Loading...
2014-07-22E IDIAN-^-- CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 22, 2014 at 6:00 PM 6:05 PM Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Jake Lopez with Calvary Chapel Not present 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved (Pg 2-4) A. Approve Minutes of July 15, 2014 City Council Meeting B. FP 14-033 Biltmore Estates Subdivision No. 1 by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Six (6) Common / Other Lots on 10.92 Acres of Land in the R-4 Zoning District C. FP 14-032 Reflection Ridge Subdivision No. 3 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road D. Continued from July 15, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District E. Final Order for Approval: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District Meridian City Council Meeting Agenda — Tuesday, July 22, 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. F. Quitclaim Deed from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange G. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Leonard Huskey Estate H. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Tumble Creek Homeowner's Association I. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Bridgetower Homeowners Association J. First Amendment to the St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian K. Temporary License Agreement with Ada County Highway District for Installation, Maintenance, Repair and Replacement of Parcel 163 Artwork - UNDER THE SUN AND DREAMING L. Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Item removed from the Consent Agenda and moved to Item 6 M. Approval of Change Order No. 2 to Task Order 10432 for "Ustick Road Utility Improvements" to Civil Survey Consultants, Inc. for the Not -to - Exceed Amount of $22,648.10 N. License Agreement with COMPASS for Installation of Redundant Equipment at Meridian City Hall O. Resolution No. # 14-999: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent Records Of The Meridian Public Works Department; And Providing An Effective Date. P. Approval Of Award Of Bid And Agreement To Pipeline Inspection Services, Inc For The "Sewer Manhole Retrofit And Line Repair 2014 " Project For A Not -To -Exceed Amount of $87,650.00. Q. Award of Bid and Approval of Agreement for the "Meridian Heights Water Meter Project" Vacated from the agenda Meridian City Council Meeting Agenda — Tuesday, July 22, 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. R. Amended onto the Agenda: Approval of Professional Services Agreement for Instructor Services for Self -Defense Classes with Alexandra Breshears at No Cost to the City S. Amended onto the Agenda: Approval of Professional Services Agreement for Musical Talent for Concerts on Broadway with High Street Entertainment for the Not -to -Exceed Amount of $3,500.00 6. Items Moved From Consent Agenda (Pg 68-69) Item 5L moved here: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Item discussed and moved to the end of the agenda as Item 11 by motion 7. Action Items A. Community Development Block Grant (CDBG) PY2014 Action Plan Public Hearing (Pg 5-8) B. Resolution No. # 14-1000: Resolution to Approve the Community Development Block Grant (CDBG) PY2014 Action Plan Approved (Pg 8) C. Public Hearing: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District Approved (Pg 8-12) D. Public Hearing: PP 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Lot on 4.93 Acres of Land in a Proposed R-8 Zoning District Approved (Pg 8- E. Public Hearing: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District Approved (Pg 12-19) F. Public Hearing: PP 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Lots and Five (5) Common/Other Lots on 6.58 Acres of Land in the R-8 Zoning District Approved (Pg 12-19) G. FP 14-031 Heritage Grove by Green Village Development Located NWC of N. Locust Grove Road and E. Ustick Road Request: Final Plat Approval Consisting of Thirty -Three (33) Single Family Residential Lots and Ten (10) Common Lots on Approximately 6.81 Acres in the R-15 Zoning District Approved (Pg 19-20) Meridian City Council Meeting Agenda — Tuesday, July 22, 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. H. Public Hearing: RZ 14-004 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Request: Rezone of 5.44 Acres of Land from the R-4 (Medium Low -Density Residential District) Zoning District to the C -C Zoning (Community Business District) Zoning District Approved (Pg 20-38) Public Hearing: CUP 14-007 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Drive Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of Thirteen (13) Buildings on Approximately 4.8 Acres of Land in a Proposed C -C Zoning District Approved (Pg 20-38) J. Public Hearing: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High -Density Residential) Zoning District Continued to August 19, 2014 (Pg 38-52) K. Public Hearing: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District Continued to August 19, 2014 (Pg 38-52) L. Public Hearing: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi -Family Development Consisting of Sixty - Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Continued to August 19, 2014 (Pg 38-52) M. Public Hearing: PP 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Preliminary Plat Approval of Twenty (20) Buildable Lots and Three (3) Common Lots on Approxmately 4.28 Acres in the C -G Zoning District Approved (Pg 52-61) N. Public Hearing: CUP 14-006 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eighty (80) Dwelling Units (20 Four-Plexes) on Approximately 4.28 Acres in the C -G Zoning District Approved (Pg 52-61) O. Public Hearing: MDA 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Amend the Recorded Development Agreement for the Purpose of Excluding the Meridian City Council Meeting Agenda — Tuesday, July 22, 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. Property AND Creating a New Development Agreement to Govern the Proposed Timbergrove Subdivision Approved (Pg 52-61) 8. Department Reports A. Adoption of the Tentatively Proposed Revenues and Expenditures for Fiscal Year 2015 for the Amount of $93,757,229 Approved (Pg 61-62) B. Approval of the Amended Revenues and Expenditures for Fiscal Year 2014 in the Amount of $91,485,197 Approved (Pg 62) C. Legal Department: Agreement for Professional Services with Corbett Auctions and Appraisals, Inc. Approved (Pg 62-63) D. Legal Department: Resolution No. # 14-1001: A Resolution Setting Forth Certain Findings and Purposes to Authorize Sale at Public Auction of Firearms in Custody of the Meridian Police Department due to Abandonment, Impound, Leaving, or Release from Attachment. Approved (Pg 63-64) 9. Future Meeting Topics A. Selection of Date and Discussion Regarding a Joint Meeting with City of Kuna in Regards to South Meridian (Pg 64-68) 10. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Amended onto the Agenda: Executive Session per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code (Pg 69) 11. Item 5L moved from Item 6: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Approved (Pg 68-69) Into Executive Session at 8:57 PM Out of Executive Session at 9:25 PM Adjourned at 9:25 PM Meridian City Council Meeting Agenda — Tuesday, July 22, 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 July 22, 2014 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, July 22, 2014, by President Charlie Rountree. Members Present: Charlie Rountree, Keith Bird, Joe Borton, Genesis Milam, David Zaremba and Luke Cavener. Members Absent: Mayor Tammy de Weerd. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Bill Parsons, Sonya Watters, Kyle Radek, Tracy Basterrechea, Parry Palmer, Lori Den Hartog, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener Mayor Tammy de Weerd Rountree: I'm going to call the Tuesday, July 22nd, Meridian City Council meeting in session and first thing on the agenda is roll call. Madam Clerk. Item 2: Pledge of Allegiance Rountree: Thank you. If you would join me in the Pledge of Allegiance, please. (Pledge of Allegiance recited.) Item 3: Community Invocation by Jake Lopez with Calvary Chapel Rountree: The next item is a community invocation. Is Jake here this evening? I don't see him. Item 4: Adoption of the Agenda Rountree: Seeing he is not present, then, we will move on to the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 2 of 69 Bird: On the agenda, Item 5-L, we would like to pull to 6-L and also on 5-0, the proposed resolution number is 14-999. 5-Q has been asked by staff to vacate this item from the agenda. Have been asked to, please, amend onto the agenda under 5-R, approval of professional service agreement for instructor services for self-defense classes with Alexandria Breshears at a no cost to the city and also add 5-S, please amend onto the agenda approval of professional services agreement for musical talent for Concerts On Broadway with High Street Entertainment with a not to exceed amount of 3,500 dollars. Under Action Items, 7-13 is proposed 14-100 for resolution. Let's see. And Item No. 8-D, the resolution proposed is 14-101 and also on Item No. 10, the Executive Session, we have (1)(f) and we want to add (1)(d). With that I move that we approve the amended agenda. Zaremba: Second. Rountree: It's been moved and seconded to approve the agenda. Any discussion? All those in favor of the motion signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of July 15, 2014 City Council Meeting B. FP 14-033 Biltmore Estates Subdivision No. 1 by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Six (6) Common / Other Lots on 10.92 Acres of Land in the R-4 Zoning District C. FP 14-032 Reflection Ridge Subdivision No. 3 by Mission Coast Properties ID, Inc. Located Approximately 1/2 Mile South of E. Victory Road and 1/2 Mile West of S. Locust Grove Road D. Continued from July 15, 2014: FP 14-027 Woodburn West Subdivision No. 2 by Northside Management Located North of W. Ustick Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Eight (48) Building Lots and Seven (7) Common / Other Lots on 25.75 Acres of Land in the R-8 Zoning District E. Final Order for Approval: FP 14-030 Reardon Subdivision by CS2, LLC Located Near Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Final Plat Ten (10) Single Family Residential Lots and Two (2) Common/Other Lots on Approximately 1.96 Acres in the R-8 Zoning District Meridian City Council July 22, 2014 Page 3 of 69 F. Quitclaim Deed from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange G. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Leonard Huskey Estate H. Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Tumble Creek Homeowner's Association Fiber Optic Easement for Public Works Fiber Optic Line, City Hall to Water Department, and to Wastewater Treatment Plant - Bridgetower Homeowners Association J. First Amendment to the St. Luke's Regional Medical Center, Ltd., Service Agreement With the City of Meridian K. Temporary License Agreement with Ada County Highway District for Installation, Maintenance, Repair and Replacement of Parcel 163 Artwork - UNDER THE SUN AND DREAMING M. Approval of Change Order No. 2 to Task Order 10432 for "Ustick Road Utility Improvements" to Civil Survey Consultants, Inc. for the Not -to -Exceed Amount of $22,648.10 N. License Agreement with COMPASS for Installation of Redundant Equipment at Meridian City Hall O. Resolution No. # 14-999: A Resolution Of The Mayor And The City Council Of The City Of Meridian Authorizing The City Clerk To Destroy Certain Semi -Permanent Records Of The Meridian Public Works Department; And Providing An Effective Date. P. Approval Of Award Of Bid And Agreement To Pipeline Inspection Services, Inc For The "Sewer Manhole Retrofit And Line Repair 2014 " Project For A Not -To -Exceed Amount of $87,650.00. R. Amended onto the Agenda: Approval of Professional Services Agreement for Instructor Services for Self -Defense Classes with Alexandra Breshears at No Cost to the City S. Amended onto the Agenda: Approval of Professional Services Agreement for Musical Talent for Concerts on Meridian City Council July 22, 2014 Page 4 of 69 Broadway with High Street Entertainment for the Not -to - Exceed Amount of $3,500.00 Rountree: Next Item is Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the Consent Agenda Item 5-L we want to pull to 6-L off the Consent Agenda. Item 5-0 the resolution number is 14-999. 5-Q has been requested to be vacated off the agenda. 5-R has been added. And 5-S has been added. And with that I move that we approve the amended Consent Agenda and for the president to sign and the clerk to attest. Zaremba: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Any discussion? Hearing none, roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Item 5L moved here: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Bird: Okay. We are at Item 6, which now is Item 5-L. Is there some discussion or questions that would like to be brought up? Borton: Mr. President? Rountree: Yes. Borton: Looking at the contract and I don't know if Caleb maybe can answer, maybe not. We just had the task with regard to the city-wide strategic plan process with that consultant contract -- if it was discussed in my absence I apologize, but it wasn't clear to me what the role of the City Council is specifically as far as being an active participant in explaining that plan or more of a recipient, having it presented to us. So, I didn't know if there was anyone who could answer that question better than what the scope itself says. Meridian City Council July 22, 2014 Page 5 of 69 Nary: Mr. President? Rountree: Mr. Nary. Nary: Mr. President, Members of the Council, Council Member Borton, I know we have discussed it at length in the formulation of it. Chief Niemeyer and Bruce Chatterton from Community Development are the ones that had actually met with the consultant and negotiated a scope and I guess I would ask if the Council wouldn't mind you could put it to the end of the agenda. I think the Mayor should be here by the end of the agenda, I think she has probably the most knowledge of how the process is going to work that would include the City Council as well. But I'm sorry 1 don't have more specifics than that, so -- Rountree: Further discussion? Bird: I have none. Rountree: Have a motion to move that to the end of the agenda, which would be Item 11. Bird: Mr. Chairman -- Mr. President? Rountree: Mr. Bird. Bird: I move we move 6-L to Item No. 11 on our agenda. Borton: Second. Rountree: It's been moved and seconded to move Item six -- 5-L to Item 11 on the agenda. All those in favor of the motion signify by aye. Opposed? MOTION CARRIED: ALL AYES. Item 7: Action Items A. Community Hearing Rountree: Action items. Community Block Grant. Lori. Den Hartog: Thank you, Mr. President, Members of the Council. I'm here this evening to present our 2014 annual action plan for the Community Development Block Grant program. I was here before you at the end of May discussing our priorities for the upcoming year. The action plan year will start on October 1. Our priorities for the coming year -- we have two. We are looking to do public facility improvements and projects within the low to moderate income area of the city and public facility improvements that address the conditions contributing to the deterioration of the area. Meridian City Council July 22, 2014 Page 6 of 69 That will be the primary focus of our CDBG expenditures for the upcoming program year. CDBG funds will also be invested in public service activities that serve and will benefit our low to moderate income residents of the city and will advance a suitable living environment. So, these are allocations for the upcoming year, we have our administrative expenses at just over 40,000. We have 3,000 dollars allocated for our fair housing outreach and education and I will go into a little bit more detail in just a minute on these. Under the suitable living environment we have one public facility project, which is a fitness path at Meridian Elementary School, which is a public school here locally right in the downtown area for 50,000 dollars. We have two public service activities. We have hunger relief through the Meridian Food Bank at 27,000 dollars and we have homeless case management with CATCH, which is Charitable Assistance To Community's Homeless for 18,000 dollars for case management services. We did -- we are planning on maxing out our 15 percent cap on public service dollars with those two projects. And, then, our final project, which as you can see takes up the bulk of our allocations for this year. It's a public facility project to do fagade improvements to the Meridian Community Center here in our downtown area for 162,000 dollars. I don't know how well the map shows up. You can see the boundary of our defined LMl area within the city. Fairview is the northern boundary. Locust Grove is the eastern boundary. Linder to the west. And, then, as you can see it's kind of an L shape along Meridian Road there. So, some of these -- the community center takes place within our urban renewal area, which is an important consideration for the type of project that it is and the other two -- as you see the impact takes place within our LMI area in its location just across the road. And, then, I have also highlighted the CATCH program, because they have offices in what is now the West Ada -- and let me get that right -- the West Ada School District. Make sure I said that right. School District No. 2. Have offices there. So, a little bit more detail on the program activities for the coming year. The dollars allocated for the food bank will be used to purchase food that will be distributed directly to persons and families in need here at the Meridian Food Bank location. Currently the food bank serves approximately 4,500 people each month. They have received funding in the past and they have been a wonderful sub recipient for us. They have a lot of tracking and a great deal of information gathering that the need to be able to comply with the grant and they have been a very solid sub recipient for the city. The next item is a new one. We talked a little bit about this in May. It's Case Management Services with CATCH, which is Charitable Assistance To Community's Homeless. These funds will be used to pay for increased staffing time. There is one CATCH employee currently serving the homeless families in Meridian. CATCH is -- is an organization that houses homeless families first and provides intensive case management to address the issues contributing to the homeless episode and prepare that family for self sufficiency. So, these funds will allow this organization to increase their services in Meridian and sere more families. The activities are the public facility activities. The first is the Meridian fitness path, as I mentioned before. The plan is to invest 50,000 dollars to construct a quarter mile path in the west field at Meridian Elementary School. The path will be composed of blacktop surface loop and scientifically designed station base exercises, which will also be ADA accessible. And the path will also serve as a pedestrian connection between 4th Street and Pine Avenue and Northwest 1st. And, then, the final public facility finally is the fagade improvements Meridian City Council July 22, 2014 Page 7 of 69 of the Meridian Community Center. The plan is to invest 162,000 dollars to design and construct those fagade improvements for that facility, which is currently owned by the city. And we have program administration. Our allocation is capped at 20 percent. We do have -- this is the highest year of the dollar amount funding that we have had. I was trying to recall what last year was, but we are just over 300,000 this year and we have been keeping our administration expenses consistent, so they are just 13 percent for next year's administrative costs. And the final one -- if you will recall a few weeks ago you had a presentation. Mr. Jerome Mapp came over and discussed the Fair Housing Awareness campaign that the City of Meridian has partnered with Boise on and so the fair housing outreach and education is 3,000 dollars and some of those funds are used to go towards the campaign that we partner with Boise and Nampa and the dollar amount there will go towards -- we have some training there -- the landlord training that we will do with the city of Nampa next year as well. So, that's what those funds will be used for. The public comment period on the action plan was opened on June 16th. I did receive written comments from Beth Geagan on behalf of the Boise City Ada County Continuum of Care, which the city of Meridian participates and the comments were related to our fair housing action plan and participation in the CIC housing working group. The comments were consistent with our participation in that group and we have incorporated the comments into the action plan in Section 6 and 8. And I will leave it now if we have anybody here in the audience that would like to provide additional public comments and those can be incorporated as well and, if not, then, I will go to the last slide. Thank you. Rountree: Thank you. The public testimony period is still open. I have not received anybody signing up wishing to testify, but is there anybody out there that would like to? Seeing none. Go ahead. Den Hartog: Okay. With that I would ask the Council to close the public hearing that was opened on June 16th for the 2014 action plan and to adopt the 2014 action plan as presented and to direct staff to submit the plan to HUD for their review and approval. Thank you. Rountree: Thank you. Any questions? Bird: I have none. Milam: Mr. President? Rountree: Mrs. Milam. Milam: I move that we close the public hearing on 7-A for the Community Development Block Grant 2014 action plan. Zaremba: Second. Meridian City Council July 22, 2014 Page 8 of 69 Rountree: It's been moved and seconded to close the public hearing on Item 7-A. All those in favor signify by aye. MOTION CARRIED: ALL AYES. B. Resolution No. # 14-1000: Resolution to Approve the Community Development Block Grant (CDBG) PY2014 Action Plan Rountree: We are now at 7-B. Milam: Mr. President? Rountree: Yes. Milam: I move that we approve resolution number 15-1000, the Community Development Block Grant 2014 Action Plan. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-B, the block grant action plan. Any discussion on the motion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. C. Public Hearing: AZ 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Annexation and Zoning of 5.2 Acres of Land with an R-8 Zoning District D. Public Hearing: PP 14-010 Archer Farm Subdivision by Archer Farm Properties, LLC Located 4660 N. Meridian Road Request: Preliminary Plat Approval Consisting of Twenty (20) Building Lots and One (1) Common Lot on 4.93 Acres of Land in a Proposed R-8 Zoning District Rountree: I will now open the public hearing for Item 7-C and D. That would be for the Archer Farms Subdivision annexation and preliminary plat. Staff? Watters: Thank you, President Rountree, Members of the Council. The next application before you is a request for annexation and zoning and preliminary plat. This site consists of 4.93 acres of land. It's currently zoned RUT in Ada county and is located at 4660 North Meridian Road. The request for annexation and zoning is for 5.2 Meridian City Council July 22, 2014 Page 9 of 69 acres of land with an R-8 zoning district. A preliminary plat is also proposed consisting of 20 single family residential building lots and one common lot on 4.93 acres of land for Archer Farms Subdivision. The proposed gross density of the subdivision is 4.06 dwelling units per acre, consistent with the medium density residential future land use map designation. The average lot size is 7,759 square feet. There is an existing home, barn, and accessory structures on the site that are proposed to be removed. Access is proposed via two existing stub streets in Solitude Subdivision at the east and south boundaries. No access is allowed by North Meridian Road. A 25 foot wide landscape buffer is required along North Meridian Road. There is an existing seven foot wide attached sidewalk along Meridian Road. The Unified Development Code requires detached sidewalks along all arterial streets, but because the sidewalk is relatively new and was constructed to allow safe pedestrian access to the school to the north and it is seven foot, rather than five feet in width. Staff is not recommending the sidewalk is removed and replaced with a detached sidewalk. A six foot tall fence exists along the northeast and south boundaries. A new six foot tall matching vinyl fence is proposed along the west boundary adjacent to Meridian Road. There is an existing irrigation ditch that crosses this site that is required to be piped. Conceptual building elevations were submitted for future homes in this development as shown, with building materials consisting of architectural shingles, board and batten, and lap siding with cultured stone wainscot. Because homes on lots that back up to North Meridian Road will be highly visible, staff does recommend the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. The Commission recommended of these applications. Kevin McCarthy testified in favor. There was no one testifying in opposition. Angela Robertson commented on the application and Kevin McCarthy submitted written testimony. This are no outstanding issues for Council and written testimony since the Commission hearing was received from Kirsti Allphin, the applicant's representative, in agreement with the Commission recommendations. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Were their elevations of the rear in light of the comments about it being on Meridian Road? Watters: President, Mr. Borton, no, there were no elevations submitted yet by the applicant. Borton: So, Mr. President? Meridian City Council July 22, 2014 Page 10 of 69 Rountree: Yes. Borton: Is the reason for that because you can -- can you articulate from the front elevations the types of feature that you want to see that would -- Watters: No. Borton: -- I would presume correspond to the rear? Watters: That was the reason for staff's condition of approval, that when these come in for development that they -- they do incorporate those design features. Borton: Okay. Watters: Because I could only see the front elevation. Borton: Okay. Rountree: Other questions? Bird: I have none. Rountree: Is the applicant here? State your name and address for us, please. Allphin: You bet you. Can you hear me okay? My name is Kristi Allphin with KM Engineering. Address is 9233 West State Street in Boise. Sonya pretty much did a bang up job of telling you what we are doing here, so I won't really take a whole lot more of your time this evening. It's a pretty simple infill project here along Meridian Road and I will be happy to stand for any questions that you have. Rountree: Are there any questions for the applicant? Bird: I have none. Zaremba: Mr. President? Rountree: Dave. Zaremba: Just one and, actually, this may be for staff as well. Allphin: No problem. Fire away. Zaremba: In reference to the existing sidewalk, which we are apparently recommending to leave alone and -- Allphin: Out along Meridian Road. Yes. Meridian City Council July 22, 2014 Page 11 of 69 Zaremba: Okay. What -- how does that connect in the property to the north and the property to the south? Is that sidewalk continuous under the configuration that it is on your property or do we need to say something about how they will -- Allphin: Do you want that one or do you want me to take it? Watters: Mr. President, Mr. Zaremba, it is continuous to the north and south. Zaremba: I'm sorry, I didn't hear that. Watters: There is a continuous sidewalk to the north and south. I -- Zaremba: So, they already connect. Watters: -- serve as attached or detached if that was your question. Zaremba: But they do connect. Watters: But they do connect, yes. Zaremba: Okay. That was the question. Thank you. Watters: If you remember a few years ago when solitude developed the -- with the school to the north the developer put in the sidewalk along the frontage of this property, so that there would be safe pedestrian access to the school. Zaremba: Thank you. Rountree: Further questions? Bird: I have none. Rountree: Thank you. This is a public hearing on this item. I have a sign-up sheet with nobody having signed in. Is there anybody out there that wishes to testify? Do you have any final comments then? Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: Seeing that nobody wants to testify, I move we close the public hearing on AZ 14- 010 and PP 14-010. Zaremba: Second. Meridian City Council July 22, 2014 Page 12 of 69 Rountree: It's been moved and seconded to close the public hearings on Items C and D. All those in favor of the motion signify that aye. Same sign is opposed? Thank you. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AZ 14-010 and include all staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-C. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-010 and include all staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-D. Any discussion? Seeing none, roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. E. Public Hearing: AZ 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Annexation and Zoning of 6.97 Acres of Land with an R-8 Zoning District F. Public Hearing: PP 14-009 Castle Creek Subdivision by Northwest Ventures Located 2432 E. Amity Road Request: Preliminary Plat Approval Consisting of Nineteen (19) Building Meridian City Council July 22, 2014 Page 13 of 69 Lots and Five (5) Common/Other Lots on 6.58 Acres of Land in the R-8 Zoning District Rountree: Next items are Item 7-E and F, annexation for Castle Creek Subdivision and preliminary plat for Castle Creek Subdivision. Staff. Watters: Thank you, Mr. President, Members of the Council. This site consists of 6.58 acres of land. It's currently zoned RUT in Ada county and is located at 2432 East Amity Road. The request for annexation and zoning is for 6.97 acres of land with an R-8 zoning district. A preliminary plat is also proposed consisting of 19 single family residential building lots and five common lots on 6.58 acres of land for Castle Creek Subdivision. The proposed gross density is 2.89 dwelling units per acre, consistent with the low density residential future land use map designation for this site. The average lot size in the proposed development is 8,045 square feet. The R-8 zoning is requested, rather than an R-4 district for relief from dimensional standards due to the irregular shape of the parcel and the large area along the northeast boundary of the site that's covered by an irrigation easement for the Ten Mile Drain. All of the building lots along the northeast boundary have a substantial easement, up to 40 feet wide on this property for the drain. A license agreement should be obtained from the irrigation district for lots that encroach within the easement area. A portion of the site along the drain lies within the Meridian flood plain overlay district. Prior to development occurring in this area a flood plain permit application is required to be submitted and approved by the flood plain administrator. There is an existing home on the site that is proposed to be removed. Access is proposed via one public street access to East Amity Road. Direct lot access to East Amity is prohibited. A stub street is proposed at the west boundary for future extension and interconnectivity. A connection to the east over the Ten Mile Drain is not required on this site, as Messina Meadows Subdivision northeast of this site is required to provide a connection to the property to the west of this site. You can see it on the site plan up here to the northwest. The master street map contained in the Ada County Highway District South Meridian Transportation Plan depicts a north -south residential collector street along the western boundary of this site. However, because a collector street is already planned east of this site with Messina Meadows Subdivision to Ustick Road and a stub street will be provided from Messina Meadows to the parcel to the west for connection to Ustick Road, staff and ACHD do not feel a collector street is necessary to be provided on this site. A 25 foot wide landscape street buffer is required along East Amity Road as proposed. A total of 1.36 acres or 20 percent, approximately, of common open space is proposed, which is over twice the amount required by the UDC. As a site amenity the applicant is proposing an additional five percent open space over the required amount of ten percent. A segment of the city's multi -use pathway system is designated on this site along Amity Road and along the northeast boundary of the site along the Ten Mile Drain. The pathway along the drain is being constructed with Messina Meadows on the east side of the drain. The Parks Department is allowing the five foot wide detached sidewalk along Amity Road to satisfy the pathway requirement. Staff is recommending a ten foot wide multi -use pathway is constructed at the southeast corner of the site from the sidewalk along Amity north to the future pathway to be constructed in Messina Meadows. Here where the arrow is Meridian City Council July 22, 2014 Page 14 of 69 pointing. Conceptual building elevations were submitted for future homes in this development with building material consisting of architectural shingles, three different types of siding, with stone accents. Because homes on lots that back up to East Amity Road will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in material, color, modulation, and architectural elements, horizontal and vertical to break up monotonous wall plains and roof lines. The Commission did recommend approval of these applications. Dave Yorgason testified in favor. No one testified in opposition or commented. And written testimony was received from Dave Yorgason on this application. Key issues of discussion by the Commission were the street frontage requirements for Lot 3, Block 2, and that is the second lot in right here where the arrow is pointing. Outstanding issue for the Council. The application requested that Lot 3, the lot where the arrow is pointing, is allowed a reduced street frontage from 50 feet to 39 feet. The code reads the properties with street frontages on cul-de-sacs or approximately -- key word -- a 90 degree angle, are allowed to be minimum of 30 feet measured as a cord measurement per the UDC. Staff interpreted that it was approximately a 45, therefore, required 50 feet of frontage be provided. If Council disagrees with that interpretation they can address that with the applicant. No written testimony has been received since the Commission hearing. Staff will stand for any questions Council may have. Rountree: Any questions? Bird: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: Just a minor thing. When you were talking about the residential collector street, which will be off site just to the west of this, you made a couple references to Ustick Road and I would clarify that I think you meant Amity. Watters: I did mean -- Zaremba: Amity. Watters: -- Victory, actually. To the north. Sorry about that. Yes. Zaremba: Okay. Rountree: Additional questions? Is the applicant here? Yes, he is. David. Good evening. Yorgason: Good evening. Mr. President and Members of the Council, for the record my name is Dave Yorgason with Tall Timber Consulting. I'm here representing the applicant Northwest Ventures, who is the owner of the property. Appreciate the staffs Meridian City Council July 22, 2014 Page 15 of 69 report and presentation. I believe staff covered all the issues. To clarify a couple of items, if I could, please. First of all, the frontage is Amity Road on our south boundary. Not Ustick. But just for the record it is Amity Road. Secondly, as was stated, there is a large irrigation easement along our northeast boundary. It's extremely large. In fact, in some places it covers about one hundred feet from the center of the ditch to our property, which is not normal. We have a huge easement in this area and so it's been a large burden for us to try to develop around. In addition to, you know, this site is enabling the sewer trunk line to the south in the southeast part -- southeast part of the city. Having said that, there is larger sewer easements that are also a greater encroachment on this little six and a half acre parcel and there is access onto -- in the road -- we have a couple different layouts, but the highway district and others encouraged us to use that word, encouraged us to have the access road as far east as possible, so this is the layout that we came up with after a few iterations. Having said that, those first two lots on, as you approach into the development, Lots 2 and 3, are both substandard with less than 50 feet of frontage. That have kind of tweaked and pushed. We think we can make one of the lots work at less than 50 -- to make it 50 feet of frontage. However, we do ask for the Council's consideration for waivers to at least have Lot 3 -- our pie in the sky preference would be both lots, but we really do hope that at least Lot 3, Block 2, could be allowed to be less than 50 feet of frontage. The specific condition in the staff report is 1.1.2A for your reference. And it does call out both lots two and three and if the Council is open to that allow that Lot 3 to be 39 feet of frontage as shown. Those are all the items. I will just address them at that point. Don't have any more to add. I would stand for any questions you may have at this time. Rountree: Questions? Milam: Mr. President? Rountree: Mrs. Milam. Milam: Dave, my -- my concern with this is that -- it's something that has come up a few times just in the last few months that I have been here and that's when we annex something at a higher -- at a higher zoning and, then, a project doesn't happen and the property gets sold and is a completely different project. I like your project. I like that you -- your density is low, but I'm still somewhat reluctant to just make it an R-8. So, how close to this project are you? Yorgason: Council President Rountree and Councilman Milam, how close are we to starting? And I will answer a few other questions I heard indirectly in there, too. The sewer is on the way for the sewer. Messina Meadows Phase Five, I believe it is, their phase five, has already been submitted to the city, has been approved by the city, a final plat and, plus the construction drawings. That brings the sewer to our boundary. After that, then, it's working -- moving forward working with builders, developers, others in the process -- well, builders -- in the process of building it. We have not started construction drawings. We are just waiting for that next step to take place before my client would be wanting to move forward with that step. We do know of at least two Meridian City Council July 22, 2014 Page 16 of 69 already approved developments south of this site that are waiting for the sewer trunk line. Black Rock and White Bark. So, we know there is a significant interest and need for the sewer trunk line to move forward and by approving this tonight it allows us to get the sewer through that process to our southwest corner, so that they can, then, pick it up from there and move it forward through White Bark and Black Rock. To address your question with regard to density. The Comprehensive Plan for this site is low density residential, which is less than three units per acre. We are not asking for more that three -- in fact, it's 2.8, 2.9 dwelling units per acre. The reason for the R-8 is to have relief, again, primarily because of the irregular shape of the site. About 28 percent of the site is dedicated to open space. It's just a very irregular shaped site. So, the reason for the R-8 is to allow for smaller lots. Not to have higher density, but to have smaller lots. Also the development to the north, Messina Meadows, is R-8. So, we are equal to what their current zoning is. It's just more for a development standard relief, not for higher density. I hope that answered that question. Milam: Yes. Thank you. Yorgason: Thank you. Rountree: Further questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: Can you talk a little bit about the elements in that southwest portion of the lot with that drive aisle -- is that the right term for it? What's taking place there and how are they all -- Yorgason: Sure. Council President and Councilman Borton, that is a common driveway. It serves two functions. One is access for the three lots in the southwest corner. Again, due to the irregular shape we can't even get a cul-de-sac, it's just small and tight, so this is a creative usage of existing code where -- I have to defer to staff, I think it's either four or six homes are allowed up to that number on a common drive. We are showing three. The second primary is after lots of discussion with staff here, the Public Works staff, engineering staff, in trying to find the proper alignment for the sewer through the site and to maintain the grade as high as possible through the site and to maintain the right grade as you go forward onto the parcels off site. The sewer trunk line will run through the common driveway and you can see further to the west -- well, both sides of the common driveway, the green portion is whiter than your normal driveway and that is to allow for the additional easement use for Public Works for that sewer trunk line. Borton: Mr. President? Rountree: Joe. Meridian City Council July 22, 2014 Page 17 of 69 Borton: So, those three houses that take access to that common driveway would be able to use it, park vehicles upon it; correct? Yorgason: Council President and Councilman Borton, use it for access, yes. Parking on it is not something we support and it's not allowed parking there specifically for the sewer, Public Works, to insure the access there. Borton: I understand that, but it seems like you would have those three homes, parked vehicle, guests, boats, RVs, on a driveway that's adjacent to two -- two other homes? It would have a driveway directly out their side windows, that the three homeowners to the southwest would be permitted to do it as they please. Is that right? Yorgason: Council President, Councilman Borton, this is just like any other common driveway throughout the City of Meridian and so it's built to a certain width to allow for access, but it's not allowed to have parking on both sides. That would not be allowed here. But where do guests park? Maybe to get to your question there. They can park in the driveways to those homes. There will be room there also. As well as the public street out in front of the homes out further away. Borton: Okay. Thanks Rountree: Further questions? Thank you Yorgason: Thank you. Rountree: This is a public hearing for these two items. Does anyone wish to provide testimony? Do you have any further comments, David? Yorgason: For the record, Dave Yorgason. The only additional comment I might add with regard to the waiver of Lot 3 having frontage, is it was an item of significant discussion with the Planning and Zoning Commission and all of them were either not concerned or supported the idea, but they recognized it was a decision by the Council, not the Planning Commission, and so I just offer that, again, for your consideration. I didn't hear any discussion with you here about that, but that's just adding an additional piece of information for you. Rountree: Okay. Yorgason: Thank you. Rountree: Any discussion? Further questions? Borton: Mr. President? Rountree: Mr. Borton. Meridian City Council July 22, 2014 Page 18 of 69 Borton: If there are no other questions or comments, I would move we close the public here on Item 6-E and 6-F. Rountree: It would be seven. Borton: Or, excuse me, seven. 7-E, 7-F, AZ 14-009 and PP 14-009. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearings on Item 7-E and F. Any discussion? All those in favor of the motion signify by aye. Opposed? Very good. MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: I think -- I think this is an extremely challenging piece. I think Dave has done a good job with a tough piece and he brought up some of the concerns with it, some of the challenges on lot street frontage, some of the challenges that the irrigation provides. I think Councilwoman Milam brought up some good points with regards to the density issues on R-8 versus R-4. Again, it's a smaller lot. I think it constrains what would be able to be done here. It sounds like there might be some portion of the drive to move this forward to accommodate some sewer issues further south, which I appreciate as well. But it's not a project and a plat and an annexation that I am supportive of at this time for those reasons. Rountree: Further discussion? Bird: Mr. Rountree -- or Mr. President? Rountree: Mr. Bird. Bird: With no discussion, I would move forward with -- I would move that we approve AZ 14-009 and include all staff, applicant comments. Cavener: Second. Rountree: It's been moved and seconded to approve Item 7-E. Any further discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milan, yea; Cavener, yea. Meridian City Council July 22, 2014 Page 19 of 69 MOTION CARRIED: FIVE AYES. ONE ABSENT. Watters: President Rountree, excuse me. May I clarify that motion? Did the Council mean to go by the staff report and require the minimum street frontage on that Lot 3? Bird: Yes. Watters: Thank you, Mr. Bird. Rountree: Okay. Item 7-F. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve PP 14-009, include all staff and applicant comments. Cavener: Second. Rountree: It's been moved and seconded to approve Item 7-F. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milan, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE NAY. G. FP 14-031 Heritage Grove by Green Village Development Located NWC of N. Locust Grove Road and E. Ustick Road Request: Final Plat Approval Consisting of Thirty -Three (33) Single Family Residential Lots and Ten (10) Common Lots on Approximately 6.81 Acres in the R-15 Zoning District Rountree: The next item is final plat for Heritage Grove. Your turn, Bill? Parsons: Sorry. Mr. President, Members of the Council. The next item is the Heritage Grove final plat. The primary reason why this is on the agenda this evening is the applicant did not get his response to me in a timely fashion and, therefore, I did receive it this afternoon. He is in agreement of the -- all the conditions of approval and I would mention to Council that the submitted final plat and the landscape plan is consistent with the approve preliminary plat in which you acted on a few months ago. So, staff is recommending approval of that -- of this subdivision or this final plat this evening and I will stand for any questions you may have. Rountree: Any questions for Bill? Meridian City Council July 22, 2014 Page 20 of 69 Bird: I have none. Rountree: Okay. Could I take a motion for this? Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we approve Item 7-G, FP 14-031. Bird: Second. Rountree: It's been moved and seconded to approve Item 7-G. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. H. Public Hearing: RZ 14-004 Citadel 11 Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Request: Rezone of 5.44 Acres of Land from the R-4 (Medium Low -Density Residential District) Zoning District to the C -C Zoning (Community Business District) Zoning District I. Public Hearing: CUP 14-007 Citadel II Self -Service Storage Facility by Citadel Storage, LLC Located East Side of S. Eagle Road and North of E. Easy Jet Drive Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of Thirteen (13) Buildings on Approximately 4.8 Acres of Land in a Proposed C -C Zoning District Rountree: Item 7-H and I, rezone for Citadel II self storage and a CUP for Citadel self storage. I will open the public hearing for those two. Staff. Parsons: Mr. Chairman -- or Mr. President, Members of the Council, next on the item agenda is Citadel II self storage conditional use permit and a rezone application. The site consists of approximately five acres in size. It's located on the east side of South Eagle Road, just north of Easy Jet Drive. In 2002 this property was before you as part of the Sutherland Farms planned unit development. Under that planned unit development the city did allow a use exception on this site to develop with either an office park or a multi -family development and it was expected to happen with the later phases of the development. Now that the applicant is here this evening discussing the rezone and a conditional use for the storage facility, staff is recommending a new Meridian City Council July 22, 2014 Page 21 of 69 development agreement or at least extract this property from the approvals of the Sutherland Farms PD and that development and have them enter into a new development agreement subject to the proposed use that we are discussing this evening. You can see here that the property is currently zoned R-4, which was consistent with the -- that approval in 2002 and, again, those uses were allowed through a conditional use permit either as an office complex or a multi -family development. You can see the development surrounding this property are commercial to the north. We have earlier phases of the Sutherland Farms Subdivision, zoned R-8. To the south is an office park zoned L -O and, then, across the street Eagle Road side to the west we have an R-4 development and also a fire station. Currently this property is vacant to make way for the proposed development this evening. One thing that I would mention to Council just as a side note, this property is mixed use community on the future land use map that we have currently in place and typically you do envision three -- a mix of uses on the site, at least three types of land uses and this particular property, if you look at the surrounding developments and the amount of commercial we have to the north and all the mix of residential uses and the office component, staff feels that this site is adequate for a single use, such as the storage facility. I would also point your attention to this five acre piece on the south side of Easy Jet. This is also allowed to develop with either multi -family or future office in the future -- or more office. So, we can see that at least we can get at least additional residential or at least more multi -family in there, even potentially more office in the future as well. So, looking at that surrounding development staff finds that this proposed use is consistent with the mixed use community designation. As I mentioned to you, this site is R-4 and the applicant is requesting to rezone it to R -- excuse me -- C -C, Community Business District, and a conditional use to develop the self storage -- self service storage facility. The UDC does require a conditional use for that proposed use this evening. Here is the site plan. The applicant is proposing a 648 square foot office building adjacent to Eagle Road and, then, 12 storage -- enclosed storage buildings, so there is no outdoor storage proposed with this development this evening. And the approximate square footage of the storage facility is here in the upper right-hand corner at 73,575 square feet of, again, enclosed storage area. The UDC's landscaping requirements are pretty minimal for this site. Per the UDC the applicant is required to provide a 25 foot landscape buffer along Eagle Road and, then, along the lowest boundary of the site the applicant is required to construct a pathway and ten feet of landscape along that pathway between the facility and the pathway to soften that edge or use adjacent to the pathway. Along the east boundary adjacent to the residences the specific use standards for the self-service storage facility requires a 25 foot wide landscape buffer. However, it is the Council's discretion to allow a reduced buffer along that boundary through the public hearing process and so at the public hearing before the Planning and Zoning Commission, the Planning and Zoning Commission has recommended actually a 15 foot buffer along that boundary based on the public testimony that they heard at the hearing. Again, this is within your purview. The applicant has reached out to the adjacent neighbors. At the time that they submitted this application they had agreement from a majority of the residents -- owners -- the property owners to the east that supported not only the use, but also the reduced setback. Somehow at Planning and Zoning Commission the neighbors were a little confused on what transpired at the hearing and so they had flip Meridian City Council July 22, 2014 Page 22 of 69 flopped and changed their mind and decided that maybe they wanted a little bit larger buffer along their boundary. So, the recommendation before you this evening from the Planning and Zoning Commission is a 15 foot landscape buffer. Because the east boundaries up against the office park and this existing landscaping and fencing with the development of the office park, there really is no landscaping required along that south boundary. So, that's why you don't see any here. The applicant is trying to create the buildings -- actually use the buildings as the buffer or the perimeter to the office complex to buffer that use for their internal activities. Here is the street view of the proposed facility. You can see how it interacts with the adjacent roadway, along with the landscape buffers. As part of this application this evening the applicant is requesting Council waiver to allow the primary access into a development off of Eagle Road. ACHD has approved this access point that's shown on this street view this evening. I'd also point your attention to this access point adjacent to the office park here on the south boundary. Per the UDC standards the applicant does have to provide a secondary access into that development. With the development of the office park perhaps access was granted to this property through a record instrument and the applicant will be taking advantage of that. Staff has recommended that a solid gate be placed along that boundary to screen any internal activities proposed with this development. The proposed building materials for this site will consist primarily of metal, CMU block. The proposed office building will be of a stucco material and, then, along the south boundary and along the pathway the applicant is proposing Hardie plank, just 20 by 20 foot Hardie plank paneling here to break up the mass in the middle. You can see here in this exhibit that the width actually steps down along the north boundary and the south boundary. In our presentation to the Commission and the recommendation before you this evening, the Planning and Zoning Commission did recommend additional design elements to the Eagle Road side for your consideration this evening and the applicant has provided written testimony as -- for you to take action on that as well, but, basically, the recommendation from the Planning and Zoning Commission is to increase the width of these parapets along Eagle Road from 25 feet to 50 feet in order to break up more of that metal along that roadway and provide some more architectural relief to that fagade and rather than having primarily metal adjacent to that roadway. And, then, as -- as an offering that applicant is also showing new office elevations for your consideration as well this evening. Again, you can see it's all stucco with architectural arched roofing on it, metal roofing to kind of tie into the architectural theme of the proposed development. As I mentioned to you the site is governed by an existing development agreement, because this is really a stand-alone use. It was not approved under the Sutherland Farms PD or the annexation. Staff is recommending a new development agreement before you this evening. These are the recommended provisions that we want tied into that agreement with the city and the developer. We believe this addresses any concerns moving forward with the proposed use. This is similar to what we did on the Citadel site off of Chinden Boulevard as well. We tied the -- actually, Council tied them to a single use of the property to make sure that they can't go back and do that office and that multi -family in the future. So, Planning and Zoning Commission did recommend approval of this project at their June 19th hearing. Testifying in favor was the applicant Jim Conger. There were several folks that commented on the application. Again, they weren't in opposition of it, they just wanted Meridian City Council July 22, 2014 Page 23 of 69 to make sure that landscaping was addressed adequately along the east boundary. We had Jake Centers commenting. Mike Darr and Ed Williams. Topics of discussion -- one of the main topics was the design of the proposed facility and I brought that up to you in my presentation. The ten foot setback adjacent to the east boundary -- one item that was removed from the staff's recommendation was a requirement for the applicant to work with ACHD and the fire department on a safe crossing or a crossing to tie the pathways across Eagle Road -- I mean staff had called out in the staff report -- at least in our recommendation in the staff report we were concerned that that pathway connection was at the mid mile of Eagle Road and there was quite a bit of traffic, so how would we facilitate safe pedestrian crossing across a four lane arterial roadway and so in that discussion we realize we had a condition in there that may not be feasible for the applicant to comply with, so Planning and Zoning Commission did remove that condition. One of the other concerns -- and I think I heard this on the last time Citadel came through before you was the maintenance of that ten foot landscape buffer between the residents and the proposed facility, it's kind of a no man's land when you add these facilities up against residences. The applicant assured not only the P&Z, but staff said they would go in there and do their routine maintenance just like any other landscaping out there and they would regulate that just as much -- they would keep it up -- have the upkeep of that buffer just as much as the buffer along Eagle Road. One of the items I brought up -- was brought up by the adjacent residents was the grade differentials between this project and the existing homes on the east boundary. So, they wanted to assure -- have assurances that this facility wouldn't be any lower or be similar to their grade of existing homes. And the last item that we brought up or was discussed was currently there is an existing common lot developed with the earlier phases of Sutherland Farms HOA. Currently they encroach on the applicant's property. There is existing fencing that goes -- that's constructed on this site and we had a provision that they provide written documentation from the HOA for the relocation that they approve or support the relocation of the fencing. The applicant assured us that they would coordinate with the HOA on the relocation of that fencing. So, staff -- or the Commission did strike that condition and I realized that it would be -- staff would still work with the HOA, that we just didn't need to get involved in that. It would be a private party matter and they could handle it prior to commencing with development of the site. So, basically, as far as Commission changes to the staff recommendation, as I mentioned to you, we had Commission strike condition 1.2.2, bullet number four, removing the requirement for written documentation from the HOA on the relocation of the fence. Remove the requirement to coordinate with ACHD and the fire department on signalized pedestrian crossing at the pathway location and we also had Planning and Zoning Commission also modify condition 1.2.513 and 1.2.5C, which actually had to do with changing some of the design elements that staff had recommended to the facility along Eagle Road. So, written testimony since the Planning and Zoning Commission hearing. Mr. Conger did submit written testimony and he has two items that he would like to discuss with you this evening. The first being overturning the Commission's recommendation for the 50 foot landscape buffer along the east boundary and the other condition would be the applicant would like -- would like the Council to allow him to construct a 25 foot parapet as shown this evening in this graphic and provide a more upscale office building as shown in presentation to you. So, literally, there are two Meridian City Council July 22, 2014 Page 24 of 69 outstanding issues this evening for you on this project -- will a the reduced buffer along the east boundary and, then, approving that access point to Eagle Road as shown here in the -- in the street view. Other than those two items there aren't any outstanding issues for you and I would be happy to stand for any questions you may have. Rountree: Questions for Bill? Bird: I have none at this time. Borton: Mr. President? Rountree: Mr. Borton. Borton: Bill, I -- one of the Commission changes to the staff recommendation, it reads that -- it's like a double negative, so I have got myself tied up a little bit. There is -- it eliminates the condition and removing the requirements -- this is the 1.2.19. Parsons: Uh-huh. Borton: So, is the change that the requirements for the applicant to coordinate with ACHD existing or is that requirement gone? Parsons: Council President, Councilman Borton, that requirement has been stricken. Borton: Mr. President? And the last question with regards to one of the outstanding issues on the landscape buffer to the east, was it your remarks at the outset that the required buffer is 25 feet, but we were -- P&Z was okay with recommending 15? Is that correct? Parsons: President Rountree, Councilman Borton, that is correct. They were comfortable with 15 feet based on the public testimony. Borton: Okay. Parsons: But the ordinance does require 25 feet or a waiver. Borton: Okay. Rountree: Other questions? Applicant? Conger: Mr. President, Members of the Council, Jim Conger. 1627 South Orchard Street. First of all, thanks for letting us present tonight. This will be our second facility and I think it's important to note that the design, all our architectural effort put into the first facility that was just approved and constructed last year in Meridian, is what we are basing -- basing this project off, so we can hold continuity between the two facilities in Meridian. This site plan in front of you tonight, just like Bill indicated, is the one in front Meridian City Council July 22, 2014 Page 25 of 69 of us. I guess my first statement is I'm pleased to be in front of you and accept the conditions of approval as they are written from -- I'm a little bit concerned or confused more on Bill's comments that P&Z approved the project with a 15 foot setback on that east boundary. So, I will start out there with Condition B, 1.2.3, which is that east boundary. I mean if you look at the staff report what the commission -- you know, amongst the or five items that they modified is struck out in what's in front of you and what's been published, but the condition inside that staff report maintains still ten feet. The P&Z Commission did not approve 15 feet or restrict it to 15 feet. The P&Z listened to one neighbor and it wasn't numerous neighbors, it was only one neighbor that came up to discuss the depth of that setback. What P&Z issued a statement on was the fact that, please, go back, meet with the neighbors and see if you have any room to move. There was no approval of 15 feet and the condition in front of you that -- that I think we hopefully approved, which is what's written by staff, is ten feet. So, I will continue on with that. What had happened is -- is one of the neighbors came and was most concerned about the -- making sure we block off both ends of this east boundary. As you can see we are through this project we are completing a regional pathway. Their biggest concern was this regional pathway feeding pedestrian traffic up between our ten foot setback and their homes. We have already made the commitment to close both ends of that. We will still be able to get in there and do our maintenance as Bill indicated. But I think going back -- and it's important to rewind. We had numerous meetings with this neighborhood group, because this is a little bit different project for us. We bought the land and now working on getting approval. You know, the process to day, you know, with the approval process, as all of you well know, is about a 50,000 dollar bill to get where we are today. We had -- we had an option with what's on the books with the city and the previous development agreement of an apartment complex or a self storage unit. My client owns both apartments in Meridian and the Citadel self storage also in Meridian. So, what we wanted to do was not get in front of City Council and still be having a debate over how much square foot will this facility have, because what we have said to the neighbors is -- and what we have said to the city is this property is more than five dollars a square foot, you can't give 25 foot buffers, you can't give 15 foot buffers. We will have to go the apartment route where we can do ten and 15, two or three story, depending on the setback and utilize the property. We went to the neighbors and were very crystal clear on the two project choices and what I want to hand out to you right now real quick is -- is the agreement between the neighbors and the developer of the reduced setback -- and it calls it out, reduce setback to ten feet and the additional trees that they will get and this wasn't just thrown together, this was all signed at the first of April of this year, but it was culmination of a minimum of four meetings to get to this point. I'm not the largest fan of giving handouts of documents that are already in your packet. These are in our packet. But I think it's that to touch and look at them and understand that we have neighbors that very much know what the setback is going to be with this project, which is ten feet, to make it -- to make it actually, you know, economically function. So, I think a testament -- and I will probably get off the reduced setback with that, unless there is any questions for the fact that we I don't believe will have any comments from neighbors. What we did is after the P&Z there seemed to be some confusion. I went back on July 9th for another neighborhood meeting and walked the property, understood the property, understood the ten foot Meridian City Council July 22, 2014 Page 26 of 69 setbacks and understood what everybody already agreed to in April and that will not be an issue tonight. Ten foot is what is required for the price of this land and what is required to make a self storage facility work on this property. So, ten foot. You know, the next item -- oh, hey, Bill, do you mind, you grabbed the P&Z. Could we grab the one that says 7/27. So, the next item I'm going to go into is -- is Item B, 1.2.56, which was modified by the Commission and basically, just as Bill indicated, we are -- so, our -- just as Bill indicated, staff is asking for these two parapets to be 25 foot in length. You know, our corners are anchored heavy with the block -- Borton: Mr. President? Rountree: Mr. Borton. Borton: Jim, what's the length of the -- that entire Eagle Road wall? Conger: Mr. President, Council Member Borton, you're going to catch me red faced and embarrassed. Borton: I'm just trying to get a sense of 25 versus 50 feet in relation to the total span. Conger: Yeah. That entire span is, you know, in the range of 800 feet or so. But that would include the entry road and office location as well. Borton: Okay. Conger: Yeah. Thanks, Bill. That's perfect. So, quickly, I will jump back, so I don't drag this out. Increasing the use to 25 feet, you know, at the end of the day we are okay with that. We aren't here fighting any enhancements. We heard staff very early in the game that Eagle Road is going to be important. You know, I guess our point is our office is great, but it's -- it's not as good it could be. We are proposing that the dollars be spent in enhancing the office. We went very early in our design work back on the office. This office provides a lot better modulation to Eagle Road, the barrel roof versus the hip roof -- it is a little bit more like our first facility, which you will see in a second when I show a quick video. But I guess we leave it -- at the end of the day we want to leave it up to the Council -- where is this money best spent. We believe it's in enhancing the office. That's going to be the first thing you see as you're heading south on Eagle Road and we believe just as it's spread across there that the extra 25 feet in the middle of this building in two locations probably isn't going to change from an esthetic standpoint. But, again, we are not fighting that condition. We will simply live -- live to your requirements. You know, this is kind of the fun part we like. We assume you don't have time to visit every existing project in Meridian. We know everybody is busy with their day job and their night job and everything else. We just want to be able to show you, you know, our facility -- and, Bill, I might need your help to click on that if it doesn't let me. Can you start that for me, please. And we will quickly run through that first facility, which is the esthetics and the design that the second facility will match. You can see we do have the barrel roof. Start you out at our office and entry of the building. Meridian City Council July 22, 2014 Page 27 of 69 The barrel roof, as I indicated earlier. You can start seeing the stone parapets, obviously, mixed in with the landscaping. We call out to waterwise landscaping and other environmentally sound design methods in this new project as well. This will just enter us in -- trust me, this is just a two minute video, so it won't be much of your time. But you can see the split face block and the texture relief, the top cap, everything that that gives. The clean look. The color pallets and everything that's inside this facility. So, when you do see through the gate it is still esthetically pleasing. I'm going to come up here and go to the left -- and you will see the ten foot setback that the existing neighbors -- that is identical to what we are asking for on this facility and it just matched in seamlessly one final time going through looking at the clean -- cleanliness, basically, and the clean architectural look of the facility. And I think in -- and it will just exit you out the front gate. And I think in closing my only last item is I will quickly, when I'm done talking, I will hand out -- we have a statement from every neighbor that's on the existing facility that you just saw that backs up to the ten foot reduced setback and I will hand those out before I depart and I guess we will respectfully adhere to your direction on the 25 foot parapets versus the enhanced office architecture and for that I will stand with any questions. Rountree: Any questions for the applicant? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: The question that will be posed is can you articulate what the specific additional features are you're referencing on the office versus the parapets? Conger: Yes. Mr. President, Council Member Borton, yeah, it will be the roof changes from hip to the barrel. We actually in this office environment -- I will come back. We have the pop outs where -- where this will actually pop towards Eagle Road, because the office is at an angle, so you will actually be seeing some stuff at 45 degree angles, instead of just, you know, the side of the building. So, we have got the pop outs to enhance the architecture. You know, we still have stuff along the other office. We have built a few more features that are popping out of this -- this facility and it would be a lot more similar to what you saw on our other facility with the barrel roofs and kind of some angles that are a little bit different and kind of don't blend in, you know, just kind of pop a little bit to give it some esthetic relief. Borton: Okay. Rountree: Other questions? Zaremba: Mr. President? Meridian City Council July 22, 2014 Page 28 of 69 Rountree: Mr. Zaremba. Zaremba: Does the office have a residence in it or is it pure office? Conger: Mr. President, Council Member Zaremba, excellent question. No, we do not have on site living residences, but we do have 24-7 security that all goes back to our corporate headquarters. But no living -- no exterior storage, no residence, just a clean, managed office. Zaremba: Thank you. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Jim, what's the square footage of the office? Conger: Yeah. Mr. President, Council Member Cavener, the office square footage is 648 square feet. Cavener: Okay Milam: Mr. President? This isn't really a question, just more of a comment, but I -- I really admire the fact that you went to the neighbors with the two project options and let them help you decide which way to go -- that you respect the neighbors and I appreciate that. Conger: Thank you. Rountree: Any further discussion? Bird: I have none. Rountree: Thank you for the moment. Conger: Thank you. Rountree: This is a public hearing on Items H and I. Does anyone wish to provide testimony? Jim, do you have any further comments that you would like to make? Okay. Council? Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 29 of 69 Bird: If nobody has any further questions that need to be done in the public -- I would -- Borton: Mr. Bird. Bird: Go ahead. Borton: I apologize, Councilman Bird, I do have one question. Bird: Okay. Borton: Not to belabor the point, but I think Mr. Conger has brought up some great points and I appreciate him gathering information from residents here and in his other project about the setback. Bill, can you give me -- or give us the -- the short version of why our UDC asks for 25 feet on these self storage facilities if -- it seems like there is ways to address the concerns with a much smaller setback. Parsons: Sure. Mr. President, Councilman Borton. The primary reason for it is because of the commercial zoning up against a residential zone. That's the primary concern of why we require it. It's a typical setback, dimensional standard that we require for any commercial development up against a residential zoning district. However, in our UDC we do allow the Council discretion to reduce that if a building and existing fencing in a landscape buffer that's under 25 feet can mitigate for those concerns and that's why we left it that way, because we realize certain uses don't always require a 25 foot landscape buffer. So, it's nice to have that flexibility in the code. If the applicant goes and works with the -- the neighbors, for example, on their support of a reduced buffer, at least helps tell that story and at least gets that information in front of you to make an informed decision on it. Borton: Mr. President, one final question. There was a comment I believe you made in your report. I don't know if Mr. Conger said it -- about with that reduced setback to the east there were additional trees that would be provided -- I presume more than what would otherwise be required. What are the specifics on those? Parsons: Sure. President Rountree, Councilman Borton, the condition as it reads in what the applicant agreed with the neighbors. He wanted a 20 -- one tree every 20 feet and, then, one -- a size two -- two two inch caliper trees spaced 20 feet apart. Perma bark. Weed barrier. And two five gallon shrubs between every tree as proposed and agreed upon with the adjacent neighbors is how the condition is written. Borton: Thank you Rountree: Other questions? Did you have anything to add to that? Okay. Bird: Mr. President? Meridian City Council July 22, 2014 Page 30 of 69 Rountree: Mr. Bird. Bird: I would move that we close the public hearings on RZ 14-004 and CUP 14-007. Milam: Second. Rountree: It's been moved and seconded to close the public hearings on Item 7-H and I. Any discussion? Bird: I have none. Rountree: All those in favor of the motion signify by aye. Opposed same sign? MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve RZ 14-004 and to include staff and applicant comments. Borton: Second for discussion. Rountree: Okay. Discussion? Borton: Some of the variables -- one of the variables was the -- the additional 25 feet on the parapets versus the -- Bird: That is not on the rezone, that will be in the CUP. That's why I didn't -- Borton: I knew that. Bird: Oh, you know better than that. Rountree: We learn something every time we -- okay. Further discussion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Excuse me. Bill. Meridian City Council July 22, 2014 Page 31 of 69 Parsons: I don't mean to interrupt, Councilman Bird. I have one request, though. If it is the desire of the Council to allow the 25 foot wide parapet there on Eagle Road, staff would recommend a condition that says alternative compliance from the planning director. As this is presented to you -- I mean when the applicant submitted their conditional use permit application, the reason why we have these requirements on the design is because we are looking at it from a design review standpoint -- what our code requires from a design -- from a design standards in our ordinance. So, the applicant did not seek alternative compliance with this application, so that's why some of these requirements were placed on the design of the building to kind of -- to help them get better aligned with our design standards in the UDC. So, if it is your desire to leave it as presented to you this evening, then, we just ask that you include that in your motion if they seek alternative compliance to allow for more metal along Eagle Road. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I, for one, was actually going to go the other direction. I'm not thrilled with having any metal facing Eagle. That is not attractive to me. It looked to me on the brief views that we got of the first facility up on Chinden that much of it was the block wall. I don't know of other people's opinions, but I don't think that any of the metal would be attractive. It would make sense for me for that entire Eagle Road fagade to be the block wall. The -- what was shown was a block wall with -- with texture and variation on the face of it. That would be a much better presentation to Eagle Road than any sections of metal in my opinion. Bird: Mr. President? Rountree: Further discussion? Mr. Bird. Bird: And I agree, Councilman Zaremba, I thought it -- he stated that that was going to be like the existing Chinden deal and to me that looked like block with some kind of a drive it system of something -- it didn't look like metal to me -- is it metal? Rountree: Mr. Bird, we will have to open the hearing back up. Bird: Oh, no. No. But I mean -- Rountree: If you wish -- if you have additional questions we certainly can do that. Bird: Yeah, I think it must be metal. Milam: Mr. President, can we review the video again? Meridian City Council July 22, 2014 Page 32 of 69 Rountree: I think it might be handier to just reopen that -- this particular hearing and if we need additional information we will have that information, so we can make an appropriate decision. Bird: Mr. President? Rountree: Mr. Bird. Bird: Upon your desire, if you would like to open the public hearing, I would sure back it. Rountree: Is that a motion? Bird: Yes, it's a motion. Borton: Second. Rountree: Okay. It's been moved and seconded to reopen the public hearing for Item 7-I. All those in favor of the motion signify by aye. Opposed same sign? Okay. MOTION CARRIED: ALL AYES. Zaremba: Mr. President? Rountree: I'm going to reopen the public hearing for Item 7-I. Zaremba: I would note for the record that I don't believe anybody left the room during the time that we had it closed. Rountree: No. Zaremba: Maybe somebody did, but came back in. Bird: Oh, she wants to talk. Rountree: Now, it's reopened. Do you have anything to add at this point, since we reopened it? Then I will get the public comment. Centers: Jack Centers. 1979 North Locust Grove in Meridian. Just to speak to the esthetics of it, when these facilities are -- basically you pour your foundation and your flatwork and the company comes and constructs these all out of metal. So, the block that was placed on Chinden Road in front, it, basically, just sits in front of the metal. That metal goes all the way through there. So, it's just a fagade. It's not any structural part, it's just merely for esthetics. So -- but it is metal along what you see there, the gray. It's a corrugated metal, you know, lifetime product. It will never need painting or resurfacing. Meridian City Council July 22, 2014 Page 33 of 69 Bird: But the fagade -- excuse me, Mr. President? The fagade it's a brick or something, isn't it? Centers: Councilman Bird, the fagade -- Bird: The fence is metal. Centers: Well, it's not a fence. It's actually the back of a building. Bird: Well, the back of a building. Centers: Yes. Bird: But the -- continuous is metal. Centers: It is. All the way. Bird: But the fagade is block or something. Centers: It is. It's a concrete masonry -- Bird: That's what I -- that's -- all right. Centers: It's a block and it has textured space to it. Bird: Yeah. I knew the back of the building was metal. Centers: Okay. Great. Bird: But I thought the fagade was -- was a block or some other -- Centers: Yeah. And it is. Bird: -- building material. Centers: It is. That's exactly what we are speaking about, so -- but -- yeah. And, then, just to, I guess, throw it out there, the block is extremely expensive. Rountree: Other -- other questions you might have of Jake? Milam: Mr. President? Rountree: Mrs. Milam. Meridian City Council July 22, 2014 Page 34 of 69 Milam: Sorry. So, the -- this outside perimeter is the back of the building? There is nothing between the building and -- there is no wall perimeter around it. The wall is -- Bird: Is the building. Centers: That is correct. Yeah. The facility is completely encased with the back of the building. Now, however, on the east side of the project adjacent to the neighbors, as well as on the north side adjacent to the regional pathway that we will be building, there are some protrusions that are built out of a Hardie plank, cementuous board product that protrude off that will break up the metal as well similar to the front, it's just a more cost effective method of achieving that break up. We have worked with staff. We did this, actually, on the facility on Chinden Road as well. But I guess just to throw that out there, that these are kind of a -- they are difficult to come up with methods to modify the look, because they are just -- they are all metal. They come, basically, in a package on a trailer and these guys put them up. So, it's not like stick framing and building and being able to, you know, make some adjustments easily, it's actually quite difficult to add stuff on here, but, you know, we just tried to do what we could with working with staff and making it similar to the other facility. Bird: Mr. President? Rountree: Mr. Bird. Bird: Jake, if I -- and I don't know how close this picture is -- schematic is, but it looks -- if I -- if I look at -- those are 25 foot parapets, it looks like about 400 feet and you have got a hundred feet of it in parapet. Is that about right? Centers: That is -- oh, excuse me, Councilman Bird, that is pretty close accurate. Yeah. So, we actually did some calculations and, I apologize, we didn't have them, but -- one thing I wanted to point out is there is a block wall actually by the entrance of the office as well. Bird: Well, yeah. Centers: That's all block. That's all block. Block. And those corners are anchored in block as well. Conger: That matches the other view from -- Centers: Right. So, everything in red is actually the concrete block wall. Bird: But what I was getting at, Jake, was the fact that about a quarter of it is going to be parapet anyway. Out of 400 feet you're going to have a hundred -- if we put 25 footers. You have four of them there, that's -- that's a hundred feet out of 400. So, there is 300 of metal showing. Meridian City Council July 22, 2014 Page 35 of 69 Milam: Twenty-five percent Centers: Well, Councilman Bird, that's not exactly accurate, because the 400 -- so, are you just talking the distance of the building then? Bird: Yeah. I'm not including the block on the end, so -- Centers: Right. Bill, we ran some percentages. Do we have those handy? I don't know if we do. We actually did some actual calculations of what the percentage of block versus metal would be on Eagle Road as -- as drawn. Perhaps we should have been a little better prepared with that, but -- I guess it doesn't matter. It's just more of a visual. We do have the evergreen landscaped trees, the cedar trees. Rountree: Are there anymore questions? Bird: I have none. Rountree: Okay. Zaremba: Mr. President? Rountree: Go ahead, Jake. Centers: It's approximately 40 percent of that -- Bird: Forty percent? Centers: When you calculate the total frontage of Eagle Road in block, including the entry. Bird: Okay. Forty percent. Rountree: Mr. Zaremba, you had a -- Zaremba: I'm just repeating my earlier comment. I'd prefer to see the whole wall in block, but my second choice would be 50 feet each. Rountree: Questions? Comments? Bird: I have none. Rountree: Jake, I know how much you enjoy that, so I appreciate you getting up. Now, the hearing is still open and, Lori, come on up. If I missed you the first time I apologize. Jones: Thank you, President Rountree and Council Members. My name is Lori Jones. I reside at 3499 East Quinn Drive, Meridian, which happens to be not the street right Meridian City Council July 22, 2014 Page 36 of 69 next to the property, but I'm around the corner. So, I am in the Sutherland Downs Subdivision. First of all, I'd like to say to Mr. Conger I do appreciate this concept. My concern would be the ten foot buffer -- a question would be is that room enough to get equipment back there to take care of the landscaping and I do know that we have had a problem with rodents and is there a -- I don't know what it takes to maintain these properties, but I would have a concern that if we cut it down to ten feet there would not be room for maintenance equipment. Thank you. Rountree: Thank you. Rountree: Excuse me, Jim. See if there is anybody else that wishes to testify. Anybody else wish to testify? Okay. Thank you. All right. Now, you get the final word. Conger: Thank you, Mr. President, Members of the Council. Jim Conger again. As far as back to the ten foot setback, there is ample room for maintenance. We have the other facility with it. It is not uncommon for, actually, numerous residential homes to be reduced to ten foot. So, maintenance from that standpoint is not an issue. If it got wider and we go to an apartment type complex the setbacks aren't going to be drastically different. They might go to 15. They won't be fenced in, so it will be a connection path with a regional pathway. So, at the end of the day the neighbors that are adjacent to this aren't here because they like the storage project, you know, the ten foot is acceptable to them. They have signed off on it in April. It is -- it beats having the apartments behind them and it really was an either/or, because that's all we had approval through the original development agreement. So, we hear the concerns of the moles and the rodents will actually be -- be a help to that. Before it's over they will be gone, but -- but, again, we respectfully request the ten feet. We have to have ten feet for this storage facility to move forward and I will stand for any further questions. Rountree: Any further questions? Bird: I have none. Conger: All right. Thank you. Rountree: Okay. Thank you. All right, Council. Try this one more time. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on CUP 14-007. Milam: Second. Meridian City Council July 22, 2014 Page 37 of 69 Rountree: It's been moved and seconded to close the public hearing on Item 7-I. Further discussion? Seeing none -- all those in favor signify by aye. Opposed same sign? MOTION CARRIED: ALL AYES. Rountree: Mr. Bird. Bird: Mr. President, I move we approve CUP 14-007 with allowing the ten foot setbacks. Adding the parapet 25 foot that faces Eagle. Let's see. What else? These have all been struck. Am I missing anything? Rountree: Alternative compliance. Bird: The alternative compliance. Yes. State that. And also to -- to take staff and public and applicant comments. Can't think of anything else I need to -- Borton: Second. Rountree: It's been moved and seconded. Discussion? Borton: Mr. President? Rountree: Mr. Borton. Borton: The elements -- additional improved architectural elements to the office building -- Bird: That was part of his statement if we went to the 25 foot. Borton: And that would be part of your motion to include that? Bird: That was part of the motion, yes. Milam: Mr. President? Well, I'm only a little bit concerned reducing those to two of them at 50 feet each, because we are -- I guess that there was 800 feet of frontage, which if we just have two parapets that are 25 feet each -- it should at least be equal to the one that -- Bird: This is part of his testimony. There is four of them. Milam: But you said two. On here it says two. So, is it two or is it four? Bird: The motion -- the maker of the motion would state there will be four parapets, two plus the two corners, let's put it that way. That makes four and that's what -- Meridian City Council July 22, 2014 Page 38 of 69 Rountree: Any further discussion on the motion? Milam: None. Rountree: I'm not even going to attempt to repeat the motion. Bird: Me neither. Rountree: But I think your intent is clear, so roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. J. Public Hearing: AZ 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Annexation of Approximately 6.61 Acres from RUT in Ada County to the R-15 (Medium High - Density Residential) Zoning District K. Public Hearing: PP 14-008 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Preliminary Plat Approval Consisting of Eighteen (18) Buildable Lots and Two (2) Common Lots on Approximately 5.84 Acres in the Proposed R-15 Zoning District L. Public Hearing: CUP 14-005 Shallow Creek by Steve Arnold Located Southeast Corner of N. Locust Grove Road and E. Franklin Road Request: Conditional Use Permit for a Multi - Family Development Consisting of Sixty -Eight (68) Dwelling Units (17 Four-Plexes) on Approximately 5.84 Acres of Land in the Proposed R-15 Zoning District Rountree: Okay. Moving on to Items 7-J, K, L, public hearings for Shallow Creek annexation, preliminary plat, and conditional use permit. Staff. Parson: Thank you, Council President, Members of the Council. The next item on the agenda is the Shallow Creek Subdivision. It consists of 6.60 acres of land currently zoned RUT in Ada county. The applicant is requesting to annex this property into the city with the R-15 zoning district in order to develop 68 multi -family units on the property. You can see to the north we have existing -- or undeveloped commercial property zoned C -G. To the east is a county residence, zoned RUT in Ada county. To the south we have an existing LDS stake center currently developed and across the street on the west of -- west side of South Locust Grove Road we have an R-40 piece of ground currently developed with an existing single family residence as well. One unique Meridian City Council July 22, 2014 Page 39 of 69 aspect of this property or -- as Sonya mentioned to you earlier in her presentation is this site is heavily encumbered by not only the flood plain, but also the flood way. And so as you can see here there is actually a demarcation line on the site that shows you -- kind of delineates the area that's flood plain and the area that's flood way. And so anything within this area can be developed under the -- as long as it's approved by the city flood plain administrator. Anything within this flood way is off limits, at least can be enhanced with landscaping and that's what the applicant is proposing this evening. So, again, the preliminary plat consists of 17 -- or at least 18 buildable lots. Seventeen of those will have four-plex structures, for a total of 68 units. The Comprehensive Plan designates this site as mixed use community, just like similar to the last project. Again, the applicant is proposing a single use for this development just due to the amount of constraint on the site. You just cannot fit any additional uses on this property. So, the applicant is maximizing the most that he can based under what's allowed in the flood plain and the flood way. A single access point to this development is proposed on Locust Grove and, again, ACHD staff has recommended the location of that access point. Internal access will be provided by a common lot and it will also provide access to the street and also shared parking within the development. Because of those site constraints that I just mentioned to you, staff is not recommending cross -access with any of the adjacent properties to the east, nor to the south. So, this will be primarily served by one way in and one way out this evening. Open space for this development -- because of that large flood plain and flood way on the site the applicant is showing 3.85 acres of open space. A majority of that is due to the enhancement to the floodway. And, then, also internal to the site we have pedestrian walkways, a sitting area, a clubhouse as an amenity, and, then, the applicant is also proposing to construct a portion of the multi -use pathway right along the fringe between the flood plain and the flood way. Staff does have conditions of approval that before development can occur on the site they need to secure those approvals from the irrigation district from the city and also from the Army Corps of Engineers as far as reclamation or any changes to the flood way. So, we do have adequate conditions in place moving forward. Here are the architectural renderings for this -- for you this evening. Because we do not want a monotonous development out there, we are recommending that the applicant provide three distinct elevations for the site, three distinct color pallets for the site, all of the covered parking within the development, the carports, as well as the units themselves will all have to be complimentary colors. You can see here here is some examples of existing four-plexes built throughout the community. The applicant wants to bring this same color pallet to this development as well and the design of the carport structure actually emulates or tries to blend in with the belly band here, so it's low profiled, try to make it blend into the development so it doesn't stand out and staff does have a condition that this also be powder coated or color painted to match the color scheme of the development as well. The Planning and Zoning Commission did recommend approval of this project at their June 19th hearing. We had Steve Arnold testifying in favor. Several of the neighbors did come out and testify in opposition of this project. That was Rod Cullip, Helen and Dale Sharp, John and Maryann Duncan and Melanie Hensman testified in apposition of the project. Their primary concerns were parking and density up against their residential subdivision, which is actually approximately eight hundred feet to the east off of Locust Grove. But they had concerns with this moving Meridian City Council July 22, 2014 Page 40 of 69 forward and they were concerned about the additional traffic in the area. Probably the two primary items of discussion by the Commission were what were the adjacent land uses next to this development and I would report to Council that it is mixed use commercial -- mixed use community as well. So, it's consistent with this property as well, it's just currently in the county. And, then, further to the east of that there is a C -G zone property that has a development agreement on it. So, there is quite a bit of a buffer between this development and the residential subdivision to the east that came and testified on the project. So, there aren't any outstanding -- any changes to the recommendation to the staff report. There aren't any outstanding issues before you this evening. Staff did receive an e-mail late this afternoon from the applicant. Again, they are in agreement with all the conditions in the staff report. This concludes my presentation and I'd stand for any questions you may have. Rountree: Questions for Bill? Bird: I have none. Milam: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: I hope I'm not inventing this, but memory from way back -- we years ago had another project that was in the flood zone and my recollection is there was a requirement that they all be built on slabs, as opposed to foundations. I don't know if I'm remembering that correctly or whether that applies to this or somehow something sticks in my mind that there was an issue about not having basements or foundations and doing them on slabs. Anything there? Radek: Mr. President, Councilman Zaremba, that's correct. I believe that was Bellingham -- Bellingham maybe three, four. I think the actual requirement for slabs may have been because of high ground water, but anyway this would be permitted through David Miles and it will have to meet our lowest -- low flow requirements and that is -- I believe we are at two feet above base level elevation with the lowest floor, so -- so I have, you know, no doubt that they will be built in accordance to our regulations. Zaremba: Okay. Thank you Rountree: Questions? Bird: I have none. Borton: Mr. President? Bill, is the landscape plan -- does that have green open space in the flood way? Meridian City Council July 22, 2014 Page 41 of 69 Parson: Council President, Councilman Borton, it is. Borton: Okay. Just grass and trees? Parson: That is correct at this point in time. In speaking with our flood plain administrator it -- the amount of trees that you see in that flood way may not occur, so -- but there is -- there has to be further study and they have to provide that study to the Army Corps of Engineers to make sure there is no rise to the flood zone or flood plain. So, like I said, prior to even submitting a final plat they will have to provide that documentation that the analysis has been provided and approved by those three agencies. Borton: Okay. Rountree: Further questions? Bird: I have none. Zaremba: Mr. President? Rountree: David. Zaremba: Just looking at the traffic circulation, is the fire department comfortable with -- it doesn't look like there is a turnaround near the end of it, but has that been looked at? Parsons: President Rountree, Councilman Zaremba, yes, Deputy Fire Chief Perry Palmer did comment on the application and the site presented to you this evening does comply with their requirements and they are conditioned to do so. Zaremba: Thank you. Rountree: Other questions? Okay. Is the applicant here? If you would state your name and address. Arnold: Mr. President, Members of the Commission -- or Council, for the record my name is Steve Arnold. I'm with A -Team Land Consultants. 1785 Whisper Cove, Boise. 83709. Because the next six items are mine I will try to keep my presentation here tonight as brief as possible. Bill does a great job presenting and I'm afraid I would just bore you. I think what I'd like to go into first is the architectural styles, the building, that you would be approving tonight. It's a unique style. The developer actually has a patent on the building, so if he sees any of these buildings going up anywhere else within the valley they go chase the builders, but they are a two story apartment with no upper level balcony. The upper unit -- the two stories is all one unit. So, the two stories is within one unit. They offer architectural relief that's very attractive on both the outside and the inside with granite, fireplace -- granite in the kitchen. Fireplaces. So, the units Meridian City Council July 22, 2014 Page 42 of 69 here are very unique. The one thing that my client has asked me not to do is put tot lots within these -- these projects, because of the type of renters that they are getting is a higher end rent that doesn't typically afford itself to a lot of children. So, the projects in the past he's actually removed tot lots. So, the amenities that we are providing are more for an adult community. As Bill stated, we do have several unique challenges to the site. One is the flood way. We are not proposing to touch it at all. We are staying out of the flood way and building within the flood plain. Our most likely -- I have not worked too much the flood plain issues in Meridian, but typically what we do is we submit a LOMAR F and raise the site out of the flood plain, so we are not working there. One of the Council Members had a question about the ground water. It's pretty low here. But we will meet the minimum required two foot of separation. One thing that came up was the amount of landscaping that we are proposing and that is a challenge with the Army Corps, but we are going to try to put as much possible as we can in there. The natural flood ways, they are not regulated and we don't believe that we will be affecting it very much with some plantings here and there. We did meet with the LDS church to the south. One of the conditions was make a secondary connection with the water and they have agreed to work with us on that. I think that being said, the opposition that we had, like Bill stated, was over a thousand feet away and it was mainly traffic generated. ACHD has reviewed this and has improved the site entrance and the traffic for this development. And I will stand for any questions with that. Rountree: Any questions? Milam: Mr. President? Rountree: Yes. Milam: I apologize, but I missed the first part of that. But -- so, are you not renting to anybody with children? Arnold: Mr. President, Councilman Milam, no, it's not -- not that we don't rent to people with kids, but typically because of the high rent that we are getting here we don't have a lot of children that utilize that type of facility within the development. Our amenities were pathways, gazebos, with picnic areas and a clubhouse. So, the -- my client -- this is just a personal thing with him. He doesn't believe that that amenity is ever utilized within his four-plex projects, so that's why we are proposing the amenities that we are doing. But, yes, kids are allowed. So are pets. Rountree: Further questions? Don't see any. Thanks for a moment. It is a public hearing. Is there anyone wishing to provide testimony? Yes, sir. If you would state your name and address for us. Cullip: Rod Cullip. 1821 East Franklin Road. I have the R Rocking Ranch, which is right adjacent to that -- to the east and, actually, our properties are separated by Five Mile Creek. It's to the middle of the creek. And I was at the P&Z meeting and brought up a bunch of other stuff also with that and at that time I brought up the issue with the Meridian City Council July 22, 2014 Page 43 of 69 fence. We have horses. We have like 18 head of horses. We have an arena. A round pen. We do a lot of work with horses and my concern is kids getting into our property and I brought up that they actually need to put a fence or something to try to curtail that. Originally I brought up the fact that this was all filled in and I watched them fill it and they put about eight foot of fill in there and they put like six foot of fill without even putting a roller on it. So, the last two foot they compacted it. So, that's a concern that you guys might have. I don't know how you deal with that. But the other issue is it's a high density area and for that many people to be in that small of an area with just one entrance in and out and it's right on the busy road of Locust Grove right there at the corner of Franklin, that might be something you really need to consider, too. The house -- the actual design and everything looks great. I don't have any problem with that at all. It's the density. It's the traffic issue. The parking issue. Which all the other neighbors have brought up also at the P&Z. And my main concern is I got stallions, we breed, I don't want any kids or anybody getting into our property over there, which alls they have got to do is cross the creek and climb a fence, you know. So, if there is some type of fence they could put in to protect that like they did at the end of the subdivision, they did the same thing, they are going to put a fence in to keep the kids from crossing over. So, that's all I had. Rountree: Very good. Thank you. Cullip: Thank you. Rountree: Any questions for -- Cavener: Mr. President? Rountree: Yes. Cavener: Just a quick question for you, because I'm not familiar with the area. What's the -- what's the width of the -- of the creek? You know, are we talking -- Cullip: The creek is roughly ten feet at the widest area. Cavener: Follow up? Is your concern, then, that kids would, then, climb a fence and, then, have to scale or jump across the creek to get to your property? Cullip: The problem is is during the winter when the irrigation goes out the creek dries up. Cavener: Sure. Cullip: So, they can just walk across and I have had problems with them and I have had problems with them at the end subdivision and they are like a half a mile away and they still got in throwing rocks at my horses and everything. It's just been a mess, so -- Meridian City Council July 22, 2014 Page 44 of 69 Cavener: Appreciate it. Thank you. Cullip: Yeah. I appreciate it. Thank you for your time Rountree: Thanks, Rod. Anyone else wish to provide testimony? Very good. Steve, do you want to provide a wrap up, respond to the issues? Arnold: I guess in regard to the fence, you know, this is a regional pathway that we are constructing there. The only option for the fence would be on our side. We'd like not to box it in. The width between the properly and probably where the horses are is probably 50 -- some places maybe wider -- foot wide. It would not be -- I don't think conducive to the project as a whole to fence it in, so with that I will stand for any questions. Rountree: Any questions? Bird: I have none. Rountree: Okay. Thank you. Any discussion? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. Borton: Maybe it sparks discussion or not. I think it's a great product. My hesitancy is whether it's the right location for it. And I appreciate what -- what Steve said and what they have tried to do and -- but this location is a tough one. It's a tough piece of ground, I understand, but putting 68 units right near Franklin and Locust Grove on the corner or close to the corner is concerning. Rountree: Further comment? Bird: Mr. President? Rountree: Mr. Bird. Bird: I do have some concern on the entrance way and I know ACHD has already approved it and everything and I don't know if it's a full in and out or just a right -in and right -out, because as close it is to Franklin and Locust Grove corner and the traffic that is on Locust Grove, I -- I can see some I think traffic problems, but I'm not -- you know, that's -- that's what we have got ACHD for to do that -- call that shot, but it don't -- it don't look -- I'm quite concerned about the in and out on that project. I wish there was another place they could -- or farther back at least a quarter mile or so that they could go back. But that it is very very close to the intersection in my opinion. Meridian City Council July 22, 2014 Page 45 of 69 Rountree: Any other discussion? What's your pleasure? Bird: Mr. President? Rountree: Mr. Bird. Bird: I guess if we are going to do it, I better do it. I move that we close the public hearings on AZ 14-008, PP 14-008 and CUP 14-005. Rountree: Do I have a second? Milam: Second. Rountree: That is a second? Milam: Yeah. Rountree: It's been moved and seconded to close the public hearings on Item 7-J, K and L. All those in favor of the motion signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Rountree: All right. Is there further discussion? Milam: Mr. President? Rountree: Yes. Milam: I don't know. I just -- I would like it a lot more if it had maybe a few less buildings, some more open space, and amenities and a fence around it. And the road farther back. Rountree: I'm not sure you can re-engineer it to that extent. Milam: Okay. Bird: Get your checkbook out and buy the property. Milam: Okay. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 46 of 69 Bird: I will take off and see what -- see how we come out. I move that we approve AZ 14-008 and to include all staff, applicant, and public testimony. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 74 Any discussion? Seeing none, roll call. Roll Call: Bird, yea; Rountree, nay; Zaremba, yea; Borton, nay; Milan, nay; Cavener, nay. MOTION FAILED: TWO AYES. FOUR NAYS. Rountree: Is there an alternative motion? If there isn't, then, Items K and L -- Bird: Are gone. Rountree: -- if I'm not mistaken, Mr. Nary, are mute at this point without the annexation? Nary: Mr. President, Members of the Council, that's correct. You would still want to take action on them. Rountree: Yes. Bird: Is there an alternative -- Rountree: If somebody has another motion they would like to make? Bird: Mr. President? Rountree: Mr. Bird. Bird: I don't have another motion, but I will move we disapprove PP 14-008 Rountree: Do I have a second? We did that already with the last -- Nary: I guess, Mr. President, Members of the Council, before you do that, you may want to remember that on the annexation you're not required to annex and you -- but you at least want to state on the record if you're going to deny it, but you might want to take care of that first before you deny the other applications. Bird: Okay. I will withdraw Nary: At least -- I would suggest you at least address that annexation one first before you deal with the other two. Meridian City Council July 22, 2014 Page 47 of 69 Bird: Mr. President? Rountree: Mr. Bird. Bird: Mr. Nary, I didn't understand you. We -- we disapproved of AZ 14-008. So, we didn't approve it, so is it automatically -- it's denied; right? Nary: No. Rountree: No. Bird: We have to make a motion to deny it? Nary: Correct. Bird: Okay. Let one of the no votes make it. Cavener: I will try and navigate through this. Rountree: You and three others could make the motion. Cavener: Maybe my question is for -- for legal. Can we approve annexation, subjugated to them placing a fence or a barrier around their property and the neighboring property? Bird: That would be the PP. Cavener: That would be the PP. Nary: So, Mr. President, Members of the Council, Council Member Cavener, yeah, you can certainly have that discussion of what other conditions may make it more attractive and require that as part of both the development agreement, so that would be part of your annexation, as well as part of your preliminary plat and the CU as to make it more compatible with your neighborhood, because -- so, you could certainly do that as part of it if you want to approve it. If you want to not approve the annexation, the state code only requires that you, basically, find that it's not in the best interest of the city at this time to annex this property. But that's totally up to you at that point. Milam: We could approve the annexation, but not the plat. Nary: Mr. President, Members of the Council, Council Member Milam, what you could do is approve the annexation with conditions that you place additional conditions on both the plat and the CUP and get them part of the development agreement, whether it's fencing, whether it's -- the access point is more problematic, because that really is ACHD's, but the plat itself and the design, whether it's the number of buildings and such Meridian City Council July 22, 2014 Page 48 of 69 that are concerning to you, that that's certainly something you can, as a Council, limit if you wish. Borton: Mr. President? Rountree: Mr. Borton. Borton: I don't think it's the right time for this particular project with its density to be annexed as presented. I don't feel comfortable myself trying to redesign it here in a meeting. Rountree: Any further comments? Borton: Mr. President? Rountree: Joe, are you going to make a motion? Borton: I am. Rountree: Okay. Borton: I move that we deny Item J, AZ 14-008. Rountree: Do I have a second? Milam: Second. Rountree: It's been moved and seconded to deny the annexation for Item 7-J. Any discussion? Borton Mr. President? Rountree: Mr. Borton. Borton: Again, I echo -- I think Steve Arnold and his client have a tough parcel to work with and I think they have tried to do a good job with it. It may be tough for a while, but -- Rountree: Further comments? Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: I would say that the applicant has done a very good job in light of their limitations of design project. I think that ACHD has signed off on it. We have heard Meridian City Council July 22, 2014 Page 49 of 69 from fire, they don't have any issues. You know, I struggle with saying come back with a better mousetrap. I think that the applicant has done a very good job of bringing forth a mousetrap that works for the piece of property. Rountree: Any discussion? Okay. Motion has been made and seconded. Roll call vote. Roll Call: Bird, nay; Rountree, yea; Zaremba, nay; Borton, yea; Milan, yea; Cavener, nay. MOTION FAILED: THREE AYES. THREE NAYS. Rountree: And I can't vote twice. Let me suggest that maybe the answer here is the applicant's kind of heard our concerns, that you might want to table this to a date certain and have the applicant look at the process before you close the process and he has to start over again entirely. I get a sense that there is a desire to do something here and anticipation that it might be able to work, but it doesn't appear that we should or can reengineer this project from the dais and I think that it gives that applicants an opportunity to do that if they so wish and in doing that, Mr. Nary, can we defer it, can we give a -- it's going to take some time to try to redesign this. It's just like we can have it next week. Nary: Mr. President, Members of the Council, certainly you would have to reopen the public hearing and see if that's the desire of the applicant, because if you do deny it and -- I'm always sketchy on this, but isn't this -- wouldn't this prevent them from bringing it back for a year? Or just the same project? Just the same project. So, they could come back with a different project. But it is a lot of time and investment and if you want Mr. Arnold can certainly come up and clarify what your concerns are, so that if you set it over your next available date for a hearing is August 19th. So, you have almost a month. And if he needs longer certainly that's within your discretion, but that's your next available date anyway. Milam: Mr. President, I agree. I think that there are changes that could be made that might be able to -- that might help me make my mind up in a different manner, but I would like to see some changes on that. Rountree: So, do I have a motion to reopen the public hearing and -- Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we reopen the public hearing on Items J, K and L. I believe they were -- all three were closed. Rountree: They were. Meridian City Council July 22, 2014 Page 50 of 69 Borton: AZ 14-009, PP 14-008 and CUP 14-005. Zaremba: Second. Rountree: It's been moved and seconded to reopen Items 7-J, K, and L. Almost have that memorized. All those in favor of the motion? Opposed? MOTION CARRIED: ALL AYES. Bird: I move that we continue the public hearings for AZ 14-008, PP 14-008 and CUP 14-005 to August 19th, 2014. Rountree: Before I hear a second, Mr. Arnold, would you like to provide some comments and maybe hear -- rehear some of the things that we have concerns about, so if you desire to move forward with this after it's put off until August 19th -- your client may not want to do that. I don't know. Arnold: Mr. President, Members of the Council, yeah, we will move to the 19th, but I would like some clear direction from the Council tonight as to what would make this a more suitable project. We do have constraints. I know the entrance was brought up. ACHD has approved that. We can't really move that. I hear a fence. Now, if it is a fence -related issue, I mean -- I know my client would most likely do the fence instead of get denied, so we can make that decision tonight if that's it. Redesigning the layout -- I don't know how much I would do differently with a four-plex project. It is -- there is zoning across the way that's R-40, which is high density residential, so other than this guy just going -- this client going away, I'm not sure how much I could show you differently than what I have got, other than commit to you tonight that I would put a fence in there between the two uses and somehow coordinate that with the staff and the Army Corps of Engineers. So, if you're looking for a redesign I need I guess a little more direction. Milam: Mr. President? My -- personal, I -- unless this is a senior living -- if you're putting a fence in it will remove the pathway maybe, so -- Arnold: What I would probably propose to do is try to work with the Army Corps in locating a fence -- or moving the pathway slightly towards us. You know, if it's certain that you're looking for a tot lot, you know, again, we aren't limiting this use to any age group, it's just a preference of my client. If the Commission -- if that's something that would make it easier for you to approve tonight, I could commit to that tonight as well. It's not a preference, but, you know, I think what we have shown for amenities is adequate, but if that's what you are looking for we can commit to that tonight. Milam: Mr. President? Well -- yeah. So, I feel that you have how many -- 68 homes and nowhere for children to play. They are going to find something to do, whether it's climbing into his house or somebody else's -- there are no parks nearby, so I -- there Meridian City Council July 22, 2014 Page 51 of 69 needs to be some form of park facility for kids to play on, unless you're designating it a senior living facility. That's how I feel. Arnold: We can commit to the one of our amenities tonight as a tot lot, if that's the direction of the Council. Bird: Mr. President? Rountree: Mr. Bird. Bird: While I have concerns on the traffic, Steve, it's still -- that's ACHD's deal and they said it was okay, so I -- my -- as you know, I was in favor of doing it. I think a fence would be a real needed amenity. A tot lot I don't think is going to be used that much, but if you think that will get you through, fine with me, because I don't think you're going to find very many young kids living in that kind of an atmosphere. Arnold: Mr. President, if I can reply to the fence. We would like to do open screening type fence, because I -- if that's the direction tonight I -- I don't want to do a solid wall fencing along there. And we would -- to put the fencing on our side, we would have to provide some sort of gating to get to the pathway, so -- Bird: Mr. President? Rountree: Mr. Bird. Bird: Bill, what kind of -- what kind of fence -- could we -- do we need to have a solid fence there or could we -- could we use wrought iron or something like that? But wrought iron would be climbable -- pretty easy climbable. Parsons: Council President, Councilman Bird, the ordinance would require open vision fence adjacent to the pathway and -- or four foot solid fencing. So, you couldn't have a six foot solid fence up against the pathway, it would have to be -- Bird: Yeah. That's right. Parsons: -- either a four foot solid or some type of open vision fencing. Bird: Okay. Rountree: Again, Council, I don't think it's our job to redesign this at this point. To me the issues are fencing. There is issues about accommodation for children. And there is issues of density. I don't know how you address those issues, but those are three issues that I have heard. If you wish to take the opportunity to take your skill set and your imagination and address those, the Council can continue this until August 19th. If that's your desire. I don't see that it's going to happen tonight. Meridian City Council July 22, 2014 Page 52 of 69 Arnold: Certainly. Rountree: Okay. Thank you. Zaremba: Second the motion. Rountree: Excuse me. We are still open. Is there any further testimony? Okay, Council. Back at you. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we continue public hearings AZ 14-00 -- Rountree: We need to close the hearing. Bird: Oh. I'm sorry. I move we -- no. no. We leave it open. Rountree: Oh, that's true. That's true. You're right. Bird: Now I'm getting really confused. Rountree: I'm already confused. Bird: I move that we continue the public hearings on AZ 14-008, PP 14-008 and CUP 14-005 August 19th, 2014. Zaremba: Second. Rountree: It's been moved and seconded to continue 7-J, K and L to August 19th. Any discussion? All in favor of the motion signify by aye -- or does that need to be roll call? Okay. Opposed? All right. MOTION CARRIED: ALL AYES. M. Public Hearing: PP 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Preliminary Plat Approval of Twenty (20) Buildable Lots and Three (3) Common Lots on Approxmately 4.28 Acres in the C -G Zoning District Approved N. Public Hearing: CUP 14-006 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Conditional Use Permit Approval for a Multi -Family Development Consisting of Eighty (80) Dwelling Meridian City Council July 22, 2014 Page 53 of 69 Units (20 Four-Plexes) on Approximately 4.28 Acres in the C -G Zoning District Approved O. Public Hearing: MDA 14-007 Timbergrove by Steve Arnold Located West Side of N. Centrepoint Way and North of E. Ustick Road Request: Amend the Recorded Development Agreement for the Purpose of Excluding the Property AND Creating a New Development Agreement to Govern the Proposed Timbergrove Subdivision Rountree: Next item. 7-M, N, O. Staff. That's Timbergrove. Parsons: Thank you, Mr. President, Members of the Council. Next item on the agenda is the Timbergrove project. It's -- the architecture is pretty similar to the last design as the applicant stated. It's the same developer on this piece of ground. In this particular case it's actually seven of the vacant commercial lots that were platted with the CentrePointe Subdivision in 2006. The applicant is proposing to replat these with 20 buildable lots and going through conditional use permit to develop 80 multi -family units on the site. So, 24 four-plex structures. You can see here to the east -- or the west we have existing single family residential, zoned R-8. To the north of this project is vacant commercial ground zoned C -G and future phases of that CentrePointe commercial development. To the east we have a commercial shopping center, Kohl's and multiple various commercial uses there. And, then, to the south we would also have existing vacant commercial land zoned C -G. You can see here that this project -- the property has been vacant for quite some time, since 2003. And the applicant is, again, to discuss this proposal. Again here you can see the 20 units. This is a little bit denser than the last project. This is approximately 18.7 dwelling units to the acre, which the comp plan designation on this property is mixed use regional. Under that land use designation the Comprehensive Plan anticipates densities between six and 40 units to the acre. So, this is at the mid range at that point. If you recall in 2012 the developer did come through to the city and amend the development agreement to allow multi- family uses within the CentrePointe development. Originally when they were before you in '03 with their annexation they actually restricted the use of multi -family on the site, but they have since amended the DA to allow the use to occur on the site. The UDC does require that multi -family developments get conditional use approval in the C -G zoning district. Here is the landscaping for this site. Again, this is less landscaping than what you saw on the previous plan, but the landscaping plan before you this evening does consist of approximately 76,000 square feet or a little bit over an acre of open space. Primary open space for this development is located here central to the development, so north is oriented to the left here. Three access points to CentrePointe Road are proposed with this development and these driveways actually were aligned with existing curb cuts with a commercial development across North CentrePointe Way. One thing for -- one thing that's changed since this has come before is CentrePointe Way at one time was a local street and ACHD has since changed the classification to a collector. So, we envision this being essentially a frontage or backage road to Eagle Road in the future and it serves that at this point as well. With this subdivision improvements in Meridian City Council July 22, 2014 Page 54 of 69 2005 a ten foot wide landscape buffer was installed with the development of those commercial lots and the Council at that time also approved a ten foot landscape buffer adjacent to the single family residences along the west boundary where moving my cursor here. So, what you see here -- all these -- and the applicant's actually tilted the buildings at an angle, so only a portion or a corner of that building is at the ten foot setback, the rest of it opens up to provide more open space or provide less bulk and scale adjacent to those single family residences. So, we do -- I like the design of how they have positioned the buildings and show that as more open space and also provide that compatibility with the HOA's and single family residences. The proposed amenity for this development would be an existing -- or a clubhouse here adjacent to CentrePointe Way. We have a large tot lot here -- or plaza area and, then, multiple sitting areas within the area. One item that we were requesting -- that's been changed since Planning and Zoning Commission was -- the construction of this driveway to that commercial lot and I will get into that in a little bit more as I move forward through my presentation. So, these elevations are very similar to what was presented to you in my last hearing -- or last presentation. Again, we are looking for a mix of building materials within the development. Multiple color schemes. And, then, also all the carport structures to match the color scheme development as well and here again are the examples. Here is the elevation of the clubhouse. It, too, should have the same mix of materials as the proposed multi -family units and, then, this is, basically, a schematic of the proposed picnic areas for the development. Because this property is subject to multiple development agreements and the applicant is -- had to -- in order to administer this development staff felt that it was cleaner for them to extract this proposed development away from the original CentrePointe DA and have them enter into a new DA with the city. And so these are the recommended provisions before you this evening with a DA modification. We are tying them to their layout. Their density. And, then, also any future ordinances and, then, extracting them from the previous two DAs that are restricted to the site. So, the Planning and Zoning Commission did recommend approval of the project at the June 19th hearing. Testifying in favor was Steve Arnold. No one testified in opposition of the application. Jonathan Seel did testify on the application and wanted some clarifications and I will dive into that a little bit more and, then, David John, who is an adjacent property owner within the Champion Park Subdivision also spoke on the application. Mr. Arnold and Jonathan Seel did submit written testimony on the application. And there were quite a few items that were discussed at that hearing. The first one was the alignment of the southern access point -- if I can go back here to the site plan, it shows how it will interface with that commercial lot along Ustick Road. So, the Commission was concerned about funneling that commercial traffic just through that portion of the development, so they were wondering how they could realign this access point. As I mentioned to the Commission, this is set in stone. ACHD supports this location. It does align with the driveway across the street and so this shouldn't be impacted too much by that commercial lot. It is a single lot, but that was a topic of discussion and one of the changes to the staff report requires that the driveway actually be constructed to that boundary. Not just get an easement, but actually construct a driveway so it's in place prior to the development of the commercial lot. The other issue -- the item of discussion discussed was this proximity of this development to a collector street and how the front entrances front on a collector street Meridian City Council July 22, 2014 Page 55 of 69 and how that would interact with, again, children or pedestrian or pedestrians playing with the development and the safety concerns with that. The second -- the third item was the pedestrian connection with Champion Park that you can see here. I know a lot of the adjacent neighbors -- or at least some of the residents in Champion Park believe that this is not a micropath connection, it's merely an access road to get you to the pump station. But it is a multi -path -- a micropath and it needs to tie into the development to not only link this development with the commercial to the east, but also allow these residents access to get to Champion Park that's developed in their subdivision the city park. So, staff believes this is a very important connection for this development because of the limited amount of open space, although it does comply with the ordinance, that amenity so close by to this development will be an enhancement to this development. So, we certainly want that connection to remain in place. So, there were several conditions modified as I testified. One was the requiring of the construction of the driveway to the south boundary and the other issue that was brought up -- or Mr. Seel in his testimony -- written testimony wanted to make it clear that staff has a condition that there is actually a 30 foot wide landscape buffer developed between the central access and this other access, we wanted to make sure that that would happen on the west side of the roadway and not on the commercial lot. So, Mr. Seel felt the language wasn't very clear, so we have clarified that this is actually to happen with this development on the west side of North CentrePointe Way. And so that two outstanding issues before you this evening -- one would be -- or at least one outstanding issue for you to act on this evening is pretty similar to what we dealt with on the Citadel project. The way the ordinance is structured is whenever you have residential uses adjacent to a commercial use we require a 25 foot landscape buffer. Well, at the time that these commercial lots came in residential wasn't contemplated, so that portion of the ordinance didn't apply. Now that the applicant is proposing a residential use up against this commercial lot now all of a sudden we have put the burden on this commercial lot to construct a 25 foot wide landscape buffer. Now that we have a DA opened up for the CentrePointe development the applicant is requesting that the Council modify the requirement for that landscape buffer and add a DA provision that states that they construct a five foot wide landscape buffer on the commercial lot. I would mention to Council that this building as it sits here adjacent to that commercial lot is approximately 12 feet from the boundary. So, if you were to allow the five foot landscape buffer here, you, essentially, would have a 17 foot setback between this multi -family structure and the parking lot or a commercial building. And this lot here, which is to the west, is also zoned C -G commercial, so it, too, has some requirements for landscape. That landscape buffer has already been installed with that commercial lot, so there aren't any concerns with the commercial lot within the Champion Park Subdivision. So, we are merely -- the applicant would like you to take -- address that landscape for this commercial lot as part of the changes to the DA if someone planned to do that this evening. Other than that outstanding issue, staff has not -- has received written testimony from the applicant again late this afternoon. They are in agreement with all the changes and conditions in the staff report. Staff is recommending approval. Planning and Zoning did recommend approval and I will stand for any questions you have. Meridian City Council July 22, 2014 Page 56 of 69 Rountree: Questions for Bill? Bird: I have none. Rountree: Very good. Steve. Arnold: Name and address again? Rountree: Please. Arnold: Steve Arnold. A -Team Land Consultants, 1785 Whisper Cove, Boise. 83709. 1 won't go into much of the building design on this. I have kind of addressed it in the previous one. I will note that in addition to what Bill's talked about, if you will notice the buildings adjacent to the west side of the project are different than the ones facing the north side -- of the east side and one of the reasons that we modified that building was so there would be no sidewalk in the back of the lots. That's not creating issues with the police and vision in the back that I also tried to line up as best possible the -- there is townhouses to the west of us and I tried to make it equal, one unit backing up to each townhouse unit, so that was the reason for the difference in the building and the elevations there. As Bill stated we eliminated one of the entrances onto CentrePointe Way, which made ACHD happy, because once you go from a commercial street to a collector they have access restrictions, so allowing to do the north -south drive aisle that we are proposing, we were able to eliminate some of the access points. The main access is there centered and it's aligned with the main drive aisle through the east of us within the commercial development and as Bill stated, we are not asking for the development agreement modification, but we are in agreement with the request from Mr. Seel to modify the development of the DA to allow for a five foot wide buffer there at our south boundary and we are in agreement with the request to pave that approach right -- that was my bad, I should have shown that in the first place. I guess with that being said I will stand for any questions. Rountree: Questions? Milam: Mr. President? Rountree: Genesis. Milam: So, is there -- so, there is no fencing on this one anywhere around the perimeter; is that correct? Arnold: There is fencing adjacent to the west, but high vinyl. Milam: Okay. Rountree: Further questions? Thank you. This is a public hearing -- several public hearings. Anyone wish to testify? Jonathan, welcome. Meridian City Council July 22, 2014 Page 57 of 69 Seel: Good evening, President, Commissioners, Jonathan Seel, W.H. Moore Company. 1940 Bonito. As some of you probably remember, I have been involved in this project since the beginning. I can remember when it was an alfalfa field and back then when I was going through approvals I would have never envisioned I would be standing here today advocating for residential. If Anna Canning was here today she would probably be over there rolling on the floor right now. But the truth of the matter is we envisioned originally that this would be potentially some type of back office use or some type of limited retail, such as a tire store or something. But the truth of the matter is we have had zero -- literally zero interest in this land since we have developed it. And so we really feel at this point that the next suitable use for it is this type of project. Again, it is a good transition between commercial and single family. We think it is a nice design. Obviously it's limited with the width. So, again, tonight I would ask that you do approve this project, because I think the only other option for us is that it would remain a weed field for who knows how long, unfortunately. The other request I had is that -- as Bill talked about the five foot buffer, which borders our property -- if I can -- I think this -- right there. Of the matter is -- as Bill mentioned to you, that drive lane is capped in concrete, literally and figuratively, and if we were required to do a 25 foot buffer there that would make that lot, which would be to the border of Ustick Road almost unbuildable. It's a very small lot as it is. So, that's why we are asking for an exception tonight to reduce that to five feet. I think the truth of the matter is there shouldn't be any surprise to anybody that's coming in this particular development that they know they are going to have some type of commercial development, whatever it is, surrounding it along here, so we simply ask you to approve that. With that I will stand for any questions you have. Rountree: Any questions? Bird: I have none. Rountree: Anyone else wish to testify? Steve, do you have any wrap up? Okay. Thank you. Council, any questions? Discussion? Motion? Borton: Mr. President? Rountree: Mr. Borton. Bird: I move we close the public hearing on Item PP 14-007, CUP 14-006 and MDA 14-007. Milam: Second. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 7-M, N, O. All those in favor of the motion signify by aye. Meridian City Council July 22, 2014 Page 58 of 69 MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: Unless there is some discussion, I would move that we approve Items -- M is the number? Rountree: M. 7-M. Borton: -- 7-M, PP 14-007, to include staff and applicant comments. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-M. Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Borton: Mr. President? Borton: I would move that we approve Item 7-N, CUP 14-006. Milam: Second. Rountree: It's been moved and seconded to approve item 7-N. Any discussion? Zaremba: Discussion if I may, Mr. President. I think we had a choice. I'm agreeing with the most recent thing staff said about the five foot landscape buffer on the south and making that connection with a cross -access at that south driveway. I also would reinforce what staff -- what Bill said about the existing pathway into the west subdivision. It was always the intent that that be a pedestrian access between the residential and the commercial and I appreciate that this applicant has accommodated that. Those are my comments. I just wanted to make sure that's what we were talking about. Rountree: Any other comments? Discussion? Bird: I have none. Meridian City Council July 22, 2014 Page 59 of 69 Rountree: Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move we approve Item 7-0, MDA 14-007, a modified development agreement. Milam: Second. Rountree: It's been moved and seconded to approve Item 7-0. Discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: My question for Council -- that doesn't necessarily wrap up the five foot buffer on the commercial lot to the west of this -- actually to the south of this on Ustick. So, what's the Council's desire there? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: We have had a similar situation to this once or twice in the past and the most recent one that I am thinking of we stated that the property where the use was changing is where the buffer had to go. We have already approved this plan without saying that the 25 foot buffer had to be on the property. I think that we have -- the issue is there was never a requirement for the 25 foot buffer on the south -- on the property to the south of this and making residential out of this should not put the burden on that property to provide the buffer. If we didn't require it on the residential property who is the one making the change, I think we can exempt the existing preconceived commercial property from taking on that burden. I don't see that that should be an issue under the law. Rountree: Caleb, do you have a comment? Hood: Mr. President, just a comment on that. I like -- I like your train of thought there. Unfortunately, we do need the record, because the onus is on the developer of the Meridian City Council July 22, 2014 Page 60 of 69 currently vacant lot to mitigate their impact on the residential. It doesn't take into account that before it was all planned for commercial. So, on the record it would be certainly clearer and part of -- since the development agreement was already open, you specify that there needs to be a certain buffer width between these two lots, that way it's clear. Certainly that train of thought makes some sense that we need to actually put that, because if someone looks at just development review of that vacant lot, the ordinance says you provide the buffer to residential. It's not the other way around, so if we could amend the last motion or somehow include that in a sub motion or another motion to just -- Bird: Mr. President? Rountree: Mr. Bird. Bird: If the maker of the motion would just state including all staff, public, and applicant comments that covers that five foot buffer, because Bill was very clear about it. Zaremba: Well -- and, Mr. President, my comments before we voted specifically pointed out that we all knew we were approving the south property to have the five foot buffer and that was my intent to have that as part of the record. I guess my question is for Caleb, do you think we need a separate motion that applies only to the south property? Hood: Unless legal staff says otherwise, I do. Councilman Zaremba, your comments were made while you were talking about the plat and the CU. Zaremba: Yes. Hood: Now is the time to act on the development agreement modification. That's what applies to Mr. Seel's property that they are maintaining. So, anything that runs with that land needs to be done when you're acting on something that is on that property and that's the development agreement that applies to all of CentrePointe. Zaremba: I'm getting the legal technicality. Thanks. We know what we want to accomplish. Hood: I'm sorry for being so bureaucratic in that, but -- Zaremba: No. You make a good point. Hood: -- it does need to go with that application. Zaremba: Yeah. Rountree: I would suggest that a second motion identifying that as our desire with the open MDA would take care of the matter and have the record very clear. Meridian City Council July 22, 2014 Page 61 of 69 Bird: I agree. Borton: I will take a shot at it. Rountree: Okay. Borton: Mr. President? Rountree: Mr. Borton. Borton: I move we approve 7-0, MDA 14-007, the modified development agreement, and to include in that approval the approval of a five foot wide landscape buffer along the north boundary of the commercial property directly south of this project. Bird: Second. Rountree: It's been moved and seconded to provide that language in the modified develop agreement. Any further discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Adoption of the Tentatively Proposed Revenues and Expenditures for Fiscal Year 2015 for the Amount of $93,757,229 Rountree: Okay. We are at Department Reports, Item 8-A, the adoption of the tentative proposed revenue and expenditures for FY -2015. Mr. Bird. Bird: Mr. President, I move that we send forward the tentatively approved revenues and expenditures for fiscal year 2015 in the amount of 93,757,229 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-A in the amount stated. Any discussion? All those -- no. This is a roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Meridian City Council July 22, 2014 Page 62 of 69 B. Approval of the Amended Revenues and Expenditures for Fiscal Year 2014 in the Amount of $91,485,197 Nary: Mr. President? Rountree: Yes. Nary: Mr. President, Members of the Council, I guess maybe be more for the public record, because we have had some public comment, that all you're doing with this motion -- and I know all of you know this, but for those that are maybe watching at home or in the audience, this is simply setting your ceiling for the advertisement for your public hearing in August. So, we have had some folks already comment thinking this was approving your budget and it's not. So, I just wanted to make that clear. And the next item is approving the amount that we will, then, put in ordinance in August for the final close out of this current fiscal year's budget. Rountree: Okay. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve the 2014 fiscal year amended revenues and expenditures in the amount of 91,485,197 dollars. Zaremba: Second. Rountree: It's been moved and seconded to approve Item 8-B. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. C. Legal Department: Agreement for Professional Services with Corbett Auctions and Appraisals, Inc. Rountree: Next item is 8-C. Bill, can you give us a rundown on that? Nary: Yes. Thank you, Mr. President, Members of the Council. This one is a little bit unusual, but you have two items, C and D. C is simply a professional services agreement with Corbett Auctions and Appraisals to run an auction for the city. We are actually doing this jointly with the city of Boise and with Ada County Sheriff's Office. Item D is something unusual that you haven't seen before, because the law changed recently. In the past when we had seized firearms that were still usable, the department Meridian City Council July 22, 2014 Page 63 of 69 under certain conditions could convert them for police use or we would just have them destroyed. Now the law requires, if they are still usable, that they be auctioned off. And so unless they have a serial number filed off or not usable or been altered off, they have to be auctioned and so the three agencies found it was easier and more valuable to combine all those efforts into one auction and so we have it scheduled in August. This is just a contract approving the engagement with Corbett and moving forward and, then, this is the disposition of that property. It's not technically the city's, but it's in our possession. So, Item D is simply a resolution acknowledging that. Bird: Mr. President? Rountree: Questions? Yes, Mr. Bird. Bird: Bill, would you explain for the public where the money goes that we -- come in from this auction on our part of the guns? Nary: I think the money just comes back to the city. Bird: It comes back into the General Fund? Nary: Correct. In the General Fund. So, yeah, it's actually a -- I don't know if it's even a -- law enforcement directed, I think it just simple goes back to the General Fund. Bird: Yeah. I just wanted to clarify. Nary: Sure. D. Legal Department: Resolution No. # 14-1001: A Resolution Setting Forth Certain Findings and Purposes to Authorize Sale at Public Auction of Firearms in Custody of the Meridian Police Department due to Abandonment, Impound, Leaving, or Release from Attachment. Rountree: Other questions? Very good. Item 8-D. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we approve resolution number 14-1001. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-D. Discussion? Roll call, please. Meridian City Council July 22, 2014 Page 64 of 69 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Nary: Mr. President, you would also have -- you need to approve the professional services agreement as well. Bird: Oh, I'm sorry. Rountree: Oh. Yeah. All right. Going back to Item C. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the agreement for professional services with Corbett Auctions and Appraisals, Incorporated. Milam: Second. Rountree: It's been moved and seconded to approve Item 8-C. Any discussion? Roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics A. Selection of Date and Discussion Regarding a Joint Meeting with City of Kuna in Regards to South Meridian Rountree: Future Meeting Topics. There is one -- one item on our list. Robert, are you going to give us -- Caleb, Robert, none of your team? Caleb: Council President, we actually drew straws and Jacy was going to -- Rountree: Okay. Caleb: If you want to I can -- Jones: We will give it a go. Mr. President, Council Members, Wendy with the city of Kuna has reached out to us. She would like to have -- schedule a joint meeting with our group and theirs to discuss the area of impact on Kuna and Meridian's border. They Meridian City Council July 22, 2014 Page 65 of 69 have discussed potential dates. July 29th, which is next Tuesday, was one date that's suggested. August 12th following your workshop has also been proposed. Basically they would like us to go back to them with some suggested dates. They are looking at doing it potentially on a Tuesday. They regularly meet at 7:00 p.m. and they would like to host it there. So, we will take your direction on maybe a list of dates that you like and try to work with them and get their council on board and make that happen. Rountree: So, I guess there are two things here. Do you wish to meet with Kuna? And the subject is our southern borders and their northern borders and, if so, what days that have been recommended and/or are there other days you might suggest and move forward. So, what's your pleasure? Borton: Mr. President? Rountree: Mr. Borton. Borton: I, for one, think it's a great idea and any chance we can continue those discussions -- it's a great offer and we should participate yearly. As far as the date and time for me it's hard to pick, if it's a day meeting, night meeting, but we can work that out I'm sure in August and come up with something. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I agree, I think it is a good idea. Be nice to meet with them and discuss the subject in particular, maybe others as well. Just as a consideration -- and maybe Jacy already said this -- our workshop day -- we could have our regular meeting at our workshop time and, then, go to their meeting in the evening if anybody wanted to put that many hours into Council meetings on that Tuesday. Cavener: Mr. President? Rountree: Luke. Cavener: I also agree and I think that the one thing we don't want to do is risk cutting our regularly scheduled meeting short to appeal with their time table. So, I like the idea of meeting at 7:00 o'clock after our workshop session. I think that gives us ample time to conduct our business here. It makes for a long day I know for some of us, but I think that would probably work best. Rountree: Other comments? Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council July 22, 2014 Page 66 of 69 Bird: I agree, I think we need to meet with them and the 12th after our meeting we can get together and go down there and talk with them and I think it's very important that we get communication going between the two of them before communication shuts up or something. Milam: Mr. President? Did they -- do we do this at their regular meeting or can they meet earlier? I mean is it 7:00 o'clock or -- Rountree: That's a question for Caleb. Hood: Council President, Council Woman Milam, the rest of the Council, they regularly have 6:00 o'clock work sessions similar to what we have at 3:00. 1 don't think -- this isn't an action item, it's just a discussion, so I think 7:00 o'clock was mentioned. Your workshop starts at 3:00. 1 would think we could be done at 5:00 o'clock and still allow time for a little bit of a break and the drive down there, so 6:00 o'clock may be -- but I guess we could leave it up to Kuna, 6:00 or 7:00, maybe leave that in their court. Everyone seems to be leaning towards the 12th for a meeting, so 6:00 o'clock -- again, they regularly have workshops, special meetings at 6:00 p.m. Milam: Okay. Hood: If that helps. Milam: Thank you. Rountree: So, I get a general consensus that we are looking at the 12th and the timing is kind of based on what works for them. We will start our regular workshop at 3:00 and try to keep it -- Bird: Short. Rountree: -- Jacy, on a -- don't load up the agenda and we can meet that time. If 5:30 works good for them we can probably do that as well. So, is everybody in concurrence with that? Bird: I am. Rountree: All right. Very good. I will tell you that we have met several times with the mayor and the president of their council and a couple times have reached a general agreement and consensus, only to be told after meeting with their council that that's not necessarily the way their council wants to go, so I think it's an opportunity for both councils in total to get together and air our desires and see if we can come to some agreement. But, anyway, I appreciate your willingness to do that and we will try to get that done on the 12th. Meridian City Council July 22, 2014 Page 67 of 69 Zaremba: Mr. President? On the subject of future meetings, the meeting the week before that is National Night Out. Rountree: It is. Zaremba: And do we want to expose the new people to where we meet and how and talk about National Night Out a little bit? Rountree: Just give us a little low down on that. Basterrechea: Yeah. National Night Out would be just like years past. The kickoff will be at the Applebee's here in town at -- on Eagle Road at 4:15. And, then, after that's done we usually meet with Council members who are wanting to go to the different National Night Out events and you will ride with one of the command staff or a sergeant and we will run you to the different events throughout the city, so -- we usually divide it up amongst Council Members, so that we can hit as many of them as we can. So, if you are wanting to go, if you could let us know that up front, so we can divide those tasks up that would be great. Rountree: And we will get notified of that shortly about your desire and they will identify how many of these events are going on, split them up amongst the various Council people and you will have an opportunity to see a part of the city you haven't and meet some folks you hadn't seen before, so -- it is kind of an interesting night. It's fun. You eat a lot. You can eat a lot of pizza. Bird: Hot dogs. Rountree: Hot dogs. Bird: Burgers. Rountree: Anyway, we will have something out on that I think the closer we get and as they identify how many block parties there will be. Basterrechea: We usually know about the week before exactly how many block parties. So, within the next week or so we can let you know that. Rountree: Very good. That brings us to -- Nary: Mr. President? Sorry to interrupt your train of thought, Mr. President. I wondered if you wouldn't mind taking up the Item 6-L. Rountree: Yeah. I was just going to go to 11. Nary: Yeah. If we could do that one first, then, maybe Caleb could get out of here. I would let you know, Mr. President, Members of the Council, I have had some e-mail Meridian City Council July 22, 2014 Page 68 of 69 contacts with Chief Niemeyer and Caleb has had a chat with Bruce Chatterton, so I will let you know what Chief Niemeyer and Mayor has actually weighed in as well. It was the desire of the consultant Phil Eastman to meet with all of you individually and as part of the facilitated discussion. It wasn't in the -- it's not in the scope necessarily, because we can't really force any of you to participate. We would also have to be cautious of open meetings. So, we want to make sure that we are sensitive to the -- how we can do this, but it was the desire of them to include all of you in both individual meetings, as well as facilitated meetings, and it was our intention and desire tonight to have the agreement approved so we can get the work started so it can get completed by the end of September as required and you don't have another meeting until the 12th to approve anything, because on the National Night Out this year it was requested to not even have a Consent Agenda, so you won't even have a five minute meeting like we have done in the past. So, we wouldn't be able to get -- we won't have anything else in front of you until the 12th. So, that was the reason it was on tonight and I don't know if Caleb has more to add from his conversation with Bruce as to the role of the Council. Rountree: That pretty much sums it up, Caleb? Hood: It does. I guess if Councilman Borton has any other follow-up questions or hopefully that addressed it, because that's what I heard from Bruce, so -- Rountree: Okay. Mr. Borton. Borton: It does. I -- just to make sure that we are -- at least have a chance to be involved on the front end. I think the budget process has exposed that Council might have strategic directions that we haven't articulated maybe as clearly as we could and this is an opportunity and we want to make sure we can do that, so I'm comfortable going forward with that explanation. Item 11: Item 5L moved from Item 6: Approval of Professional Services Agreement for a "City Wide Strategic Plan" to Leadership Advisors, Inc. for the Not -to -Exceed Amount of $53,250.00 Rountree: So, we have that item for approval of the professional services in an amount not to exceed 53,250 dollars. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the professional service agreement with Leadership Advisors, Incorporated, for a not to exceed amount of 53,240 dollars. Borton: Second. Meridian City Council July 22, 2014 Page 69 of 69 Rountree: It's been moved and seconded to approve the Item 6-L, now 11 on our agenda. Any discussion? Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 10: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Amended onto the Agenda: Executive Session per Idaho State Code 67-2345 (1)(d): (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Rountree: That brings us back to Item 10, which is Executive Session. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(d) and (1)(f). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:57 p.m. to 9:25 p.m.) MEETING ADJOURNED AT 9:25 P.M. ( RECORD 149N_ ILE OF THESE PROCEEDINGS) TAMMY EERD, MA �co�roaarao Lc DATE APPROVED ATTEST: °sr -1-a ✓= � `'f III JAYCLEW01MAN, CITY CLE Sr4l �? ` 9 V' ,y "°A S['° e