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2013-04-09 Special JointE IDIAN--- CITY OF MERIDIAN CITY COUNCIL, URBAN LAND INSTITUTE AND MERIDIAN DEVELOPMENT CORPORATION M;J*y/_lWiel I kIALn14:kI1►[r1_[r]4ji,UI_1 Tuesday, April 9, 2013 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: David Zaremba Brad Hoaglun Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Adoption of the Agenda 3. Downtown Summit: Downtown Meridian Revitalization Progress and Next Steps Meridian City Council Special Meeting Agenda — April 9, 2013 Page 1 of 1 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 Special Joint Meeting April 9, 2013 A joint meeting of the Meridian City Council, Urban Land Institute, and Meridian Development Corporation was called to order at 5:30 p.m., Tuesday, April 9, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Charlie Rountree, and Brad Hoaglun. Others Present: Bruce Chatterton, Shaun Wardle, Caleb Hood, Craig Slocum, Bill Parsons, Brian McClure, Brenda Sherwood, Jacy Jones, Jim Escobar, Ed Miller, Eric Davis, Dan Basalone. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, we will just launch right into our regular meeting. Thank you all for joining us. For the record it is Wednesday, January 2nd. Happy New Year. It's 7:00 o'clock. We start with roll call attendance, Madam Clerk. Item 2: Adoption of the Agenda De Weerd: Yeah. We pray for you, too. Happy birthday. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under the Consent Agenda, 5-M is resolution number 13-903. Under Action Items 8-B is Ordinance No. 13-1537. And with those two items noted, Mayor, I move adoption of the agenda as printed. Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda Meridian City Council January 2, 2013 Page 2 of 20 A. Approve Minutes of December 11, 2012 City Council Workshop Meeting B. Approve Minutes of December 18, 2012 City Council Regular Meeting C. Findings of Fact, Conclusions of La: AZ 12-012 Tradewinds Subdivision by SDN, LLC Located at Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Annexation and Zoning of 10.42 Acres of Land to the R-8 Zoning District D. Findings of Fact, Conclusions of Law: PP 12-015 Tradewinds Subdivision by SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Preliminary Plat Consisting of 39 Building Lots and 3 Common / Other Lots on 9.11 Acres of Land in a Proposed R-8 Zoning District E. Findings of Fact, Conclusions of Law: AZ 12-011 Citadel Self - Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Annexation of 5.46 Acres of Land from RUT in Ada County to the C -C (Community Business District) Zoning District F. Findings of Fact, Conclusions of Law: CUP 12-016 Citadel Self - Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Conditional Use Permit Approval for a Self -Service Storage Facility Consisting of Fourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C -C Zoning District G. Findings of Fact, Conclusions of Law: VAR 12-003 Citadel Self - Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Variance for Emergency Access to Chinden Boulevard (SH 20/26) H. Final Order for Approval: TEC 12-011 Larkspur South Subdivision by Sawtooth Land Surveying Located East of S. Meridian Road and Approximately a 1/4 Mile North of E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat I. Final Order for Approval: Paramount Commercial Southwest No. 2 by Brighton Investments Located Northeast Corner of W. Meridian City Council January 2, 2013 Page 3 of 20 McMillan Road and N. Linder Road Request: Final Plat Consisting of Five (5) Commercial Lots on 3.21 Acres in a C -G Zoning District J. Water Main Easement Agreement with Tumble Creek Homeowners Association K. Approval of Contract Amendment No. 2 to the Existing Agreement for Janitorial Services to Varsity Contractors for the Not -To -Exceed Amount of $108,579.72 L. Fourth Lease Amendment Extending Terms of June 24, 2002 Lease of Space at Meridian Police Department to Idaho Department of Correction M. Resolution No. 13-903: A Resolution Donating Certain Equipment to the Jordan Valley Ambulance District De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Noted under 5-M that resolution number is 13-903. 1 move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Community Items/Presentations A. City Council: Election of New City Council Officers De Weerd: Item No. 6 under Community Items, I will turn this over to Council for their discussion. Bird: Madam Mayor? Meridian City Council January 2, 2013 Page 4 of 20 De Weerd: Mr. Bird. Bird: I think that we are doing our election and I think I will suggest that we keep the same officers we have had this last year. They deserve another year. They have done a great job and so I would move that we nominate Brad Hoaglun for president and Charlie Rountree for vice-president. Zaremba: I will second that. De Weerd: Okay. I have a motion and a second electing the slate of officers as Councilman Hoaglun as president and Councilman Rountree as vice-president. Do you accept that nomination? Hoaglun: I do, Madam Mayor. Yes. De Weerd: Okay. I just thought I would ask. Not that it matters what your answer was. We still vote and -- Hoaglun: I heard that train coming, so -- De Weerd: Okay. But I do have a motion on the floor and I will ask for Madam Clerk to, please, call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Action Items A. Public Hearing: Proposed Right of Way Property Disposition for 15 W. Broadway to Ada County Highway District by the City of Meridian De Weerd: So, we will move right into Action Items. Item 8-A is a public hearing and I will open this public hearing with staff comments. If someone wanted to comment on it. It would be a good idea not to ask me to. Nary: Okay. Madam Mayor, I was just going to give Council just a 30 second background. This is property owned by the city on the corner of Broadway and Meridian Meridian City Council January 2, 2013 Page 5 of 20 Road we purchased a few months ago. Prior to our purchase they had negotiated a right-of-way access for ACHD to construct part of the roadway, as well as part of the sidewalk once Meridian Road split corridor project was done. They negotiated, but they never actually recorded one. So, after we effected the purchase ACHD contacted us and said we were planning on doing this, but it never got accomplished, so can we do this. So, we have to follow this process, rather than the private party process to do this. So, that's all this is. It's a very minor little cleanup and clarification on the access for this purpose. De Weerd: Thank you. It is a public hearing. Is there anyone who would like to offer any thoughts on this item? Seeing none -- Zaremba: Madam Mayor? De Weerd: I couldn't get any staff to make any comments on it either, so -- Mr. Zaremba. Zaremba: Seeing no one wishing to comment, I move we close the public hearing. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. Yi141<11111[*L[e7_=11'21 sing M1IVQZ;\'/21100111111130L1=1:16y21kIa Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. B. Ordinance No. 13-1537: Authorizing the Conveyance of Real Property to Ada County Highway District (ACHD) for Right of Way Purposes Zaremba: If we are ready for Item 8-B, I move that we approve Ordinance 13-1537, authorizing conveyance of real property to Ada County Highway District for right-of-way purposes. De Weerd: Well, before I entertain your motion, I will ask that Madam Clerk, please, read this ordinance by title only. Zaremba: That would be appropriate. Sorry about that. Holman: City of Meridian Ordinance No. 13-1537, an ordinance authorizing the conveyance of certain city -owned real property to the Ada County Highway District located at 15 West Broadway Avenue. A portion of Ada County parcel number Meridian City Council January 2, 2013 Page 6 of 20 R0406000005, located in the southeast one quarter of Section 12, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho. Authorizing the Mayor and City Clerk to execute and attest on behalf of the City of Meridian the purchase agreement, deed, and other documents necessary to complete the transaction. Providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Mr. Zaremba. Zaremba: Madam Mayor, I move we approve Ordinance 13-1537, authorizing the conveyance of real property to Ada County Highway District for right-of-way purposes. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Public Hearing: PP 12-014 Karmelle by Providence Management, LLC Located East of S. Eagle Road and South of E. Victory Road Request: Preliminary Plat Approval of 43 Residential Lots and 12 Common Lots on 16.13 Acres in an R- 4 Zoning District De Weerd: Item 8-C is a public hearing on PP 12-014. 1 will open this public hearing with Bill's comments. Parsons: Thank you, Madam Mayor, Members of the Council. First application this evening is the Karmelle Subdivision. The site consists of 16.18 acres of land. It's currently zoned R-4 in the city and is located on the south side of East Victory Road, east of south Eagle Road. In 2006 Council approved the annexation and preliminary plat for the Harcort Subdivision, which this is part of. If you look at the zoning map here the property that I'm highlighting with the cursor here and the property here were part of that application at that time, but has since been sold off and are not part of the plat this evening. So, we have a remnant piece here and, then, a five acre lot here on the south side of the East Falcon Drive. To the west of the site is Ada County property zoned RUT, five acre lot, and, then, some commercially zoned property here on the corner. To the north is pasture and Sutherland Farms Subdivision zoned R-4. To the east we have pasture as well. RUT in Ada County. And, then, to the south we have county property and city property zoned RUT and R-4 four in the city. The applicant is proposing a preliminary plat consisting of 43 residential lots and 12 common lots on 16.18 acres of Meridian City Council January 2, 2013 Page 7 of 20 land. Average lot size is 8,900 square feet or, excuse me, a little over 10,000 square feet. Access to the site will be primarily from East Victory Road here, as previously approved. And, then, also secondary access will be along East Falcon Drive here, which is a public -- local street and that will connect here and, then, for a future connectivity we have two stub streets to the east consistent with Harcort Subdivision as well. Again I have highlighted which parcel will be excluded from this subdivision. It wasn't originally annexed in. Again, this is not part of this application this evening. Here is the landscape plan that the applicant is proposing. At this time the plat that's before you is deficient at ten percent open space. Open space consists of the landscape buffers along Eagle -- or Victory Road. There is a large central lot -- open space lot that will house a tot lot and, then, there is an open pond here and future connectivity along the pond lot to the commercial development to the west and, then, also the applicant is proposing a sitting area, gazebo area in this common lot here. One thing that I would mention to Council, too, if you notice you can see a canal that's bisecting the property here. That will be tiled and relocated with the development of this site and more than likely come down through the pond lot here, follow the common lot along the street here, go through the central open space here and, then, terminate at the boundary here. I would let Council know that there are several homes that exist on the property as well and those will be removed with the development of the site moving forward. The applicant has provided sample elevations for you this evening. Building materials consist of stucco, a mixture of wood siding, stone wainscoting, typical to what's developed in the area and consistent with other homes in the surrounding area as well. A provision of the preliminary plat requires compliance with these elevations. The Planning and Zoning Commission did recommend approval at their hearing on December 6. Speaking in favor was Scott Wonders and Zach Evans. Commenting on the application was Harold Krazinski and Keith Travis and Bob Aldridge submitted testimony on the application as well. One of the items of discussion by the Planning and Zoning Commission was how this residential subdivision would be buffered from the commercial on the corner. I will let Council know that I did look at the recorded development agreement for that commercial property and there is adequate buffering between the commercial zoned property and this proposed residential subdivision. So, with that there are no outstanding issues before you this evening and I'd stand for any questions you have. De Weerd: Thank you. Council, any question? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: To clarify if I heard Bill correctly, you said that there is ten percent open space to meet the requirements? Parsons: Mayor, Members of the Council, it's conditioned that they comply with the ten percent requirement. At this time we are sitting at 9.3 percent. So, slight deficiency, but easily remedied at final plat. Meridian City Council January 2, 2013 Page 8 of 20 Hoaglun: Okay. Thank you. De Weerd: Okay. Any further questions from Council? Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Wonders: Good evening. Scott Wonders from JUB, 250 South Beachwood Avenue in Boise. 83709. De Weerd: Thank you. Wonders: Appreciate Bill giving you guys an overview. I'm here to answer any questions. We are in concurrence with all the recommendations, the conditions of staff and of the Planning and Zoning Commission. We do have some unique issues with some of the remnants and outparcels. We continue to work with the neighbors. I think we have had most of those issues resolved and have been working with Bill. I think we just have a couple minor tweaks on some of the open space to meet the ten percent and I don't think there is going to be anything significant in changes to meet that. So, with that I'm here to answer any questions you may have. De Weerd: Okay. Council, do you have any questions at this time? Bird: I have none. Hoaglun: Madam Mayor, just a quick question. De Weerd: Mr. Hoaglun. Hoaglun: Scott, there was a fencing issue, some discussions about that. Has that been resolved? Wonders: Yeah. We -- I think one of the -- the letter that Mr. Aldridge submitted requested six foot vinyl fencing and we are in concurrence with that if that's the question you're referring to. Hoaglun: Yes, I was. Thank you. Wonders: So, we are okay with that. Hoaglun: Great. Thank you. Wonders: Okay. De Weerd: Anything further from Council? Meridian City Council January 2, 2013 Page 9 of 20 :IwoMIIFU-2Ti OM12 De Weerd: Okay. Thank you so much. Wonders: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Happy new year. Aldridge: Bob Aldridge. 3300 Falcon Drive. I'm the property immediately to the west of this and the issues that we have been working on I think are adequately addressed. The remaining question I think we will have worked out by final plat is going to be the irrigation system situation. Our current irrigation is on the far northwest corner of the property and we have a large pump there that originally served six of us, now it's about three of us, maybe only two of us that come off that, but there has to be some way to get the water from that pump station up to our diversion point and we discussed that and I think that will be worked out, so -- and that's the condition as I understand of the final plat. So, with that I think they have done a good job. It buffers well. It backs to our property and they have agreed to the vinyl fence. So, I think with those things in place it will be a good project. As you know, I said I wish everybody would go away and leave me alone and let it be 1983. It's not going to happen. So, I think we need to do the best job we can. I think they are doing a good job of that. I'd be happy to answer any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: Thank you. Is there any further testimony on this item? Okay. Seeing none. Council, any questions for staff? Bird: I have none. De Weerd: If not I would entertain a motion to close. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on PP 12-014. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. Meridian City Council January 2, 2013 Page 10 of 20 LVA [ft 9to] ►[6L'1VV121 DIM gum 1:7212111111: MRwe7►1OF_1:&I21►1M Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of P 12-014 with all staff, applicant, and public testimony that was brought forth tonight. Bird: Second. De Weerd: Okay. I have a motion and a second. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Public Hearing: AZ 12-013 Locust Grove Water Reservoir #2 by City of Meridian Public Works Department Located at East Side of S. Locust Grove Road, Approximately 1/4 Mile South of E. Victory Road Request: Annexation and Zoning of Four (4) Acres of Land with an R-4 Zoning District E. Public Hearing: CUP 12-017 Locust Grove Water Reservoir #2 by City of Meridian Public Works Department Located East Side of S. Locust Grove Road, Approximately 1/4 Mile South of E. Victory Road Request: Conditional Use Permit Approval for Public Infrastructure in a Proposed R-4 Zoning District, Consisting of Two (2) Million Gallon Municipal Water Storage Facility De Weerd: Item 8-D and E are two public hearings on AZ 12-013 and CUP 12-017. 1 will open these two public hearings with staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next item before you is an annexation and zoning and conditional use permit request. This site consists of four acres of land. It's currently zoned RUT in Ada County and is located on the east side of South Locust Grove Road, approximately a quarter mile south of Victory. To the north property is vacant property. A rezone to R-8 and preliminary plat with recently approved for single family residential uses, Tradewind Subdivision. It's currently zoned RUT in Ada County, waiting on the development agreement process. To the east are single family residences in Tuscany Lakes Subdivision, zoned R-4. And to the south is rural residential property zoned RUT in Ada County. And to the west is Locust Grove Meridian City Council January 2, 2013 Page 11 of 20 Road and vacant lands zoned RUT in Ada County and single family residences in Tuscany Village Subdivision, zoned R-8. The city proposes to annex the subject parcel as an R-4 zoning designation, consistent with the Comprehensive Plan map designation of medium density residential. This site is proposed to develop with a water reservoir, which is classified in the Unified Development Code as public infrastructure and requires conditional use approval in R-4 districts. This is a site plan and I'm going to flip to the landscape plan, it's a little easier to see. The proposed infrastructure consists of an above -ground water reservoir and associated equipment storage building. The reservoir consists of a circular tank 20 feet in height and 145 feet in diameter, with a two million gallon storage capacity. The equipment storage building consists of approximately 3,360 square feet and will house a series of pumps, fans, and equipment necessary for the operation of the reservoir. A backup emergency generator will be located between the structure and the reservoir and will run an average of 15 minutes per week as part of its maintenance program. In the event of a power outage the generator will provide power for the operation of the facility. Access to the site will be provided from the north via Tradewind Subdivision, currently in the approval process. If this site develops prior to the adjacent subdivision temporary access will be provided via Locust Grove Road. Once access is available from the north the temporary access would cease and be removed. This is a cross-section of the landscape proposed around the tank. A 25 foot wide landscape buffer is required along Victory and a berm, a fence, landscaping consisting of a mix of evergreen and deciduous trees and shrubs is proposed as shown around the water tank to visually buffer the proposed facility from the adjacent residential properties. All landscaping is required to be maintained in a healthy growing condition at all times. The Ten Mile creek runs along the southern boundary of the site and will remain open, as it is a natural waterway. A ten foot wide multi -use pathway is designated on the master pathways plan on this site along the north side of the creek. For this reason -- well, excuse me. There is approximately a 165 foot long gap between the existing pathway in Tuscany Lakes Subdivision and the southeast boundary of the site. For this reason staff recommends construction of the pathway on this site be delayed until the city is able to obtain an easement on the adjacent property for the extension of the pathway. Although the pathway will be constructed at a later date, staff recommends an easement for the pathway on this site be submitted, approved by Council and recorded prior to issuance of the certificate of zoning compliance. The applicant has worked extensively with surrounding property owners on the location of the reservoir, equipment structure, and the placement of the landscape berm, trees, shrubs, and fencing to provide the maximum buffer between the residents and the facility. The service area for the proposed facility is as shown. Summary of the Commission public hearing. Shawn Nickel, Matt Carden, Jim Fabor -- excuse me if I mispronounce your names -- testified in favor of the request. No one testified in opposition. Jason Bell and Scott Barker commented on the application and written testimony in favor was received by Shawn Nickel in agreement with the staff report. The Commission discussed the timing for construction of the pathway along the Ten Mile Creek and the service area for the water reservoir. There were no changes to the staff recommendation by the Commission or any outstanding issues for Council. Commission did recommend approval of the subject applicants. Staff will stand for any questions at this time. Meridian City Council January 2, 2013 Page 12 of 20 De Weerd: Thank you. Council, any questions at this point? Bird: I have none, Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: One small one, if I could. Refresh my memory. In an R-4 zone what is the height limit of the building? It's -- I was thinking 45 feet, but I don't think that's right. That's too high. Watters: I believe it's 35. 1 can give you an answer in a minute once I consult my code. Zaremba: Twenty feet is well below that. Watters: It's well below the maximum height, yes, if that's what you're after. Zaremba: That's what I was after. Thank you. De Weerd: Okay. Anything further? Nickel: Good evening, Madam Mayor. De Weerd: Happy new year. If you will, please, state your name and address for the record. Nickel: Shawn Nickel. 1589 North Estancia Place, Eagle, Idaho. De Weerd: Thank you. Nickel: Here tonight representing your Public Works Department. Good evening, Council. As staff has thoroughly gone through the project I will try not to -- to be too longwinded. Staff did -- as staff explained, this is a conditional use permit and an annexation for this four acre parcel. The conditional use permit is for public infrastructure for the 20 foot high by 145 in diameter above -ground water reservoir. It has a 3,360 square foot maintenance building that will house the service equipment, including fans and pumps within that structure. The site plan that you -- that you see before you -- staff, if you could put that back up? Thank you. Is the result of several years of work between your Public Works Department and the surrounding neighbors. Included in that were six neighborhood meetings and, then, several ongoing meetings regarding the buffering and landscaping that you see before you. The Public Works Department also did an extensive evaluation of this property in addition to other available properties in the area and determined that this was the best location for this facility. Their criteria included location to a drain, which as you know this is adjacent to Meridian City Council January 2, 2013 Page 13 of 20 the Ten Mile drain. Proper access through Idaho Power services and the least amount of impact to surrounding land uses. And, again, as I stated, the landscape plan in front of you is the result of those meetings with the neighbors to provide buffering, including -- including landscaping and we believe that we are in agreement with the neighbors on this site plan and the pathway as staff has stated will be delayed, but it is part of your master -- your master plan. Your master plan as adopted through the Comprehensive Plan. So, with that I will stand for any questions you have. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. Nickel: Thank you. De Weerd: This is a public hearing on Items 8-D and E. Is there anyone who would like to provide testimony on this item? Good even. Happy new year. Carden: Happy new year. Matt Carden. I live at 1802 East Serchio Court, the property directly east of the proposed site for the water tank. De Weerd: Thank you, Matt. Carden: Thank you. Thanks for letting us be here and be able to speak. We have -- as mentioned by Mr. Nickel, we have spent the last couple years looking at this site and working with the Public Works Department to come to an alignment on the needs of the -- the local community in the area and have been very satisfied with the -- where we have been able to work with and work that out. That being said, I did want to go on the record and mention, you know, this was not, obviously, the first place that we wanted to see a water tank being in our residence community that has been built several years past, but also understand the implications of where we stand today and the needs of the city and in good faith as citizens we felt like it was certainly something that we could hold up so that we could have the proper infrastructure. I did want to go on the record and just say for myself and the group that had worked with the Planning and Zoning committee -- or, I'm sorry, the Public Works Department I should mention, that we do find an agreement on where we netted out, so long as the plans that we agreed upon are actually carried out and felt very comfortable with the vegetation and the other things that they were doing to make the site more esthetically pleasing. So, I wanted to go on record and say those things and appreciate the time. De Weerd: Thank you, Matt. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council January 2, 2013 Page 14 of 20 Hoaglun: Matt, I was just curious out of those two houses are you the one on the north side or the south side? Carden: Directly on the east of where the water tank -- Hoaglun: On the east side and, then, there is two houses they show on the east side, which -- Carden: So, I'm on the north. Hoaglun: You're on the north end of that? Okay. And as things go along -- I mean Public Works construction -- if you contact them if there is any questions feel free to contact us as well, so -- it's important that we get it right. Carden: Great. Appreciate it. De Weerd: You probably already have their number on speed dial. Carden: Not quite, but -- yeah. De Weerd: I think they have yours on speed dial. Thank you. Carden: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I just wanted to thank you for your participation in the project and I think your effort, along with some of your neighbors, has raised the bar on -- on this development and the city certainly wants to make it -- as well as a productive operation, it needs to be attractive as well and we are hoping it will be an addition to your neighborhood, certainly the guarantee that you will have good water pressure is hopefully a good thing, but mostly I wanted to thank you for your participation and cooperation and all of that. Thank you. Carden: We appreciate it. Bird: Thank you. Carden: Thank you. De Weerd: Thank you. Anyone else? Meridian City Council January 2, 2013 Page 15 of 20 Gibbons: Madam Mayor, Members of the Council, I'm following through on the commitment to the neighbors that we struck as we worked through this process. In that -- De Weerd: Do you want to give your name first, Jay. Gibbons: Jay Gibbons. De Weerd: Thank you. Gibbons: I am the pathways project -- or pathways project manager for the City of Meridian Parks and Rec Department, 33 East Broadway, Meridian, Idaho. So, I wanted to provide some clarification as far as the pathway is concerned. It is shown on our pathways master plan as most recently adopted in January of 2012 indicates a pathway that connects from some of the existing pathways along the Ten Mile Creek itself that was built as part of the Tuscany and Tuscany Lakes development a few years ago. There is a -- can you go to the -- that has the aerial. I know there is -- one back. Right there. So, there is -- right in this area there is tot lot. There is an existing pathway along Ten Mile Creek -- it's on the north side and it ties into that tot lot and, then, turns up to the street. So, there is -- as staff previously spoke, there is about 165 foot gap from existing to what the city's new property boundary would be. Through this process we have found that the neighbors are pretty against connecting that pathway currently -- as it currently is and so I applaud the Public Works Department for listening to the neighbors and reserving space as part of their project for a future pathway extension should we be able to successfully negotiate a pathway easement to make that connection. If that doesn't happen it's down the road, but that gives me something to go back and talk to the neighbors about and see what happens going forward. But they were -- they were pretty adamant about it and I'm going to -- I'm going to abide by their wishes at this point. And that's -- and I will involve them in the process if we go to the homeowners association and the neighbors themselves and talk further about a pathway easement for it, but at this time the application is conditioned that the pathway won't be constructed until such time as this 165 foot easement is secured by the city. So, with that I will stand for any questions. De Weerd: Thank you, Jay. Any questions from Council? Bird: I have none. De Weerd: Okay. Thank you. Gibbons: Thank you. De Weerd: Additional testimony? Any other comments? I see a couple of residents, but -- okay. Any other staff comments? Council, any further information needed? Bird: I have none. Meridian City Council January 2, 2013 Page 16 of 20 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Seeing no further comments, I move we close both public hearings, Items 8- D and E. 11=0l<. -.•2%I De Weerd: I have a motion and a second to close the public hearings on Items 8-D and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would only comment that this is an important project to our Public Works Department and appreciate all the effort that everybody has put into it, the neighbors, the community, and the Public Works Department and something that will enable us to move forward and, as I say, have good water pressure and some additional zones and with that I move we approval AZ 12-013, to include all staff comments and applicant -- we are the applicant I guess. All applicant and staff comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-D. Any discussion on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Item 8-E. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve CUP 12-017, again, with all staff and applicant comments and public comments. Meridian City Council January 2, 2013 Page 17 of 20 Bird: Second. De Weerd: I have a motion and a second to approve Item 8-E. Any discussion on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Zaremba, did that include not doing the pathway until the easement is -- Zaremba: Yes. Bird: -- in the other area? Zaremba: Yes. The maker of the motion intends that the pathway can be delayed. Bird: Okay. Second agrees. De Weerd: Okay. Any further discussion? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick comment to echo Councilman Zaremba. We do appreciate the effort that Mr. Carden, his involvement, and all the folks and staff of Public Works. This was a long effort, but I think well worthwhile, because we have a project now that started out with people up in arms going what's going on and not happy about it to something they can live with and now we just have to fulfill our end of the bargain and do a -- do a quality job out there and I think everyone will be happy, so appreciate everyone's hard work on that. Thanks. De Weerd: Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: I would just echo the councilmen's comments. You know, I'm a big fan of the public process and this shows you the value of including the public in the process and so appreciate the tenacity, the fortitude and the tenacious focus on making sure that this is a good project and this may be the beginning, but it's not the end and I'm sure to the homeowners association and to the neighbors our Public Works Department Meridian City Council January 2, 2013 Page 18 of 20 will make sure you have contact information in case you need to make phone calls. So, thank you to staff. Appreciate all of your diligence. And I think this -- this was your baby, Clint? So, congratulations. Item 9: Department Reports A. Police Department: Budget Amendment for Victim Witness Donation De Weerd: Okay. Item 8 -- or 9-A is under our Police Department. I will turn this over to Lieutenant Leslie. Leslie: Madam Mayor, City Council, thank you. This is a budget amendment for some money that was donated to us by Leadership Meridian, the 2012 Legacy Challenge, to our victim witness unit. I think it was 6,148 dollars, if that's -- if my memory serves me correct, for the budget amendment. That money will be used by our victim witness coordinators to help families in crisis. When we go out a lot of times children are involved and families are displaced during domestic battery type situations or crimes against individuals and so this money has been donated by Leadership Meridian and I Jaycee Holman was the chairman of that process, so that's all I have. Any questions? De Weerd: Any questions for Lieutenant Leslie? Bird: I have none. De Weerd: I think it's tremendous that they selected this as their project and -- because certainly we know that when there is a victim there is a huge need for this kind of support and outreach. So, appreciate it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: With thanks to Jaycee Holman and her leadership in raising these funds and getting them donated, I would move approval of the budget amendment for the Police Department in the amount of 6,148 dollars for the victim witness program. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 2, 2013 Page 19 of 20 LVA [09to] \[6L'1VV121DIM gum IC 21mr.1 zRW6]\1mr.1:&A210111M Item 10: Future Meeting Topics De Weerd: Item 10 is Future Meeting Topics. Council, do you have any topics for future agenda items? Bird: Not at this point. De Weerd: Okay. Well, it is 20 to 8:00. This is happy new year to -- to you. I would entertain a motion to adjourn. Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY DE WEERD ATTEST: JAYCEE HOLMAN, CITY DATE APPROVED