 feet maximum on those lots along that rim from the dirt to the top of the roof. Hoaglun: We will ask the applicant about that. Alonzo: Okay. Hoaglun: Thank you. Alonzo: Thank you. Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council December 17, 2013 Page 31 of 54 Zaremba: A clarification on heights if we may. They aren't actually measured to the peak of the roof, they are measured someplace else, aren't they? Watters: Madam Mayor, Councilman Zaremba, Councilmen, our zoning code allows a maximum building height of 35 feet. It is measured per building code and that goes to the mid point of the roof. Bird: Yeah. Zaremba: I just want to make sure you understand that it's not the peak of the roof that is measured to -- Alonzo: Okay. Well, anything over 30 feet is going to seriously obstruct our views off there, is what I'm trying to --the point I'm trying to make. De Weerd: Okay. Any other questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. Alonzo: Thank you. De Weerd: This is a public hearing. Those are the folks that signed up. Is there anyone who would like to provide testimony on this item? Hood: Madam Mayor? If I could --just one point of clarification on the -- the land swap that Sonya mentioned in her presentation and I think Mr. Schultz mentioned it, too. But the lift station site that is being proposed to be located and be adjacent next to the well site, Public Works staff is in favor of that, but I just want to be clear that the action tonight does not make that happen, there will have to be another action to actually swap those properties, so the preliminary plat doesn't mean that those properties change deeds. So, there will have to be another action before the Council to make that -- I am giving a favorable recommendation from staff on that, but just to be clear, this action will not rectify that this evening. De Weerd: Thank you, Caleb. Okay. Would the applicant like to make final remarks? Schultz: Thank you, Mayor and Council. Matt Schultz for the record. Yeah. The two comments that Ms. Alonzo brought up, the first one being building height. I did talk to Mr. Hunter and we are open and agreeable to those lots that abut the Black Rock existing lots that are there, to be 30 feet from the pad grade -- the rough grade -- pad grade through the peak of the house. If that helps. Thank you. And, then, the next one, as far as the four lots that are really up on the top and disconnected, they are Meridian City Council December 17, 2013 Page 32 of 54 larger lots, they are disconnected from us, they really are part of Black Rock. We are totally open to those being required to comply with the CC&Rs and the -- of ACC guidelines of the Black Rock, so we can fit in and be good neighbors there. And, lastly, on the lift station lot, I don't know if it was clear or not where that is. It's somewhere right in there. There is a lift station lot. You can see our road lining up with it right there. It just works really really well for that to go away and for not having to go into a public surplus property process where you have already got another site out there to swap into real close. So, it works out pretty slick. We are asking for your conceptual approval of that process and we will finalize that process with the next step of our final plat and we will finalize that. So, thank you. De Weerd: Okay. Anything -- any other questions for Matt? Bird: I have none. Rountree: Thank you for the clarification. Schultz: Thanks. De Weerd: Thank you, Matt. Okay. Council, any additional questions for anyone who has provided testimony or for staff? Hoaglun: Madam Mayor, question for staff and probably Bill. On the CC&Rs, I mean can we require them to abide by the CC&Rs in another subdivision or is that just a private agreement that they make between themselves? Nary: Madam Mayor, Members of the Council, you cannot make them do that. You can limit the building heights and you can limit the lot -- or the house sizes that they are requesting, but, no, you can't require that they agree to another set of contractual terms for another subdivision. You could require those -- if there is specific provisions that you think are relevant to our development agreement for those, that's certainly something -- you could have that discussion with the applicant. Hoaglun: But it was stated, Madam Mayor and Bill, in a public hearing, so they can deal with that matter and have it on the record, so -- okay. De Weerd: Okay. Anything further? Bird: I have none. De Weerd: Okay. Council, I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 17, 2013 Page 33 of 54 Bird: I move that we approve -- or close the public hearing on AZ 13-016 and PP 13- 033. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-J and K. 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 AZ 13-016 and to include all staff, applicant and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-J. 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. Bird: I move we approve PP 13-033 and to include all staff, applicant and public testimony and include on the Black Rock backed up lots the building height not exceed 30 feet from floor to -- from grade to top of peak. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-K. Council, any discussion? Okay. 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 December 17, 2013 Page 34 of 54 Hood: Madam Mayor? Real quick before we move on, if I may. Just a point of clarification on the last item. The way that that last condition about the height -- will actually be in the development agreement and on the plat. Bird: Oh, I'm sorry. Okay. Hood: It's fine, as long as everyone understands that, but that's the more appropriate place -- Bird: That would be in the preliminary plat. I'm sorry. Hood: We're good. Thank you. L. FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of Land in the R-8 Zoning District De Weerd: Okay. Item 8-L is final plat 13-042. I will ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a final plat. This site consists of 42.81 acres of land. It is currently zoned R-8 and is located on the south side of West Chinden Boulevard midway between North Ten Mile and North Black Cat Roads. The applicant has applied for final plat approval of 93 single family residential building lots and 24 common lots for the second phase of Bainbridge Subdivision. Written testimony has been received from Mike Wardle and David Turnbull. Outstanding issues for Council. Condition No. 4 -- excuse me -- 4-C needs to be deleted. It pertains to the removal of common lots shown in the cul-de-sac for planter islands. Would like to replace this with a new condition for the lots accessed by common driveways to be revised to comply with the minimum street frontage requirements of the district or the UDC standards in effect at the time of signature for lots accessed by common driveways. A text amendment before you later tonight will, if you approve it, change the lots accessed by common driveways to not require street frontage. So, that would be allowable. I will go ahead and turn it over to Warren for his comments on the application. Stewart: Madam Mayor, Members of the Council, I want to take a little bit of time here to discuss Condition 6.11. This condition has been an item of concern to the applicant and staff has met on a couple of occasions with the applicant related to this issue. This condition stems from the need to meet two requirements. First and primary reason for this condition is the need to meet fire flow requirements for this development without a secondary connection or without the completion of other mainline extensions that are Meridian City Council December 17, 2013 Page 35 of 54 part of other development projects, our water system cannot provide adequate fire protection to this development. Staff wrote this condition so the fire flow could be obtained in a manner that would also be consistent and in compliance with our 30 lot single connection rule that staff discussed with Council approximately three to four weeks ago and obtained your direction to move forward with implementation. It also allowed the applicant to be in control of their own destiny, instead of being dependent upon others. However, the applicant has expressed an interest in modifying this condition to allow them the option of waiting for other developments to complete mainline extension projects that would allow them to meet the fire flow requirements. If this condition were revised to allow that as an option, fire flow can be provided to this development through the mainline extension of other development. However, this would not address the 30 lot connection -- single connection rule that Council authorized staff to move forward with about three or four weeks ago. This is the issue that the Public Works Department would like to, essentially, discuss in the department report later in this hearing -- or this Council meeting. So, at the direction of the Public Works director we will be requesting your permission in that -- in our department report to temporarily suspend implementation of the 30 lot -- or 30 lot connection rule until we have had the opportunity to take that rule through a public comment and essentially input process that will come as a -- as we, essentially, move our development standards forward and we just felt like it made sense, since we are going to have to do that anyway and we are going to have to open, essentially, another comment period for that when we -- when we move through the process. So, we would, essentially, like to talk with you about that. Therefore, we are recommending that Condition No. 6.11 be modified to allow the option of waiting for other mainline extension projects to be completed as a means of providing fire protection to the proposed development and that building permits will not be issued until adequate fire protection is available and that the 30 lot limit be removed from this application. We are not suggesting in this that we touch applications that have, essentially, gone through the process previously, but, essentially, this would affect this application and, then, based on your decision in the, essentially, department report we would move forward as you guide us to do so. And with that I would stand for any questions. De Weerd: Thank you, Warren. Any questions from Council? Bird: I have none at this point. De Weerd: Okay. Any questions for staff? Okay. Would the applicant like to comment? Good evening. Turnbull: Good evening, Madam Mayor, Council. My name is David Turnbull. My address is 12601 West Explorer Drive in Boise. I appreciate the feedback that -- I have had a conversation today with Mr. Barry, Public Works director, and knew that this was coming up. I did have a 45 minute presentation to give you, I worked really hard on it, PowerPoints and the whole thing, but I think I will just suspend it, so -- Bird: Phew. We really really feel like we are missing out. Meridian City Council December 17, 2013 Page 36 of 54 Rountree: Did you put that in your back pocket? De Weerd: Did you bring it? Bird: Thank goodness for Tom Barry's -- Hoaglun: No. I think he helped him write it. Turnbull: I guess I'd just say we are in agreement. We understand the requirement for fire flow protection and all those things. We have alternatives to accomplish that and we appreciate the suspension on the lot limitation and so we agree with those conditions the ones Sonya mentioned and would ask for your approval. De Weerd: You mean I might get to my daughter's birthday party after all, uh? Turnbull: We'll see. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: Madam Mayor, just -- just for a comment, David, I hope with our action that you will commit to working with us to resolve this issue for the future as we move forward. And I know you will. Turnbull: I always have. Rountree: Yes. Turnbull: Thank you. De Weerd: Thank you. Okay. Council -- or, staff, any additional comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Final Plat 13-042 -- Zaremba: Is this a public hearing? Rountree: Oh. It's not a public hearing. A final plat. We approve Final Plat 13-042 with staff's comments with respect to fire flow and number of houses on a water line. Bird: Second. Meridian City Council December 17, 2013 Page 37 of 54 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 carries. MOTION CARRIED: ALL AYES. M. Continued from December 3, 2013: Public Hearing: ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts De Weerd: Oh, wow. I think I spoke too soon. Hood: I didn't know you had a party to get to, so I'm going to move this right along. De Weerd: Well, I might just leave in the middle of it, so -- just saying. I will go ahead and ask for staff comments on Item 8-M, which is a public hearing on ZOA 13-003. Hood: Madam Mayor, Members of the Council, this item we discussed a couple weeks ago. Justin Lucas presenting to you. You continued it to this evening's meeting with a couple of things -- couple of directions for staff to give a little bit more time for public and any potential stakeholders to consider the proposed UDC text amendments and to allow staff some time to research an effective way to insure that public hearing signs are removed in a timely manner. We did meet with code enforcement and have a couple things that we now know and would like to propose. Just a real brief refresher. UDC 11-5A-D3 requires public hearing notice signs to come down within three days after the final public hearings for a project. Code enforcement is aware of this issue of old signs remaining up certainly longer than three days. Some of them for years. After looking at those ones that have been up for a long time, their investigations have concluded that several of those old public hearing signs are located on properties outside of city limits where the property was either never been annexed or an applicant maybe didn't sign their development agreement, the ordinance didn't ever happen and, therefore, not within our jurisdiction or the project was denied and they didn't take it down. So, in that case the enforcement of our code is difficult, because it's still in the county. Going forward, though, also did also talk about kind of going forward for new applications and what I would like to do is present that -- that process, that solution to seeing this issue continue on into the future. So, what we are going to commit to do is the project planner will call the applicant -- in some instances maybe just an a-mail -- to remind them of the affidavit they signed at application. During an application submittal one of our things on Meridian City Council December 17, 2013 Page 38 of 54 our checklist is we require applicant to guarantee that they will post the site and take it down. But that's some three, four, five months after their last hearing. So, we are going to give them a friendly reminder, just say, hey, you know, it's a couple days after the public hearing, can you take your public hearing notice sign down and also it gives us a good opportunity, actually, quite frankly, to show them the Meridian way, to just base with them on the hearing the night before or a couple nights, ask them how things went, kind of what you're expecting or going to get the findings on in two weeks, that type of thing, just to touch base, kind of good customer service type thing. So, we will do that as staff within acouple -- within a couple few days after a hearing and, then, five to seven days after a public hearing and notify code enforcement. We will say, hey, these three or four projects were done five to seven days ago. At your leisure can you drive by and just insure that that sign has been taken down. If not, they will let us know and we will, then, recontact the application or give code enforcement officers or applicant- owners contact information and they can contact them directly saying, hey, it's been a week now, it's been three days, please, remove this or we will proceed forward with true enforcement. So, that's what we would propose at this point in time, to try that solution. We think it's a good first step. There are, certainly, other options. Before we talked about them, you know, sign another piece of paper or withhold their findings until they send us an affidavit saying, yes, in fact, we took the sign down. But this seems to be more user friendly for everybody and it's what we propose going forward. So, we don't need any code changes to make that happen, we just need some internal processes that we would like to implement and try it and see how it goes. Again, code enforcement seems to be willing to do this, too, and so that was, again, one of the main reasons for this continuation. So, I might just pause there. I'm not going to go through double fencing and common lots and all that other stuff we talked about before, we beat that. But just that item is what I wanted to take a little bit of time and update you on and see if you're okay with that approach or if you would like to try something different. Hoaglun: Thank you, Caleb. Council, any questions for -- Rountree: I think it's a great approach. It's much better than the enforcement attitude. Bird: Yeah. Hood: So, just in conclusion, then, unless there are anymore comments there, in conclusion what staff would recommend is approval to some of the UDC text amendment changes we propose. The ones we would like to continue out for the next round sometime in the next six months we will probably put another application together, is the changes to UDC 11-3A-6 and Table 11-5B-5 related to irrigation easements. That was something that Mr. Yorgason commented on -- there he is. He's here -- last time and staff -- and that came out at P&Z as well. And, then, also the industrial use changes that we had discussed last time we would also like some more time to think about that a little bit more and if that's the right approach or not. So, we would request that those changes not be approved tonight, but the rest of the changes in the staff report would move forward as -- as presented. So, with that, Mr. President, I would stand for any question or comments you may have. Meridian City Council December 17, 2013 Page 39 of 54 Hoaglun: Thank you, Caleb. This is a continued public hearing. Is there anyone in the audience that would like to comment? Council? Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I'd like to -- do you need it passed tonight, Caleb? I'd like to see it come back in a clean -- Hood: Sure. Bird: -- applicant, because, I'm not sure that I'm a hundred percent clear on what we are and what we are not -- I think I am, but I'm not enough to -- to stumble down the road. Hoaglun: And, Councilman Bird, do you wish to keep the public hearing open until that time we adopt or -- Bird: I don't believe we need to keep the public hearing open on that. I will let the other Councilmen and yourself -- Rountree: If you're uneasy with what you understand has taken place, I think we can close the public hearing -- Bird: We can -- that's what -- Rountree: -- and have Caleb bring back aclean -- Bird: A clean bill of what we are going to -- Rountree: -- bill of what we are -- Bird: -- what we are passing and what we are not. Rountree: I think that would be appropriate. Bird: That would be fine with me. Hoaglun: Want to do a motion? Bird: Mr. President? Hoaglun: Councilman Bird. Meridian City Council December 17, 2013 Page 40 of 54 Bird: I move we close the public hearing on ZOA 13-003. Rountree: Second. Hoaglun: I have a motion and a second to close the public hearing on Item 8-M. All those in favor, please, say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I would move that we have Caleb bring back a clean bill of what we are passing and what we are not on this UDC on ZOA 13-003. Rountree: Second. Hoaglun: Motion and a second to direct staff to bring back a clean copy of the zoning amendments and do we have a date certain that we would like to have that by? And, Caleb, do you have any recommendations? Hood: Mr. President, we can certainly do it at that first meeting in -- January the 7th I believe is the date. Certainly plenty of time. Bird: That would be okay with the motion -- Hoaglun: Not controversial, so it's quick and easy. Rountree: Second approves. Hoaglun: So, second approves. So -- so, his motion is to have -- have the clean zoning amendment before Council at the meeting on January 7th. All those in favor, please, say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Community Development: Budget Amendment for Community Development Block Grant (CDBG) for the Not-to-Exceed Amount of $293,913.00 Hoaglun: Item 9-A, Department Reports. Community Development. Who has that? Caleb? Meridian City Council December 17, 2013 Page 41 of 54 Hood: Thank you, Mr. President, Members of the Council. I sent Lori home. I don't know that she had a party to get to, but I didn't want her to have to sit through all this other stuff, so I agree to present her budget amendment for tonight. As per usual the city has received our allocation for our CDBG appropriation for -- for this upcoming year. The city received and the Mayor signed the program year 2013 grant agreement with HUD. The dollar amount is consistent with the grant revenue identified in the PY- 2013action plan. This budget amendment reflects the grant revenue of 293,913 dollars in expenditures of same, consistent with that action plan. I don't remember the exact dollar amount, but in Lori's CAPER report earlier tonight there was somewhere around the neighborhood of 258,000, I believe it was, dollars. So, our entitlement is going up some 40,000 dollars this program year. The expenditures do reflect activities identified and approved in the PY-2013 action plan and HUD approved our action plan as amended with that sidewalk project that Lori brought up to you here a couple few months ago on Idaho Avenue. There have been some questions at the last public hearing on whether or not HUD was going to accept our project and they, in fact, have agreed -- just aquick -- if you don't remember we kind of have this placeholder project and they said we want you to name something and we did and they have accepted that and that's a partnership with ACHD to build some sidewalk segments on Idaho Avenue here west of City Hall. So, Mr. President, Members of the Council, that -- those are the speaking points with a little bit of my narration that Lori gave me and I will stand for any questions. Hoaglun: Thank you, Caleb. We will make it really hard. Council, any questions of Caleb? Bird: I have none. Rountree: I have none. Hoaglun: You're getting off easy. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve the budget amendment for the CDBG grants in the amount not to exceed 293,913 dollars. Bird: Second. Hoaglun: I have a motion and a second to approve the budget amendment for CDBG funding for the city and, Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. Meridian City Council December 17, 2013 Page 42 of 54 MOTION CARRIED: ALL AYES. B. Parks Department: Budget Amendment for New Workstation for Marketing Coordination for Not-to-Exceed Amount of $5,607.00 Hoaglun: Item 9-B, Parks Department. And I don't think see Steve here. I think he was going to be speaking to that. I don't know -- Councilman Zaremba, do you know? Do you want to -- Zaremba: I may be able to speak to that. The Parks Department has identified a need to have, essentially, what I would call a public information officer in -- in their department. There are many activities that they publicize. That's a budget amendment that will come before us at some point. A little premature to talk about that, but in the assumption that that will be approved they need to have a working space for that person and this is a budget amendment to approve building the working space in preparation for having that new employee for them. Hoaglun: Thank you, Councilman -- Zaremba: Mr. Nary appears to have something to add to that. Nary: Mr. President, Members of the Council, Madam Mayor did send me a note. She had told Steve that she would present that prior to her having to leave as well. This is a position that has been previously discussed with you. It is a transfer of position from one department to another, so you may not see a budget amendment potentially, just you may only see the personnel transfer, but this is the work station for that position. So, it's just a standard amount that is budgeted by the budget office for any type of tenant improvement for a cubicle space. So, that's where the number comes from. That's what it's for. You have had that previously presented. So, if you have other questions -- I'm not the HR person anymore, but I think I could probably answer it for you if you need it, so -- Hoaglun: Thank you, Bill. Council, any other questions? Bird: I have none. Rountree: None. Bird: Need a motion. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Meridian City Council December 17, 2013 Page 43 of 54 Zaremba: I move we approve the budget amendment for the new workstation for a marketing coordinator for the not to exceed amount of 5,607 dollars. Rountree: Second. Hoaglun: I have a motion and a second to approve Item 9-B. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Purchasing Department: Public Safety Training Center Discussion -Agreement Forms Hoaglun: We have already had Item 9-C, which was moved and has been addressed. D. Amended onto the Agenda: Public Works Department: Secondary Water Connections Hoaglun: We will go to 9-D, which was amended onto the agenda. And, Warren, you want to lead off on that? Stewart: Yes. President Hoaglun, Members of the Council, as you may recall, approximately three, four weeks ago we came to you with a -- essentially, a department report to discuss the creation of a rule that would limit the number of residential building lots that could be, essentially, established on a single connection. This was done in -- to address a couple of concerns, which we explained in more detail and I won't go into that tonight, but, essentially, it was to address some water quality concerns that we have and some of the issues that surround water quality and issues that cause those. It was also done in order to, essentially, increase the reliability of our water systems as, you know, getting too many lots on a single feed increases the likelihood that we will have potential customers out of -- out of service. Those issues are still very real and we do believe that there is a need to address those issues, but your direction at that time was, essentially, to move forward with that, implement that policy, and to go out and educate folks on that policy. We did that or started to do that -- go through that process. We went and met with the BCA and have had some conversations with other individual developers. There seems to be a lot of concern over the fact that they -- there wasn't enough public process and an opportunity for them to provide input and feedback on that policy. Because we are already in the process of drafting a development standards manual, which we anticipate that this policy or this rule will be a part of and that manual will go out for a public process later this spring, probably around the April time frame, we felt that it's probably appropriate, rather than try and have this discussion now and go through this education process and, then, come back again and sort of reopen that -- Meridian City Council December 17, 2013 Page 44 of 54 potentially that discussion with that development standards manual discussion, that maybe it's appropriate for us to come to you and get your direction on, essentially, temporarily suspending implementation of that rule until we have the opportunity to put that into the design standards draft document and take that document out for a more robust public input and comment effort and, then, bring that back to you as a final document at a later date. So, I'm, essentially, here tonight in this department report seeking your direction on whether to, as I said, essentially, temporarily suspend that, go through that process with the design standards manual and, then, bring that back to you in the future. This would -- we anticipate that this would impact only applications that are in process now or that would come in in the future and that it would not undo any approvals that have been granted or done past. We feel that it would be problematic to, essentially, make that retroactive as some developments are now moving forward based on infrastructure that other develops are going to be putting into place and that might unravel that, so we don't want to touch anything that's been done in the past, but, essentially, put -- essentially, put the -- hit the pause button for a few months until we have an opportunity to go through a more robust public input process. And with that I will stand for any questions. Zaremba: Mr. President? Bird: Mr. President? Hoaglun: Thank you, Warren. Councilman Zaremba. Zaremba: Thank you, Mr. President. Actually, what you're suggesting is what I thought we asked you to do in the first place, which was move forward with the public involvement, ask stakeholders and developers to make other suggestions as well and to do some further research and the move forward I didn't interpret as etch this is stone, I interpreted it as, yes, this is worthy of spending time on, but the time is to involve the community in making other suggestions. Maybe I misinterpreted that, but -- Hoaglun: Councilman Bird. Bird: Warren, I have got quite a few concerns. First of all, that's -- if you go back and read the minutes of -- page 62 to 66 on -- on November 6th I believe it was, you will find out that we give the directions that Councilman Zaremba just said, it was go out and get the opinion and come back to us. We -- I have got -- and I realize we need to be pro- active, but I think you have to look in the past, too. I have lived 48 years in Meridian, Idaho, in the old section of town. I'm probably on one of the first or second wells and my -- I have asked my wife and -- we have never been without water, except when they were -- when they were flushing or when they come down and said we are going to shut it down for a half hour or something -- I don't know how many water mains we have break, but I don't think it's a lot. I think we need to -- if we are going to go forward with these requirements, we need to look back at the history of what our stuff's done and I would be shocked if we haven't upgraded all of our stuff within our water department from what it was in 1965. So, while I want to be pro-active, I also want to have some Meridian City Council December 17, 2013 Page 45 of 54 common sense and I look at -- at what Boise water -- they don't require any stuff like that. And, you know, if they don't, why are we having to? Is our wells and stuff not up to theirs? We have to worry about water quality or we have to worry about reliability? And I'm not -- you know, I just think we need to have some common sense when we set some of these rules. Hoaglun: Warren, any response, comments? Stewart: Appreciate the comments and the feedback. You know, certainly we got a different spin on the -- on the meeting that we had a few weeks back. That's neither here nor there. What we are hear tonight asking for is an opportunity to clarify the direction you want to go and we are asking for, essentially, your direction to suspend implementation of that until we have an opportunity to go through a more robust process. I will say that the City of Meridian generally does a really good job of providing redundancy in our system. That's done quite a bit through the fire flow requirements. Most subdivisions as they are developed you only can get to a certain size before we do not have the ability to provide adequate fire flow without secondary connections. That's not always the case. We do have a few situations in town right now where we have several hundred homes on a single connection and, essentially, one point of failure. That is a concern to us. We do have a few mainline breaks every year and the reality of it is that mainline breaks are not necessarily on old infrastructure. We have had several mainline breaks recently that have occurred on infrastructure that has been, essentially, installed within the last 20 years, which if you look at the life cycle of PVC they recommend it will last -- or tout that it will last a hundred. So, we do have mainline failures. The most common reason and rationale for that is improper bedding of the pipe. Nevertheless, we are just trying to mitigate a situation where we might have several hundred homes that are on a single point connection where one failure could result in them being out of service and out of fire protection. In addition, we also have water -- or the majority of our water quality complaints -- the vast majority of our water quality complaints come in subdivisions which have single point connections. Because we have to increase the residual -- recording residual in those subdivisions in order to maintain disinfection, it essentially precipitates iron and manganese out more quickly. So, we have brown water and, essentially, black water calls more commonly in those subdivisions. So, we are trying to address those issues. We have -- you know, we feel that we have received direction from the City Council to improve water quality in the City of Meridian and -- as well as provide a robust water system and that's the nexus for what we are trying to do here. We certainly -- like I say, we are willing to step back, take a look at this, work with the community, get input and feedback on how we might be able to do this. There might be some other incentives or things that we could, essentially, look at in order to make this more feasible and palatable for folks. This would give us the opportunity to take the time to do that. Hoaglun: Thank you, Warren. Meridian City Council December 17, 2013 Page 46 of 54 Rountree: So, Mr. President, I guess the sense here is that, yes, Warren, we agree with your recommendation and -- but let's move forward with that -- with that tact and for now it's suspended. Stewart: Thank you. Zaremba: Likewise. Rountree: Mike's got a comment, so -- Hoaglun: Oh. Mike. Wardle: Mr. President, Council Members, I realize this is not a public hearing, but Mike Wardle for Brighton. Warren just made a comment a few minutes ago about the suspension of the rule would not affect anything that had been previously approved, but I think you will recall that not probably five or six weeks ago this issue first came up in Banbridge No. 1, a 43 lot plat, was approved with the restriction of 30 lots. It was our belief at that particular point that the issue, essentially, asked to be further investigated and so I think Warren has said that that would not apply in that case, which would force us, then, to come back to the Council with a -- I think about a 504 dollar request to modify a condition of approval. I want to just get that on the record, that we will work with staff in the intervening weeks to determine what the Council's direction was that evening on Bainbridge No. 1, but we think that it -- actually, if the door was left somewhat open for us on further investigation on that matter. So, just wanted to put that on the record. Bird: Thank you. Hoaglun: Thank you, Mike. Yeah. That -- Bird: Mr. President? Hoaglun: Councilman Bird? Bird: Warren, can I ask you another question? When was this policy passed and implemented by the Council? Because I -- boy, I'm -- I'm blank. Stewart: Right. President Hoaglun, Councilman Bird, as part -- I guess one of the clarifications I want to make -- we are more than happy to work with this applicant to try and determine what the status, if you will, is of the -- of application that they came before us before and determine if there is -- you know, where we are at and if there is an opportunity to -- to work with them and modify that. I will say that this is not the first or only, essentially, development that this has occurred. Essentially, we -- as part of, you know, ongoing efforts to improve and look at situations and circumstances, this -- this issue came up probably a year and a half ago and there have been a few situations where we have put, essentially, a requirement for a second connection in other Meridian City Council December 17, 2013 Page 47 of 54 developments as part of the staff comments and they were approved as part of the staff comments. It wasn't part of a formal process or policy, simply a recommendation by the staff, you know, in this -- in individual cases that those requirements be, essentially, imposed on those developments and those went through that process, just as they would any -- you know, any other staff comment. We decided that, you know, as it kind of moved forward we decided that, well, it's probably something that we ought to seek some direction on as far as -- as far as a policy if this is something we want to continue to do, rather than on a case-by-case basis, we would just, essentially, make it part of our standards. And that's when we, you know, started having those discussions with you. In fact, the discussion that we had three or four weeks ago was not the first discussion we had with Council, we actually had a discussion a month and a half or so before that. So, we have had a few discussions on this issue, but we first started, essentially, requiring it as part of just staff comments on some developments approximately a year and a half ago. I want -- I want to point out that in many cases -- in fact, in most cases this rule doesn't apply, because subdivisions are built continuous to the city and if they are, you know, the connectivity is there and is required and it doesn't really come up in a lot of cases unless you're building out on the periphery. So, it hasn't come up a lot, but it has come up in conditions on developments probably for about a year and a half. Bird: Okay. Thanks, Warren. Hoaglun: So, Warren, I think you have got the direction of the Council and appreciate your work on that and we look to forward to hearing back eventually. Item 10: Ordinances A. Ordinance No. 13-1586: An Ordinance for Annexation (AZ 13- 009) of 26.53 acres to R-4 located North Side of Chinden Boulevard and West of N. Ten Mile Road known as Spurwing Orchard East Subdivision Hoaglun: We now move to Item 10-A, Ordinance No. 13-1586. Madam Clerk, would you read this ordinance by title only. Holman: City of Meridian Ordinance No. 13-1586, an Ordinance AZ 13-009, Spurwing Orchard East, for annexation of a parcel of land located in Lots 10, Block 1, of Westwing Estates and a portion of the southeast one quarter of the southeast one quarter of Section 22, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho and adjacent and contiguous to the corporate limits of the city of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Meridian City Council December 17, 2013 Page 48 of 54 Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: Thank you, Madam Clerk. Is there anyone in the audience who would like to hear this ordinance read in full? Seeing none. Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve Ordinance 13-1586 with suspension of rules. Bird: Second. Hoaglun: I have a motion and a second to approve Ordinance 13-1586. Madam Clerk, would you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. B. Ordinance No. 13-1587: An Ordinance (AZ 13-007 -Hacienda South Subdivision) for Annexation Of A Parcel Of Land Located at the East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road; Establishing the Land Use Zoning Classification of Said Lands from RUT in Ada County to R-8 (Medium-Density Residential) Zoning District and Providing an Effective Date Hoaglun: Item 10-B is Ordinance No. 13-1587. Madam Clerk, would you, please, read this ordinance by title only. Holman: Thank you. City of Meridian Ordinance No. 13-1587, an Ordinance AZ 13- 007, Hacienda South, for annexation of a parcel of land situated in Government Lot 2, Section 30, Township 4 North, Range 1 East, Boise meridian, Ada County, Idaho, and a parcel of land situated in the northwest quarter of Section 3, Township 4 North, Range 1 East, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1 to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and Meridian City Council December 17, 2013 Page 49 of 54 providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Hoaglun: You have heard this ordinance read by title only. Is there anyone who would like to hear the ordinance read in full? Rountree: Mr. President? De Weerd: Councilman Rountree. Rountree: Move that we approve Ordinance 13-1587 with suspension of rules. Bird: Second. Hoaglun: I have a motion and a second to approve Item 10-B. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. C. Third 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) Hoaglun: Item 10-C is third reading of Ordinance No. 13-1582. Madam Clerk, would you read this by title only. Holman: City of Meridian Ordinance No. 13-1582, third reading. An ordinance repealing and replacing Tile 10, Chapter 1, Meridian City Code, adopting the 2012 International Building Code, 2009 International Residential Code, and the 2009 International Energy Conversation Code and local amendment thereto, adopting savings clause, validity, and penalty sections and providing an effective date. Hoaglun: Seeing no one who wants to hear this ordinance read in full -- Rountree: Mr. President? Hoaglun: Councilman Rountree. Rountree: I move that we approve Ordinance 13-1582 with suspension of rules. Bird: We don't have to suspend the rules. Meridian City Council December 17, 2013 Page 50 of 54 Rountree: Third reading. Zaremba: Complied with the rules. Hoaglun: And that was seconded by Councilman Bird? Bird: Yeah. Hoaglun: I have a motion and a second to approve Item 10-C. Madam Clerk, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. D. Third Reading of Ordinance No. 13-1583: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) Hoaglun: 10-D. Third of Ordinance No. 13-1583. Madam Clerk, by title only, please. Holman: Thank you. City of Meridian Ordinance No. 13-1583, third reading. An ordinance repealing and replacing Tile 10, Chapter 4, Meridian City Code, adopting the 2012 International Fire Code and local amendment thereto, and an effective date. Hoaglun: You have heard this read by title only and we have someone who, hopefully, doesn't want it read in full, but has a comment. Yorgason: Mr. President and Members of the Council, that is correct. I'm not asking for it to be read in full. However, we did discuss this item last week or two weeks ago and I just wanted to provide you a quick little follow up to the Council here. Holman: Excuse me. Could you just state your name and address for the record for the public testimony? Yorgason: My apologies. Holman: Thank you. Yorgason: My name is Dave Yorgason and at this moment I'm standing in front of you as the government affairs director for the Building Contractors Association of Southwest Idaho. My address is 14254 West Battenberg Drive in Boise, Idaho. I have provided some response to the city. I'm not sure if you have that in your packet or not, but we Meridian City Council December 17, 2013 Page 51 of 54 did some analysis in contacting all the surrounding cities, Ada County, as well as some of the other larger cities in the neighboring county, Nampa and Caldwell, both for this issue pertaining to secondary access, number of homes restriction there on one access, as well as the dual water source requirement, which we have had lots of discussion on tonight and I will not go into that any further, other than we thank you for suspending that rule and we hope that's suspended for some time. Secondly, with regard to the secondary access, we acknowledge that it is state code. We also acknowledge there are flexibilities in state code or how -- at least all codes and how they are implemented. In my discussions with virtually every fire marshal throughout this county neighboring county I have learned that there is variety in how this is implemented. So, we acknowledge the 30 homes will be a limit on the requirement for a secondary access to a subdivision, however, there are, in many instances, flexibilities, for example, it could be a nonbuild agreement until secondary access is provided. It could be -- and without going to the long list, we are just acknowledging and hope that the city, as well as the fire department, as we work with them, will -- will also acknowledge those same flexibilities that are accepted in other surrounding cities. Hoaglun: And I think, Dave, we had an example of that tonight on the 24 home development where they can use -- if future development drive aisle from the parking lot coming in type thing, so -- Yorgason Correct. Thank you. Hoaglun: Yeah. Yorgason: No other comments unless you have questions for me. Hoaglun: Any questions for Mr. Yorgason? Bird: I have none. Rountree: I have none. Yorgason: Thanks. Hoaglun: Appreciate it, Dave. Thank you. Yorgason: You're welcome. Thank you. Hoaglun: This is the third reading of Ordinance No. 13-1583. Council? Rountree: Mr. President? I move that we approve Ordinance 13-1583. Bird: Second. Rountree: And instruct and Council to remember that we are flexible. Meridian City Council December 17, 2013 Page 52 of 54 Bird: Second there. Hoaglun: We have a motion and a second to approve Item 10-D with flexibility. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. E. Third Reading of Ordinance No. 13-1584: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) Hoaglun: Item 10-E is the third reading of Ordinance No. 13-1584. Madam Clerk, would you, please, read this ordinance by title only. Holman: City of Meridian Ordinance No. 13-1584, third reading. An ordinance repealing and replacing Tile 10, Chapter 6, Meridian City Code, regarding flood damage prevention, Findings of Fact, purposes and objectives, definitions, general provisions, administration, provisions for flood hazard reduction and providing an effective date. Hoaglun: Thank you, Madam Clerk. Is there anybody wishing to hear this ordinance read in full? Seeing none. Rountree: Mr. President? Hoaglun: Council Member Rountree. Rountree: I move that we approve Ordinance 13-1584. Bird: Second. Hoaglun: I have a motion and a second to approve Item 10-E. Madam Clerk, would you, please, call the roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Hoaglun: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics Meridian City Council December 17, 2013 Page 53 of 54 Hoaglun: Item 11, Future Meeting Topics. I just Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: It's not really a topic, but since you will not be an official member of future meetings I wanted to thank you for your service. I have enjoyed serving with you, working with you, I have enjoyed your leadership as president these past two years and enjoyed your calm comments in all things and I can't say enough how much a pleasure it's been to work with you and I will miss you. Hope you will come back and visit every once in awhile. Hoaglun: Well, thank you, Councilman Zaremba. Now, I heard from our City Clerk tonight -- and I wanted to ask legal counsel, do I need to show up at the very first meeting -- Bird: You do Rountree: Mr. President, I'm just going to tell you I agree with everything Councilman Zaremba said. It's been a pleasure to have you on the Council and work with you, but you're not done. Hoaglun: I do have to show up one more time. Rountree: You have to show up one more time. Hoaglun: Okay. That was my question. Bird: Mr. President, I agree with them, but I will give the long speech when you get up and leave. Hoaglun: Great. Well, we got some great people coming on the Council, so that's the good thing. Rountree: Looking forward to it. Hoaglun: Appreciate it. All right. Motion to adjourn? Rountree: So moved. Bird: Second. Rountree: All those in favor say aye. Motion carries. Meridian City Council December 17, 2013 Page 54 of 54 MOTION CARRIED: ALL AYES. k~ ~ f •~~' ' ' 3 ... ~ U ti '3 •f'+ r ~; ~~r~ j { i ~. 1:~ ~ ~ I R 0 ~ ~1 ~ { ~au~. 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