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HomeMy WebLinkAbout2014-01-07 City Council Minutes~~E IDIAN:--- CITY COUNCIL REGULAR MEETING AGENDA ~~I~fiE~IDieD AGi~DA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 07, 2014 at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted (Pg 2-3) 5. Consent Agenda Approved (Pg 3-5) A. Approve Minutes of December 10, 2013 City Council Workshop Meeting B. Approve Minutes of December 17, 2013 City Council Meeting C. Acceptance Agreement: Display of Artwork of Tim Buckley in Initial Point Gallery from January 3 to January 31, 2014 D. Acceptance Agreement: Display of Artwork of Suzanne Chetwood in Initial Point Gallery from January 31 to February 28, 2014 E. Sewer Easement for Woodburn West Subdivision No 1 F. Meridian Food Bank CDBG PY13 Sub-Recipient Agreement G. Boys and Girls Club CDBG PY13 Sub-Recipient Agreement H. Power Easement with Idaho Power Company I. Water Main Easement from Mission Coast Properties J. Sewer and Water Easement for Cope Subdivision Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. K. Sewer and Water Main Easement for The Fields at Gramercy L. Approval of Award of Bid and Agreement to Star Construction for the Water Line Replacement - NE 5th Street Project for the Not-to-Exceed Amount of $77,005.00 M. Development Agreement for Approval: MDA 12-007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request to Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project N. Development Agreement for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of i- 84 and S. Ten Mile Road Request for Annexation and Zoning of 89.22 Acres of Land from the RUT Zoning District to the C-G (General Retail & Service Commercial) Zoning District O. Findings of Fact, Conclusions of Law for Approval: AZ 13-014 Victory South by City of Meridian Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road Request: Annexation of 310.20 Acres of Land from RUT, R1, R4 and R6 in Ada County to the R-4 (Medium Low-Density Residential) (221.94 Acres) and R-8 (Medium-Density Residential) (88.14 Acres) Zoning Districts P. Findings of Fact, Conclusions of Law for Approval: 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 Moved off of the Consent Agenda to Item 6D (Pg 10-11) Q. Findings of Fact, Conclusions of Law for Approval: 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 Moved off of the Consent Agenda to Item 6E (Pg 10-11) R. Findings of Fact, Conclusions of Law for Approval: 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 S. Findings of Fact, Conclusions of Law for Approval: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 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 T. Final Order for Approval: 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. U. Final Order for Approval: 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. V. Final Order: 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 W. Resolution No. 14-970: 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 X. License Agreement with Nampa Meridian Irrigation District for Crossing the Ridenbaugh Canal and Milk Lateral Y. Agreement for Purchase and Sale of Commercial Real Estate between the City of Meridian and Ten Mile Investments LLC for Approximately 8.39 Acres of Bare Land Located in the McNelis Subdivision 6. Old Business and Items Moved From the Consent Agenda A. Final Order for Approval: 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 5-7) B. 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; Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts Approved (Pg 7) 7. 8. C. Ordinance No. 14-1588: An Ordinance (AZ 12-005 TM Crossing) for Annexation of a Parcel of Land Being a Portion of the NW'/4 of the SW'/4 of Section 14, Township 3 North, Range 1 West; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to C-G (General Retail and Service Commercial) District; and Providing an Effective Date Approved (Pg 7-10) Community Items/Presentations A. Exit of Former City Council Member Brad Hoaglun (Pg 11-13) B. Swear in City Council Member for Seat Number 2: Joe Borton (Pg 13-14) C. Swear in City Council Member for Seat Number 4: Keith Bird (Pg 14) D. Swear in City Council Member for Seat Number 5: Genesis Milam (Pg 14- 15) E. Swear in City Council Member for Seat Number 6: Luke Cavener (Pg 15-16) New Council Seated Action Items A. FP 13-046 Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lots on Approximately 12.24 Acres in an R-8 Zoning District Approved (Pg 16-17) B. Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive Request: Preliminary Plat Approval Consisting of Thirty- Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District Continued to January 21, 2014 (Pg 17-18) C. Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Continued to January 21, 2014 (Pg 18) D. Public Hearing: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument #110111935) for the Purpose of Attaching a New Concept Plan and Building Elevations (Pg 18-22) 9. Department Reports A. City Council: Election of New City Council Officers and Department Liaison Appointments President -Charlie Rountree; Vice President -Keith Bird (Pg 22-25) B. Mayor's Office: Resolution No. 14-971: A Resolution Declaring aDrug- Free Idaho Approved (Pg 25-26) 10. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general Into Executive Session at 7:05 p.m. Out of Executive Session at 7:25 p.m. Adjourned at 7:25 p.m. (Pg 26-28) Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council January 7, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, January 7, 2014, 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, Bruce Chatterton, Bill Parsons, Sonya Watters, Tom Barry, Bruce Freckleton, Tracy Basterrechea, Jamie Leslie, Perry Palmer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I'm going to go ahead and get this meeting started. I will start by first thanking you all for being here and joining us today. We have old business to wrap up and that will happen before we swear in the new City Council members. So, again, welcome. For the record it is Tuesday, January 7th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as a moment for reflection. Thank you for joining us. Woodard: My pleasure. And it's your first Council meeting of the year and I'm sorry to see you step off, Charlie. De Weerd: No. It's Brad. Woodard: Oh, it's Brad. Meridian City Council January 7, 2014 Page 2 of 28 Rountree: That's okay with me. De Weerd: I would be sorry to see him step off at this point, too. Woodard: I thought it was Charlie. Rountree: You were hoping that, weren't you? Woodard: And I look forward to your state of the city address in early February and for the swearing in of the new councilmen and women tonight, so let's pray together. Our dear Heavenly Father, in a nation that seems to be very discouraged at this point in our nation's history we here in Meridian thank you for the positive feelings around our town. We ask you to bless the Mayor and the expanded City Council as they take up the oversight of this community. May they show wisdom and foresight in their decisions as Meridian continues to grow and expand. We thank you for the faith community and the roll it plays in Meridian. May our influence on young families and on our young people compliment the efforts of the Mayor and this Council. As I drive around and see construction occurring throughout this winter season I see your hand in the good fortune we are experiencing. Protect the workers in this cold weather. Protect the city employees who work to keep us safe. Protect and watch over our families and children and may our teachers prepare this next generation for the challenges that lie ahead. Lord, engulf us in a spirit of both pride and humility as we tackle the issues of 2014. Solid planning and execution are essential and this Council has a long record of doing just that. I pray especially tonight for Mayor Tammy. She is the face of our community and I pray for her health, along with those of the Council as they start tonight with the issues of 2014. Watch over them, protect them, and give them wisdom, in Jesus' name, amen. De Weerd: Thank you. What a wonderful way to kick off our new year. Thank you for joining us. Woodard: You bet. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Tonight's agenda we have a couple of changes to note. Under 5-P staff is requesting that we move this off Consent Agenda and move it to Item 6-D. Same with 5-Q. We will make that Item 6-E. So, those will move from the Consent Agenda. Item 5-W is Resolution No. 14-970. Item 6-C is Ordinance No. 15-1588. Under Action Items 8-B and C the applicant has requested a continuance to January 21 of 2014. Under 9 -- Meridian City Council January 7, 2014 Page 3 of 28 Item 9, Department Reports, 8-B is Resolution No. 14-971. And we need to add on an Item 10, which will be an Executive Session per Idaho State Code 67-2345(1)(a), which is -- item (a) is considering hiring a public officer, employee, staff member, an individual agent. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of December 10, 2013 City Council Workshop Meeting B. Approve Minutes of December 17, 2013 City Council Meeting C. Acceptance Agreement: Display of Artwork of Tim Buckley in Initial Point Gallery from January 3 to January 31, 2014 D. Acceptance Agreement: Display of Artwork of Suzanne Chetwood in Initial Point Gallery from January 31 to February 28, 2014 E. Sewer Easement for Woodburn West Subdivision No 1 F. Meridian Food Bank CDBG PY13Sub-Recipient Agreement G. Boys and Girls Club CDBG PY13 Sub-Recipient Agreement H. Power Easement with Idaho Power Company Water Main Easement from Mission Coast Properties J. Sewer and Water Easement for Cope Subdivision K. Sewer and Water Main Easement for The Fields at Gramercy L. Approval of Award of Bid and Agreement to Star Construction for the Water Line Replacement - NE 5th Street Project for the Not-to-Exceed Amount of $77,005.00 Meridian City Council January 7, 2014 Page 4 of 28 M. Development Agreement for Approval: MDA 12-007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request to Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project N. Development Agreement for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of i-84 and S. Ten Mile Road Request for Annexation and Zoning of 89.22 Acres of Land from the RUT Zoning District to the C-G (General Retail & Service Commercial) Zoning District O. Findings of Fact, Conclusions of Law for Approval: AZ 13-014 Victory South by City of Meridian Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road Request: Annexation of 310.20 Acres of Land from RUT, R1, R4 and R6 in Ada County to the R-4 (Medium Low-Density Residential) (221.94 Acres) and R-8 (Medium-Density Residential) (88.14 Acres) Zoning Districts R. Findings of Fact, Conclusions of Law for Approval: 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 S. Findings of Fact, Conclusions of Law for Approval: 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 T. Final Order for Approval: 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. U. Final Order for Approval: 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. Meridian City Council January 7, 2014 Page 5 of 28 V. Final Order: 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 W. Resolution No. 14-970: 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 X. License Agreement with Nampa Meridian Irrigation District for Crossing the Ridenbaugh Canal and Milk Lateral Y. Agreement for Purchase and Sale of Commercial Real Estate between the City of Meridian and Ten Mile Investments LLC for Approximately 8.39 Acres of Bare Land Located in the McNelis Subdivision De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We have removed Items 5-P and O, so those are no longer on the Consent Agenda and Item 5-W is Resolution No. 14-970. So, with that I move approval of the Consent Agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion by Council, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Old Business and Items Moved From the Consent Agenda Meridian City Council January 7, 2014 Page 6 of 28 A. Final Order for Approval: 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: Under Old Business and items moved from the Consent Agenda, we will move to Item 6-A and ask for comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The order for Southern Highlands was requested by the applicant to have a couple changes to it at kind of the last minute today, so that's the reason for the request for movement off of the Consent Agenda. They asked for conditions of approval 1.1.1 J, they wanted to revise the lot numbers to Lots 5 through 13 to reflect the lots -- let me just back up just a second here and -- so, 1.1.1 J is the requirement for the height of the structure that's located on Lots 5 through 13, Block 3, to be limited to a maximum height of 30 feet measured from ground level to the highest peak of the roof. Lots 14 through 19 were the lots that were directly below the new lots that the applicant is developing in -- adjacent to Black Rock Subdivision. So, that was just a tweak per the Council's decision on that. And, then, also 1.1.1 A, they wanted to clarify that the easement requirement is with the development of that large mega lot on the east side of the property. So, I did clarify that. So, those are the only two changes. Nothing that Council didn't already approve. We just kind of tweaked the wording a little bit. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the amendments and changes identified by staff for Item 6-A. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 7, 2014 Page 7 of 28 MOTION CARRIED: ALL AYES. B. 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: Item 6-B is ZOA 13-003. I will ask for staff comments at this time. Chatterton: Madam Mayor and Council Members, you have looked at these and reviewed and made tweaks to these UDC amendments over the last several meetings, so, really, we would be just asking at this point for your approval so we can go ahead and print a clean copy and start using these new tools. That's all staff really has to say. De Weerd: Council, any questions for staff? Rountree: I have none. De Weerd: Okay. Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ZOA 13-003 and include staff comments. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 6-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Ordinance No. 14-1588: An Ordinance (AZ 12-005 TM Crossing) for Annexation of a Parcel of Land Being a Portion of the NW Meridian City Council January 7, 2014 Page 8 of 28 '/a of the SW'/a of Section 14, Township 3 North, Range 1 West; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to C-G (General Retail and Service Commercial) District; and Providing an Effective Date De Weerd: Item 6-C is Ordinance 14-1588. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1588, an ordinance AZ 12-005, PM Crossing for annexation of a parcel of land being a portion of the northwest one quarter of the southwest one quarter of Section 14, Township 3 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 C-G, General Retail and Service Commercial District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, Madam Clerk. Is there anyone in our audience who would like to hear this riveting ordinance read in its complete entirety? Wow, no one is stepping forward. Staff did have -- did staff have comments? Watters: Madam Mayor, I apologize. I misspoke a moment ago. I -- I was under the assumption that the Consent Agenda item for Southern Highlands for the order of approval -- that's what I was speaking to. I was told that it would be moved to the regular agenda. De Weerd: It will. Watters: Okay. De Weerd: It follows this. Watters: So, I apologize. That's what I was speaking and I realized just now that Bainbridge was actually the item that I should have been speaking to. Bruce will address the changes that the applicant has requested on that. So, I will just step aside and -- Bird: Wait a minute. We need to do this -- De Weerd: Well, right now we are under an ordinance and -- and, really, you were speaking to ZOA? Meridian City Council January 7, 2014 Page 9 of 28 Watters: No. I was speaking to the Consent Agenda item -- De Weerd: Okay. Watters: -- the order for Southern Highlands, but I -- it actually was the Bainbridge -- De Weerd: Which has already been moved on. So, that will be interesting. It's a different discussion. We will get back to that in a moment. So, Council, we are on Item 6-C and I would ask for your direction on this ordinance. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1588 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 6-C. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. So, is there an issue with Item 6-A that needs to be discussed that is outside of what we have already passed? Watters: Yes. Bruce will speak to that. Freckleton: Madam Mayor, Members of the Council, you should received in your packets a copy of a memorandum from Sonya and I dated January 6. That followed a memo from Brighton Corporation dated January 2nd that you should have in your packets as well. This item was taken off the Consent Agenda, as normal protocol would have been to have it on Consent Agenda, since it's just acting on the order. Probably because there was a request in Brighton's letter to consider some changes to the order that was approved for phase one of Bainbridge. The -- Bainbridge One, as you recall, had a requirement or a restriction in it to restrict the number of lots to 24, because of the water situation, which was a policy that we subsequently suspended the policy which phase two of Bainbridge and so, in summary, the Brighton request was that with your consideration of the order for number two they wanted to also go back and modify the order for phase one to remove that restriction for the 24 lots. We have discussed the proposal with the Public Works Department and with Legal and everybody is in agreement and with your direction tonight we can simply go back and modify the order Meridian City Council January 7, 2014 Page 10 of 28 for phase one accordingly and bring it back to you at a later meeting. So, that's kind of where we are at with that. De Weerd: Thank you. That was a great update and so our new Council can vote on that when you bring it back with the modification. Okay. Congratulations to the new Council. P. Findings of Fact, Conclusions of Law for Approval: 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 Moved off of the Consent Agenda to Item 6D Q. Findings of Fact, Conclusions of Law for Approval: 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 Moved off of the Consent Agenda to Item 6E De Weerd: Okay. We did move two items off the Consent Agenda to add to the agenda as 6-D and E. At this point we will consider those two items with staff comments. So, was that what you were referring to, other than -- than Q? The Findings of Fact for AZ 13-016, Southern Highlands Subdivision? Watters: Yes. That's what I was referring to earlier. De Weerd: Okay. Watters: The applicant had requested a couple of changes to the conditions, but they were consistent with what Council approved. De Weerd: Okay. So, Council, I would ask for your direction on these two items, Items 6-D and E, which were removed from the Consent Agenda as 5-P and O. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 13-016 and include staff comments. Rountree: Second. Meridian City Council January 7, 2014 Page 11 of 28 De Weerd: I have a motion and a second to approve these two items. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Well, I do appreciate, staff, that you kind of threw that in there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 13-033 and include staff comments also. Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: That was his last try and not all ayes, but everyone voted for that. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Exit of Former City Council Member Brad Hoaglun De Weerd: I was saying that I do appreciate staff did that, because I was really emotional going into this meeting. It's certainly been a great honor to work with Brad Hoaglun. He has been a great public servant for our community. He's brought a voice of reason. He's brought great analytical perspective to everything he has done and he will be missed. Certainly we are -- we are excited for the new faces that will assume their seats in a moment, but it has truly been an honor to serve with Mr. Hoaglun and I do have a couple of things to present to him and usually I do that down at the podium, but I think I will just do it up here. I do have a plaque and I would like to read that. This is presented in appreciation for your contribution and service to the City of Meridian as City Councilman from September 2008 through December 2013. The City of Meridian greatly appreciates your dedication and commitment to serve the city and community. I almost thought I would get through it. And we do thank you for your leadership and involvement in this community and it is signed January 7th, 2014. I present this to you, Brad, with our sincere congratulations and appreciation. Meridian City Council January 7, 2014 Page 12 of 28 Hoaglun: Well, since I'm Council president and I'm still here, I guess I get to say a few words, so -- I think I got some advice. They say, well, you can end it when you want to end it, so, you know -- and, then, I told them I will get a look from my wife and it will be over just like that, so -- I really have appreciated my time here for the city. I have enjoyed working with all of you up here and it's -- that's the problem with sitting next to the Mayor for so long, you kind of pick up some traits, you know. It's been a great journey and serving with people who really care about this community, who give it their all, and do it in a way that -- you know, we didn't agree on every vote or how we should do things, but we did it in a way that we respected each other's opinion and moved on and that's the way government should work and I truly, truly respect everyone up here and appreciated that so much and there are lots of tough decisions you have to make here. I wish the incoming folks well. You will enjoy it, but it also will leave you some nights you're just -- your head will be spinning thinking about some things and trying to figure things out and -- but the passion that people have for this community, it starts up here and the Mayor has the greatest passion in the world and that's just wonderful to be in a community where -- where you serve the citizens with people who have that love for their community. To the staff I want to say thank you very much. You guys do great work and I know it's not always appreciated in terms of thank yous or recognition, because what you do is oftentimes so much behind the scenes, but it really is, it makes this community so great and from top to bottom people really give it their best in serving this community. So, anyway, I know the new Council members will do a great job. I'm excited for them. Voters choice wisely and I look forward to it and one of these days I'm sure I will be back and I will have something to complain about and I will be out there and just, you know, complaining, you know. So, anyway, thank you once again very very much. So -- and I guess I'm here until Joe gets sworn in, so I'm not gone yet. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Everything you said and the comments that Brad made resonate with me, but, in particular, the idea that we don't always agree on everything and that there is a great amount of civility amongst us as we move forward and make decisions. The other word that he said was respect and I have grown to an extreme respect for Brad and his analytical ability and his skills to see through sometimes come complex issues and come up with some solutions that have made some significant changes in the way people have perceived I think the city in some meetings and I really do appreciate that. I appreciate the opportunity to say he is a friend. I hate to see him go. He has been a tremendous tremendous asset to the city and to this Council and not that the new folks won't be and hope I gain the same respect and the opportunity to say nice things about them. But, Brad, good luck and I think your wife is calling and don't be a stranger. We have got some things that we are working on that we'd still like to bend your ear on and there is some outstanding issues that I'm sure you're going to want to know what the resolutions are at some point in time in the future. So, again, best wishes. Meridian City Council January 7, 2014 Page 13 of 28 Hoaglun: Thank you. De Weerd: And when you're ready to be volun-told let me know. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I can't add much more than what has been said already, other than the fact that I have had the privilege of knowing Brad a heck of a lot longer than these people up here. I got to know him when he was about a nine year old young man that was as classy then as he is now and what him and Chandos has done for this community is just unreal and I know they will continue to and, Brad, we wish you the best and I know you will do the best. You have all your life and thank you very much for being a friend. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I can't add much to the facts, but I will have to admit that at our last meeting in December I expressed some appreciation for working with Brad and I must apologize, I was not trying to get you off early, I didn't realize I would have one more meeting with you. I'm thrilled that I have one more meeting with you, but I can't add too much to what everybody else has said. He's been a wonderful partner up here and I guess the -- the point that I would make is that I have absolutely enjoyed serving with him and, yes, I will miss him on that respect and I do hope he sticks around and contributes. But he's been a wonderful person to work with and I have thoroughly enjoyed it. So, we will miss you. B. Swear in City Council Member for Seat Number 2: Joe Borton De Weerd: Okay. Item 7-B is the swearing in of City Council member for the Seat No. 2, Joe Borton. Joe, if you will join our Madam Clerk up at the podium. Joe, would you like your family to join you? Borton: That would be great. Sharon and my boys and my parents. Maybe my parents. Come on, mom. So, let me introduce my wife Sharon and my two boys Jack and Michael and, then, not coming to the podium is my embarrassed mother Kristine sitting next to my dad Jim -- De Weerd: Who is never embarrassed. Borton: Who is never embarrassed. So, I'm glad they are here today. I think we are ready to go. Holman: Okay. If you will raise your right hand. I, Joe Borton, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Meridian City Council January 7, 2014 Page 14 of 28 Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Borton.) De Weerd: Councilman Borton, if you will come up and take your seat. We will get through the swearing in before they are sworn at, but -- and, then, I will ask the candidates -- or our new Council members if they have anything to say. They are politicians, so I assume they will. C. Swear in City Council Member for Seat Number 4: Keith Bird De Weerd: Item 7-C is the swearing in of City Council Member for Seat No. 4, Mr. Keith Bird. And, Keith, if you would like your family to come forward. There was no do you want to come forward -- you're coming forward. Bird: After all these years I guess they should. This is my wife Marge, my grandson Zach, my step-daughter-in-law Michelle and my granddaughter Alexa and my son Roger. De Weerd: Oh, my gosh, what happened to your family? They grew up. Holman: If you will raise your right hand. I, Keith Bird, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Bird.) D. Swear in City Council Member for Seat Number 5: Genesis Milam De Weerd: Okay. Item 7 -- now we get to the historic part, right? The voters last May voted to add two additional seats to our City Council, moving our seats from four to six. So, this is a historical point -- time in our community's life by adding these two additional representatives to serve on behalf of our citizens. So, at this point I would ask that Genesis Milam come forward for the swearing in of City Council Member for Seat No. 5. And, Genesis, do you have your family that want to come forward? Milam: My son is sleeping. Honey, do you want to come up? No. All right. My husband Dean is back there with my son Christian. He's five and he's fast asleep. This is my daughter Amy. De Weerd: Okay. Meridian City Council January 7, 2014 Page 15 of 28 Holman: Raise your right hand. I, Genesis Milam, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Milam.) De Weerd: I will have to say it's nice having a female up here. E. Swear in City Council Member for Seat Number 6: Luke Cavener De Weerd: Okay. Item 7-E, the swearing in of City Council member for Seat No. 6, Luke Cavener. Cavener: So, I have my wife Adrianne, my son Gunner, my Father Allen, my mom Jolynn, and, then, also here in the audience I have my mother and father-in-law Dave and Barbara Harper from Idaho Falls. Holman: Okay. If you will raise your right hand. I, Luke Cavener, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Cavener} De Weerd: Okay. I would ask our new members if you would like to make comments at this time. Councilman Borton. Borton: Madam Mayor, thank you, and thank you to the Council and staff and for everyone being here. We really really appreciate the warm welcome and I thank you for -- my family in particular for all coming out and being here. My sister-in-law, my nephews are here, Ijust -- I really appreciate it. My partner Todd and Victor are here. I'm extremely excited about serving and one of the things that -- that reminded me of the right way to serve is hearing about everyone speak about Brad Hoaglun's service. Most of you all know him. He exemplifies the best way and the right way to serve the city. It's an honor to follow his footsteps. I hope to fill his shoes. He's done a fantastic job. So, I just appreciate the chance to now begin service to the City of Meridian and working with everyone up here on Council and the staff. So, thank you. De Weerd: Well, Councilman Borton, we would like to welcome you back. Borton: Thank you very much. Meridian City Council January 7, 2014 Page 16 of 28 De Weerd: Councilman Bird. Bird: I just want to thank everybody for coming out, especially my family and we have been down the road a few times on this, we have, and I have enjoyed it. I have had the privilege of serving with some very very good people, having some very very good employees and seeing this many people out is just thrilling to me for a swearing in ceremony and I thank you and I hope that we have another good four years. Thank you. De Weerd: Council Member Milam. Milam: Well, I just want to say thank you to everyone for coming. That's all I wanted to say. No. Just kidding. But, seriously, this is -- looking out here and seeing a full room is -- is really special. If you have come to any City Council meetings there is usually not quite this many people in here. So, it's pretty wonderful. And thank you to my friends and my family who helped me with the campaigning and door knocking and calling and writing, tireless hours that were put into helping me get to this position where I'm able to serve the community that I love. De Weerd: Thank you. Councilman Cavener. Cavener: It's very difficult to follow three amazing people, but I have just a couple just quick things that I'd like to say. Like the other Council people up here, a huge thanks to friends and family for all of their support, both during the campaign and in -- in this kind of lay time. Second, I just want to say that I am -- I am humbled and honored that the city, this community of Meridian, said this is the team that we want representing us and it's an honor to serve along side these five other people. It's a tremendous honor to follow someone like Brad Hoaglun, who has left an amazing legacy in our community and I hope that probably like all five of us, that we hope to follow in his footsteps and continue to lead and be great representatives of our community. And thanks to all the youth who came out tonight. I hope you get extra credit for being here. Item 8: Action Items A. FP 13-046 Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lots on Approximately 12.24 Acres in an R-8 Zoning District De Weerd: Okay. With that we will go right into our agenda. Under Action Items, 8-A, FP 13-046. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council, and new members. Welcome to the team. The first item on the agenda is the Spurwing Rim Subdivision. In Meridian City Council January 7, 2014 Page 17 of 28 the interest of time this evening I won't go into the full details of the final plat, but I simply want to state that the submitted final plat does comply with the submitted preliminary plat and with all the conditions that are in effect and I also received written testimony from the applicant and they are also in agreement with all the conditions in the staff report. Unfortunately, she could not be here this evening, she had another commitment, but she did want me to go on record and state that there are no issues before you this evening and she's just asking for your approval. So, with that I would stand for any questions Mayor or Council may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none, Mayor. De Weerd: I would ask for a motion then. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 13-045 and include all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Zaremba: You know, I never have figured out why you call people in the order you do, but aye. I'm always amazed when my name comes up. Holman: Councilman Zaremba, I always call the person who made the motion and the person who seconded first and second and, then, everybody else after that. De Weerd: Don't explain it to him. The whole idea is to keep you guessing. MOTION CARRIED: ALL AYES. B. Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive Request: Preliminary Plat Approval Consisting of Thirty-Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District Meridian City Council January 7, 2014 Page 18 of 28 C. Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision De Weerd: Okay. Items 8-B and C are public hearings on PP 13-034 and MDA 13-020. I will open these two public hearings with staff comments. Parsons: Madam Mayor, Members -- De Weerd: Oh. Well, I opened them and now I would like a motion to continue them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue PP 13-034 and MDA 13-020 to January 21st, 2014. Zaremba: Second. De Weerd: I have a motion and a second to continue Items B and C to January 21st, 2014. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument #110111935) for the Purpose of Attaching a New Concept Plan and Building Elevations De Weerd: Okay. Item 8-D is a public hearing on MDA 13-023. I will open this public hearing and ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The last item on the Action Items agenda is the Connections Credit Union at Ten Mile. It's a development agreement modification. The property currently located on the southwest -- or, excuse me, southeast corner of Pine Avenue and North Ten Mile Road. It's currently zoned C-C within the city and consists for 2.24 acres of land. In 2003 this property was before the city and received approval for a mixed use development, which consisted of a multi- family component and some commercial lots. Since that time a new owner and developer came forward in 2010 and rezoned the property and developed the southern portion of the site with the Fast Eddy's gas station that you see in the aerial here on the Meridian City Council January 7, 2014 Page 19 of 28 right. At the time that the rezone came forward there were no development plans proposed for that northern portion of the site. So, as a recommended provision of the DA staff had asked Council to, basically, put a clause in the DA that requires a new concept plan once development is proposed for that northern half and that's what we are here to discuss tonight with you is to show you the revised concept plan and, then, also go one step further and tie the site to some familiar elevations as well. So, again, as a side note I want to just make it clear on the record that those proposed changes to the DA before you this evening do not affect the southern portion of the site. So, Steven Eddy received his own development approvals and those remain in effect as we move forward through the DA -- development agreement modification this evening. So, what the applicant is proposing this evening is two pad sites north of the Steve Eddy site. On the left-hand side will be a bank with adrive-thru facility. On this mini concept plan it was identified that the building square footages for the bank itself would be between 4,000 and 4,500 square feet, with the ancillary drive-thru use and, then, to the east of that is a -- basically aspeculative -- a retail pad site. A future pad site. There is nothing planned for that portion of the site at this time. It also depicts adrive-thru -- drive-thru establishment. Square footages for that building range between 4,000 and 4,800 square feet. On the submitted concept plan it is also noted that if a drive-thru use does not go on this property that that building footprint could expand up to 6,800 square feet. So, the applicant would like to have some flexibility as far as future design of this site. I would also mention to you that development of this site cannot move forward until a DA -- a development agreement modification is through Council and the drive-thru use are not approved as submitted on this concept plan. Next week the CUP application is going before the Planning and Zoning Commission for the -- to establish the conditional use permit or the drive-thru use on the property. So, here is the sample elevation that is presented to you this evening. Staff has reviewed these elevations. They are consistent with the design standards in the UDC. We are looking at a mix of brick, stone, glass, and, then, also metal accents as canopies. There are variations in roof forms. It is staff's opinion, again, that this does comply with the UDC moving forward. One thing that I would like to mention is when this -- when the site was rezoned in 2010 it was the city's anticipation that the northern portion of the site would mimic the design characteristics of the southern and so what we are trying to do as far as what we are proposing this evening is the applicant is showing how the two pad sites could interact with the Steve Eddy site and also that these elevations do support what Steve Eddy did on the southern portion as far as the high quality standard and design that was approved and constructed on that site as well. So, here are the three modifications that staff is proposing for you this evening with the DA modification. At the time that the DA came before you with the rezone we basically had a boilerplate condition in there that stated future development on the site would comply with our design standards in the design manual. Now that we know a bank and a potential retail pad site is proposed we just added that language to just tighten up what's to happen on the northern portion of the site. DA provision number seven currently says come back and get approval of the concept plan. Well, we are here tonight doing that, so we are going to strike that language and insert this language, which basically says that they will comply with the site plan or concept plan that's presented to you this evening and also the sample elevations. In moving forward for the retail pad sites, the applicant would still like to Meridian City Council January 7, 2014 Page 20 of 28 have further flexibility, as there are no plans at this time for an end user for that parcel or pad site at this time. And, then, to make it clear on the record that future -- because the concept plan shows future drive-thru uses we wanted to make it clear that that use is not currently approved for the site just because it's depicted on the site plan. So, to insure that moving forward staff is recommending that we add a provision that states any future drive-thru use on the site would have to comply with the UDC standards as well. Staff has not received any additional testimony on this application. We are recommending approval of a DA modification before you evening with the submitted concept plan and those elevations and at this time I'd stand for any questions you may have. De Weerd: Thank you, Bill. Any questions from Council? Rountree: Madam Mayor? De Weerd: Councilman Rountree. Rountree: Bill, can you go back to your first slide. On the southeast corner of -- of the -- that one. Is that a defined lot by the plat? It appears to be parking for Fast Eddy's. I just -- is that covered by the DA for them? Is there is a possibility of that being carved out and put there? Parsons: Madam Mayor, Members of the Council, in 2010 the city did approve a property boundary adjustment that configured that as a parcel with this subdivision. So, in fact, currently it is -- it is developed as the cross-access drive for the proposed development. If the concept plan is approved by you tonight it -- it would only develop with two pad sites, it wouldn't be allowed to do anything else, unless they came back and amended the development agreement. Rountree: So, that would continue to provide the cross-access? Parsons: Yes. Rountree: Okay. Parsons: That's correct. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Similar question I think probably. Currently on site there is a vinyl fence that separates the developed path and the undeveloped path and I don't remember whether Meridian City Council January 7, 2014 Page 21 of 28 that was a required fence or not. Do we need to say anything that either removes that requirement or authorizes them to remove the fence? Parsons: Madam Mayor, Members of the Council, Mr. Eddy does not own the property north of him, so he was able to attain permission from the current owner to erect that fence and, no, it's not a required fence, Steve Eddy just wanted to have something to delineate something along the drive aisle to separate the vacant lot from his commercial development to the south. Zaremba: So, the owner is comfortable removing that fence with Mr. Eddy's agreement I'm sure? Parsons: To my knowledge that is correct. Zaremba Okay. Thank you. De Weerd: Okay. Any other questions? Any other questions from Council? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? If you will, please, state your name and address for the record. Slichter: My name is Chad Slichter. Slichter Architects. 6611 Ustick, Boise, Idaho. De Weerd: Thank you. Slichter: And, Madam Mayor and Council, we have been working with Bill on this. The vinyl fence isn't a big deal. Steve put that up because apparently kids were screwing around doing cookies out in the mud, so -- and, then, driving through his property. So, he's going to actually take that back, I believe, when the time comes and, yeah, we are in agreement with staff's report, so if there is any other questions I can definitely answer. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Slichter: Thank you. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none -- Bird: Madam Mayor? Meridian City Council January 7, 2014 Page 22 of 28 De Weerd: Mr. Bird. Bird: I would move we close the public hearing on MDA 13-023. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-023 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. Is there any discussion from Council? Seeing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. City Council: Election of New City Council Officers and Department Liaison Appointments De Weerd: Under 9-A is a City Council item. I will turn this over -- I will turn this over to me. Rountree: It would be your item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we nominate Charlie Rountree for president. Meridian City Council January 7, 2014 Page 23 of 28 Zaremba: Second. De Weerd: I have a motion and a second to nominate Charlie Rountree. Do you accept that nomination? Rountree: I do. De Weerd: Any other nominations for City Council president? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Move we close the nominations for president. Bird: Second. De Weerd: Okay. The nominations have been closed. All those in favor say aye. All ayes. Motion carried. So, beings how there is no other nominees, I think you got it and I will turn this now over to you. Rountree: Thank you, Madam Mayor. Zaremba: Mr. President? Rountree: Mr. -- Zaremba: I would like to nominate Keith Bird for vice-president. Rountree: Keith Bird has been nominated for vice-president and second by -- Borton: Second. Rountree: -- Councilman Borton. Do you accept that, Mr. Bird? Bird: I do. Rountree: Thank you. Any other nominations? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we close the nominations for vice-president. Rountree: Nominations are closed. Meridian City Council January 7, 2014 Page 24 of 28 Borton: Second. Rountree: And seconded with that. All those in favor of the motion to elect Councilman Bird as vice-president signify by aye. Those opposed? Hearing none, congratulations. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I have a few things here to do. As you have all seen throughout the past few weeks we have been in correspondence with assignments for particular liaison positions within the city and committee assignments. I will reflect that one of the reasons given for adding to the Council was the additional workload that city size and activity has created, but in my opinion it was probably more just to get more representation on the Council to reflect our community. But having said that, committee assignments -- Councilman Zaremba, you will be the liaison with Community Development for the next year. Councilman Borton, will be liaison with Finance and Public Works Department. Congratulations. That's a big job. I will be the liaison with the Mayor's office. De Weerd: That's a big job. Rountree: And that's a bigger job. Bird: That's a bigger job. Rountree: Councilman Bird, you will be liaison with the Legal Department and the Police. Councilman Milam liaison with Fire and Human Resources. I wasn't going to make you and Joe do Public Works together, so -- that was an error. And Councilman Cavener Information Systems and Public -- or, excuse me, Parks and Recreation. Those are the liaisons with the departments. As far as committee assignments, Councilman Bird is already a member of MDC. He is the alternate for COMPASS and alternate for the Ada CC and emergency. Councilman Zaremba is VRT representative --one of the VRT representatives for the City of Meridian and I will have to point out that he is going to be the chairman of the board effective their next meeting or effect right away? Zaremba: The board meeting on January 7th -- 17th, I believe, is when I should be elected to that position. I appreciate your thought there. Rountree: And he is also the director of the Air Quality Board and an ex-officio member of the Transportation Committee. Commissioner Borton is going to be an ex-officio with the Historical Commission and any others that he might like. Given the list that I have provided everybody there are some spots that are open. Councilman Milam ex-officio for Arts. Councilman Cavener ex-officio for Parks and Recreation. That comes with the liaison assignment. There is a spot on VRT's board if someone is interested. I would be willing to step off. That is a board member. It constitutes maybe three meetings a Meridian City Council January 7, 2014 Page 25 of 28 year, until you decide you want to be on their executive board and, then, they meet monthly. So, if you're interested. There also needs to be a liaison for that spot. We need some interest in the Solid Waste Advisory Committee to be an ex-officio member and can't recall the other two that I had on the list, but if you would look at those and let me know. Oh, the Allumbaugh House. Yes. Keith Bird is going to be the alternate for Allumbaugh House. I am currently on the VRT. I am going to be the COMPASS board chair. I'm on the Air Quality Board and currently the Solid Waste Advisory Committee ex-officio member. If somebody's interested it's a good group. It's interesting work in spite of what you might think. It's a very good learning experience about what goes on in the city. With that, Madam Mayor, I am done with the assignments for the year. I wish you all well. I have told you all that if there are issues that you have I'm available, as well as the Mayor. Anytime you want to discuss something about a department or with a department, I am here to help. So, welcome aboard. You have had your feet just a bit damp this evening. They will get wet as the months and days go on. So, welcome aboard and I'm really really and truly excited about our Council this next -- at least two years for me and maybe be four or five or six. Who knows. But, anyway, again, welcome. Madam Mayor, it's yours. B. Mayor's Office: Resolution No. 14-971: A Resolution Declaring aDrug-Free Idaho De Weerd: Thank you, Mr. President. We are at 9-B. For our new Council members, this Resolution 14-971 is a resolution declaring a drug free Idaho. This is a resolution being considered by communities throughout the state and it's joining forces to really look at the substance abuse issues in our communities on a statewide basis. This is a resolution that we have had signatures from -- throughout the state and as the Association of Idaho Cities president and just now past chair of the drug task force, we are asking that you consider this resolution and I will ask Madam Clerk to, please, read it in its entirety. Holman: Thank you, Madam Mayor. City of Meridian Resolution No. 14-971, a resolution declaring a drug free Idaho and providing an effective date. Whereas, Meridian is our home -the place where we live and work and raise our families; and our community is not immune to the blight of drug abuse that affects our entire nation; whereas experiencing the cost of substance abuse and addiction and it's destruction of families, impacts to students, and educators, loss of productivity in the workplace, escalation in the number of impaired drivers on Idaho roads and other threats to public health, safety and welfare and whereas prevention education works to reverse the trend of increasing drug use resulting in part from drug legalization efforts nationwide and whereas winning the fight against drug abuse is possible if individuals in our community step forward to serve as role models and leaders and to help our children walk drug free through adrug-filled world, now, therefore, be it resolved by the Mayor and City Council of the City of Meridian, Idaho: Section One. That the City of Meridian joins the Association of Idaho Cities in its campaign to end complacency, ignorance, and helplessness in the face of drug abuse in Meridian and in Idaho. Section Two. That the City of Meridian will work toward making Meridian an Idaho drug free by effectuating Meridian City Council January 7, 2014 Page 26 of 28 responsible local policies and by encouraging and supporting responsible state and national policies. Section Three. That the City of Meridian will engage with community partners, coalitions and organizations to implement strong and effective prevention strategies in our local and greater community. Section Four. That this resolution shall be in full force and effect immediately upon its adoption and approval. De Weerd: Thank you, Madam Clerk. And I will also let you know that the Mayor's Anti- Drug Coalition has very strong prevention programs in the city and I would like to thank the Police Department for the leadership they have taken in that regard. We are a strong coalition of a large number of community volunteers and stakeholders that take prevention, treatment, and enforcement very serious, because this does affect the fabric of our families and our businesses, so it's very important. I think -- I would like to thank Emily Kane for helping craft this, as well as Robert Simison in my office. I think Robert's very excited that I am no longer chair of the drug task force for the state. I don't think that the presidency of the Association of Idaho Cities is going to be any less work, but do appreciate all of the efforts that you have had in that regard. So, Council, in front of you is Resolution 14-971. I ask for your affirmative passing of this resolution. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve Resolution No. 14-971. Zaremba: Second. De Weerd: I have a motion and a second. Any discussions? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general De Weerd: We are at a point where we will adjourn into Executive Session and I won't guarantee it, but I will tell you it's supposed to be a short discussion. So, having been Meridian City Council January 7, 2014 Page 27 of 28 with this new Council for just a few minutes I can't guarantee it. But, Council, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1)(a). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:05 p.m. to 7:25 p.m.) De Weerd: -- a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Anymore business in front of this Council? If not, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. 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