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2019-07-23 Regular
CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 23, 2019 at 6:00 PM Called to Order at 6:20pm 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Justin Jordan of Real Life Ministries 4. Adoption of Agenda – Adopted as Noted 5. Announcements 6. Future Meeting Topics - Public Forum (Up to 30 M inutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting. 7. Action Items Public Hearings for Land Use Applications follow this process: Once the Public Hearing is opened, City staff will present their report. Following the report, the applicant is allowed up to 15 minutes to present their application. Members of the public are allowed up to 3 minutes each to address council regarding the application. If a person is representing a large group such as a Homeowner's Association, indicated by a show of hands, they may be allowed up to 10 minutes. Following all public testimony, the applicant is then allowed 10 additional minutes to respond to comments. Once the public hearing is closed, no additional testimony will be received. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Community Development: Consideration of Civic Block Request for Proposals B. Public Hearing for Verona Lot 12, Block 12 (H-2019-0070) by Jacksons Food Stores, Inc., Located at 4870 N. Ten Mile Rd. – Approved 1. Request: Modification to an existing development agreement for the purpose of removing the subject property from DA Instrument #108059800 to be placed in a new, separate agreement C. Public Hearing for Caldera Canyon (H-2019-0062) by Vanessa Klaus, Located at 1294 E. Leigh Field Dr. – Approved 2. Request: A Preliminary Plat Consisting of Sixteen (16) Building Lots and Three (3) Common Lots on 2.83 Acres of Land in the R-8 Zoning District; and 3. Request: Modification to an Existing Development Agreement for the Purpose of Removing the Subject Property from D A Instrument #106064914 to be placed in a New, Separate Agreement D. Public Hearing for Elevate Franklin Storage (H-2019-0072) by Ten Mile Development, Located at 3755 W. Perugia St. – Approved 4. Request: To Modify the terms of the Development Agreement (H- 2018-0109) to allow for a residential self-storage facility use on the property E. Public Hearing for 2019 Fall Parks and Recreation Fees– Approved F. Public Hearing for Proposed Mayor and City Council Member Compensation Update 8. Ordinances A. Ordinance 19-1835: An Ordinance Amending Title 1, Chapter 7, Section 9 Of The Meridian City Code Providing For C ity Councilmembers Compensation And Providing For Market Adjustments; And Providing For A Summary; Providing For A Waiver Of The Second And Third Reading Rules And Providing An Effective Date. – Approved B. Ordinance 19-1836: An Ordinance Amending Title 1, Chapter 6, Section 5 Of The Meridian City Code Providing For T he Mayor’s Compensation And Providing For Market Adjustments; And Providing For A Summary; Providing For A Waiver Of The Second And Third Reading Rules And Providing An Effective Date. – Approved C. Ordinance 19-1837: An Ordinance (H-2019-0035– Wagner Farms) For Annexation Of A Parcel Of Land Located In The Se ¼ Of The Se ¼ Of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 2.46 Acres Of Land From Rut To C-C (Community Business) Zoning Districts In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. – Approved 9. Future Meeting Topics 10. [Amended on to Agenda] Executive Session per Idaho State Code 74-206(1)(c): To acquire an interest in real property not owned by a public agency, and (1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated Into Executive Session: 7:32pm Out of Executive Session:8:12pm Meeting Adjourned at 8:12pm Meridian City Council July 23, 2019. A Meeting of the Meridian City Council was called to order at 6:20 p.m., Tuesday, July 23, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Also present: Chris Johnson, Bill Nary, Bill Parsons, Kevin Howell, Warren Stewart, Cameron Arial, Tracy Basterrechea, Joe Bongiorno and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Thank you for joining us. Sorry that we are starting a few minutes late. For the record it is Tuesday, July 23rd and it's 20 after 6:00. We will start with roll call attendance, Mr. Clerk. Item 3: Community Invocation by Justin Jordan of Real Life Ministries De Weerd: Item No. 3 we will skip. Unfortunately, our pastor Justin had to leave. Item 2: Pledge of Allegiance De Weerd: And so we will move to Item 4, adoption of the agenda. Oh, I'm sorry. I even skipped that. Yeah. The Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited. ) Item 4: Adoption of Agenda De Weerd: Okay. Now we will go for adoption of the agenda. My apologies. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I believe we are going to add an Executive Session on the back end of our regular meeting under Idaho State Code 74-206(1)(c) and (1)(f) and, then, there is something moving up to A. Meridian City Council Meeting Agenda August 6, 2019 – Page 34 of 400 Meridian City Council July 23, 2019 Page 2 of 32 De Weerd: F. Borton: Oh, F. I apologize. Thank you. Item 7-F, Madam Mayor, will become the new 7- A. Kind of changing the order there. So, with those two amendments I move we adopt the agenda. Cavener: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Announcements De Weerd: Under Item 5 announcements. I will note that City Council will not have any meetings for the next two weeks. We do have one on the first week of August just for city business and we have National Night Out that night. Town Hall meeting tomorrow at the Scentsy building. We appreciate Scentsy being such a great corporate partner. It starts at 6:30 and primarily the discussion will center around the Comprehensive Plan and the e-scooters. Discovery Park ribbon cutting on Friday. I know that is a big deal. And so, hopefully, all of you and children are invited Friday, the 26th, at 11:00 a.m. And the grand opening is Saturday, the 27th from 11:00 to 3:00. We have two different educational opportunities. Election 101 is on Tuesday, the 30th, because we do not have a City Council meeting. Our city clerk from 6:00 to 7:00 and our city attorney will be discussing the upcoming elections for Mayor and City Council and we have City Council 101 -- or City 101 and that is July 31st, the next day, from 5:30 to 8:00. And last week we had the Fire and Public Works and really good interaction with the people that were in attendance. I think there were around 20, 25. So, we hope everyone joins us for that. Salmon barbecue is Friday, August 2nd, from 6:00 to 8:00 in Kleiner Park and if you're a senior you can go early. So, Joe, how old do you have to be to be a senior -- considered a senior? Bongiorno: That was a good question, Madam Mayor. I cannot answer that question. I think we are shooting around 55 I want to say. De Weerd: Oh, I love it. Bongiorno: I'm getting there. De Weerd: Okay. Bongiorno: So -- De Weerd: Fifty-five. Fifty-five or older. Meridian City Council Meeting Agenda August 6, 2019 – Page 35 of 400 Meridian City Council July 23, 2019 Page 3 of 32 Bongiorno: I think it -- for some reason that number pops in my head. De Weerd: You get priority lining. That's awesome. And that starts at 5:30 or 5:00? Bongiorno: I believe it's 5:00. De Weerd: Okay. Bongiorno: For seniors. De Weerd: Yes. Because 55 and older we eat earlier. National -- National Night Out is August 6th and those are our community announcements . Does anyone have anything to add? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Hearing none, Mr. Clerk, any sign-ups under Item 6? Johnson: Madam Mayor, there are no sign-ups. Item 7: Action Items A. Community Development: Consideration of Civic Block Request for Proposals De Weerd: Okay. Item 7 under Action Items. You all asked for our Community Development director. Did you have anything you wanted to say on this? Arial: Madam Mayor, Members of the Council, pleasure to be with you. Want to just, you know, put squarely before you this Civic Block RFP that is, really, the next step in the momentum and re -- redevelopment of our downtown. Reinvigoration and so forth. This one is one that we are excited about the partnership. We have had some great conversation with the business community, as well as others and what this could mean to our downtown and we appreciate the consideration for moving it forward. So, with that I will stand for any questions you may have and look forward to the comments . De Weerd: Okay. Council, comments, questions? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Downtown corridor is the heartbeat of our city and I'm really truly excited about any opportunity, whether it's this opportunity or any other opportunity that comes to downtown Meridian, that presents an opportunity for great minds to get together to make our city a better place and so I'm in favor of this RFP going forward. Thank you. Meridian City Council Meeting Agenda August 6, 2019 – Page 36 of 400 Meridian City Council July 23, 2019 Page 4 of 32 De Weerd: Okay. Other comments, questions? Okay. This is under Action Items. So, the consideration is to move the process forward. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Prior to any I guess initiation of this process I had reached out to our city attorney as the proper course to make a determination on a potential or actual conflicts of interest for my participation in any of this process from this stage going forward. So, I'm going to ask if that's okay, Madam Mayor, for Mr. Nary to provide his opinion and direction on that. De Weerd: Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, Council Member Borton. We did look into this question in regards to your current business partnership with counsel -- or counsel Lakey for the MDC board. Based on this proposal and what's being presented today we find no conflict with both city code or state code for your participation in this vote to move this forward. De Weerd: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Or -- Little-Roberts: Madam Mayor? Sorry. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I do have a question. I don't know if it's better addressed to Cameron or to Mr. Nary, but I was wondering if it's possible to include in the RFP that if you are seeking anything from the city beyond what is listed in this RFP to reach out prior, rather than just proceed with the RFP, to kind of make it clear that if you have got -- if you're wanting anything other than what is included in the RFP that we need to answer that prior to them just responding to the RFP. Maybe legal can help word that so that -- Nary: Madam Mayor, Members of the Council, Council Member Little Roberts, yeah, that's no problem. We can certainly include that as part of the RFP. Oftentimes in RFPs there may be questions that get generated and there will be an opportunity to answer those questions. So, that's -- that's a great thing we could add. Milam: Madam Mayor? Meridian City Council Meeting Agenda August 6, 2019 – Page 37 of 400 Meridian City Council July 23, 2019 Page 5 of 32 De Weerd: Mrs. Milam. Milam: So, when that happens answers are sent to all the known applicants at the time; is that correct? Nary: Yes, ma'am. De Weerd: Yes. Milam: So, everybody has the same information. That was good. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve the consideration of an RFP, Civic Block request -- Civic Block request for proposals. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just so I understand the process, is there a point when there is a formal -- or formal approval of Council on the language of the RFP after adjustments are made or does this go forth and put out what we are asking to be adjusted without us looking after it's done? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess probably Mr. Arial should answer that. I guess I'm not sure exactly what specific things you're asking. Are we talking about the selection process or what specifics I guess. I don't -- I'm not clear, Council Member Palmer. Palmer: Madam Mayor? De Weerd: I think it's just making sure that the language is -- is covering what Mrs. Milam just added and the desire I believe to address some of the concerns with procuring the presentations on the numbers, if there is three or less that all are presented in front of the Council and if -- if there is more than three that the top three score -- scoring submittals are presented. Meridian City Council Meeting Agenda August 6, 2019 – Page 38 of 400 Meridian City Council July 23, 2019 Page 6 of 32 Nary: And Madam Mayor, I think -- I think that was the direction we -- we understood and that's -- and I think Mr. Arial we can add that without having to bring it back again, if that's what the Council is okay with. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And also that with those three presentations that Council will be able to pick from any one of the three or reject all of them. I do think it is important that Council have a chance to review it in that having deja vu , we had a Council meeting in which we had discussed changes that we wanted to make to an RFP, the RFP was put out without those changes in it. So, it is my preference that -- that we view the actual document before it's submitted to the public. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: What I think I'm hearing from Council Member Palmer -- and if his intent -- I have to say I agree is we have seen a draft version. I don't believe that the draft version that we have seen is what is intended to be submitted to the public and if -- I think what I'm hearing from Council Member Palmer that he would like to see a final draft before he's comfortable with submitting it to the public and if that's the case I feel the same way as well and that's -- that would be the direction I would -- I would rather move forward with and if -- sorry, Madam Mayor. If it's coming back for us, the Council, to review and approve that final draft before it's issued, then, I'm supportive of the motion as is. If we won't see a final draft again before it's sent to the public, then, I will be speaking in opposition to this motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Cameron, can you go bring us back a final draft with those added words in an hour? Arial: Yeah. Certainly the intent is to fold in all the comments and make sure that we are, you know, adhering to the desires of the Council. So, we will absolutely share, you know, the revised and updated version with you all and if you desire to -- to approve that prior to being released, I don't see any reason why we can't do that. De Weerd: And the release date is when? Arial: Yes. Correct. We are anticipate August 6th being the release date. Meridian City Council Meeting Agenda August 6, 2019 – Page 39 of 400 Meridian City Council July 23, 2019 Page 7 of 32 De Weerd: If you move it to August 7th you can use August 6 under the business of the city to make sure that if it carries anything that is covered in the motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: So, to cut to the chase, we have got a draft, we have got one change to incorporate what you just described. So, what else are we changing? Milam: Or writing a bonus for parking. Borton: Okay. Madam Mayor, if the list -- if we are just going to stare at each other on the 6th, have this conversation -- we can't do this right now. You can't move forward saying make these two changes and move forward and publish an d issue it. What else -- what other changes are we talking about? Cavener: I think Council Member Little Roberts had an additional change as well. Little Roberts: Madam Mayor. The one that I just brought up regarding putting verbiage in that any changes -- any further requests from the city need to come in advance of completing the RFP. They are turning in their response to the RFP. De Weerd: Okay. Well -- Borton: I just want to make sure we had a -- you kind of had the list so you understood if there was consensus of other stuff we knew it and if it didn't -- if you didn't have more stuff than at least we knew what the red line was going to entail. So, there is no surprises on the 6th. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Is there any -- or were there any other changes and -- is that it? Because Ashley was taking notes I know and making -- and you were, too, but I want to make sure that those are the only -- so, there is, basically, three changes. Arial: So, if you would like I could just restate if that -- if that would be helpful. So, we -- Council Woman Little Roberts mentioned just making sure that if there is a proposal that's seeking anything beyond the RFP, that that's made known prior to the proposal being submitted. There was also the comment about making sure that if there are -- if there is three or less proposals, that all of those are presented to the Council. If there is more than that, the committee would -- would get the recommendation down to three, but ultimately the decision making authority rests with the Council. Meridian City Council Meeting Agenda August 6, 2019 – Page 40 of 400 Meridian City Council July 23, 2019 Page 8 of 32 De Weerd: Well, they would still recommend. Arial: Right. De Weerd: But all the top three would present. Arial: Correct. Yep. De Weerd: And the final decision maker is the Council. Arial: Correct. De Weerd: Okay. Arial: And, then, just that -- then this final one, making sure that all those are incorporated prior it to being released. De Weerd: I think you captured them. Arial: Oh. And, then, of course -- I'm sorry. The parking. Thank you. So, adjusting the parking to add a bonus where up to ten points are awarded based on the net increase of parking stalls. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just would also like to see included a -- either an addendum or an additional piece that speaks to -- I say the individuals, but who is going to make up the selection committee. De Weerd: That would come back for Council. Cavener: The names will come back for Council to approve, but in terms of representing entities, organizations, who the stakeholders are. Arial: We can do that. Yep. Pull out that as well. De Weerd: Okay. Anything further? Bernt: Yes. De Weerd: Mr. Bernt. Bernt: I move -- didn't I already make a motion or are we just making a new one? Meridian City Council Meeting Agenda August 6, 2019 – Page 41 of 400 Meridian City Council July 23, 2019 Page 9 of 32 Milam: There was already a motion. Bernt: I already made the motion. De Weerd: Okay. Johnson: Madam Mayor, there is a motion and a second on the table. De Weerd: Go ahead. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. Arial: Thank you, Members of the Council, Mayor. Appreciate your -- your support of this and we will make those changes and get this back for your approval. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, I'm assuming we are going to get a -- we will be able to see this. It will come back on consent and if anybody has any issues with it that we will pull it off consent. Yeah. Arial: Thank you. De Weerd: Thank you. Cavener: Madam Mayor? Could I just echo real quick. Cameron, great work. Appreciate you bringing this to us. Ashley, Mr. Lakey, appreciate your work on this. As is continually reported every week in our local newspaper, there is an intense amount of desire to be located in our downtown core and it's awesome. It's awesome and it's great to see and I appreciate you guys bringing this opportunity for us to look at it. Arial: Thank you. Cavener: It's really exciting. Arial: Thank you. De Weerd: There is a lot of energy. Arial: Yeah. It's great. It's a good problem to have. Thank you. B. Public Hearing for Verona Lot 12, Block 12 ( H-2019-0070) by Meridian City Council Meeting Agenda August 6, 2019 – Page 42 of 400 Meridian City Council July 23, 2019 Page 10 of 32 Jacksons Food Stores, Inc., Located at 4870 N. Ten Mile Rd. 1. Request: Modification to an existing development agreement for the purpose of removing the subject property from DA Instrument 108059800 to be placed in a new, separate agreement De Weerd: Thank you. Okay. Item 7-B is a public hearing for H-2019-0070. I will open the public hearing. First I -- if anyone is new here this evening, our process for public hearings is that we hear from staff a presentation including their staff report regarding the application. Then the developer or applicant would get up and present their proposal. At that point we will take public testimony and we have a three minute time limit . There is a timer on the screen that shows you the -- the time allotment and if you exceed that I will ask you to summarize at that point. I won't cut you off mid sentence. I just haven't gotten there yet. That's rude. After that we will have the developer come up and summarize and answer any questions and answer any final questions from City Council . It's important to note that City Council does have a public hearing document in front of them that includes the Planning and Zoning Minutes and comments, our staff reports, agency comments and -- and all of that is public available to you. So, they use that in determining their decision that they render. So, with that said I will turn this over to Kevin for staff comments. Holmes: Thank you, Madam Mayor, Members of Council. This first item before you is a development agreement modification for Verona Subdivision, Lot 12, Block 12. This is located right here at the corner of McMillan and Ten Mile, across the way from Walmart. It's about a 1.76 acre piece of land zoned C-G. So, it was annexed back in 2001. It was a rezone platted and they entered into a development agreement back in 2017 and most recently in 2019 they received approval for a Jackson's fuel facility and convenience store. The request here is to modify an existing development agreement to remove this subject property from the existing development agreement, which encompasses this whole area. This -- the reason for this is twofold. The first is all the surrounding properties are owned by another entity. So, this would facilitate the development of the -- the two separate areas. The second reason for amending this development agreement would be to switch the access point along McMillan Road. So, the applicant is requesting to move it from this existing location here about 170 feet to the west and keep it a full access at this ti me. So, ACHD has reviewed and approved this change and with the condition that the current access point be closed, landscaped, the sidewalk extended and that at a future date they reserve the right to change the full access to a right-in and right-out. Staff is in agreement with these conditions and is also recommending a condition requiring the applicant to enter into a cross-access agreement with the properties to the east. So, staff is recommending approval with the conditions listed in the staff report. The only written testimony received was from Joe Thompson, the applicant's representative, who was in agreement with the staff report. And with that I will stand for questions. De Weerd: Great. Thank you, Kevin. Any questions from Council? Okay. Mr. Palmer. Meridian City Council Meeting Agenda August 6, 2019 – Page 43 of 400 Meridian City Council July 23, 2019 Page 11 of 32 Palmer: Madam Mayor, the rendering, is that what's intended is this style? Holmes: Madam Mayor, Council Member Palmer, yes, that is what has been approved through the certificate of zoning compliance and design review that we currently have. Palmer: Okay. De Weerd: Okay. Is the applicant here? Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Baldner: Sure. Madam Mayor, Members of Council. I'm Mike Baldner from Hawley Troxell, 877 Main Street, Boise, Idaho. We will be very quick. We have had a good interaction with staff and city attorney's office. The applicant accepts all the conditions. I'm only here because I have some exposure to the prior agreement s if there are any questions and, then, Joe Thompson from our architect is here to answer any technical questions you may have. So, I will leave it at that, unless there is any questions. De Weerd: Okay. Baldner; Thank you, Madam Mayor. De Weerd: Thank you. Okay. Mr. Clerk, did we have any sign-ups to testify? Johnson: Madam Mayor, only the applicant signed in. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who wishes to provide testimony on this item? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not seeing anybody be jumping up and down, move we close the public hearing on 7-A, H-2019-0070. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 6, 2019 – Page 44 of 400 Meridian City Council July 23, 2019 Page 12 of 32 Cavener: I move we approve Item 7-A, H-2019-0070, include all staff and applicant testimony. Milam: Second. De Weerd: I have a motion and a second to approve the H-2019-0070. If there is no discussion -- Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: I'm just going to feel like it -- sorry to belabor this, but is this -- is this the design that was submitted in 2007, '8'ish when it was approved previously or is this -- De Weerd: No. Palmer: This is the next version or new -- I just -- I am scared -- I wanted to make sure we are not requiring them to build what might have been an older version . I'm not an artistic guy or architectural or anything. It just feels to me like -- almost like it looks like an older version and I just wanted to make sure they knew if they want to do a newer version that it would probably be welcomed. I don't know. Maybe it looks great. It just looks old school to me. Milam: I agree. Palmer: Thanks. I'm glad I'm not alone. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just -- I wanted just to make sure we are on the record that Council Member Palmer is talking about aesthetics of private property and I just want to make sure that I didn't turn my bell tone and I'm hearing you correctly. Palmer: Madam Mayor? De Weerd: I wouldn't call you out like that, but that is true. Cavener: I know. Right. De Weerd: We almost fell out of our seats. Cavener: Making motions for arts, question esthetics. Meridian City Council Meeting Agenda August 6, 2019 – Page 45 of 400 Meridian City Council July 23, 2019 Page 13 of 32 Palmer: Madam Mayor? To be fair, if I thought there was any chance of that motion before passing I, obviously, wouldn't have made it, but I -- I don't -- I don't think it's this Council's job to design buildings for people. It was extremely frustrating when we did it for another property where it took months and months of extra time . I don't want to design a project, because it may be awesome, I -- just in case it was an older style that they had built that rather than try to have a whole other thing to bring before us and knowing this Council and the weird things that we may latch onto , which now here I am doing it, not submit, you know, their -- their new version of what they are building, because I see a lot of them going up and they are -- they are gorgeous and this just looked very different. So, I don't know if it's what they would rather build or not. So, it's what's here, so I'm going to shut up now. De Weerd: I love it. I just think you could keep talking. Palmer: I'm going to just get a big shovel and just keep digging. No. De Weerd: Oh, I'm sorry. Palmer: I'm good with it if that's what you want to build. Bring it on. De Weerd: Kevin, did you have something to -- Holmes: Council Member Palmer, is there a -- to the -- to answer your question, this rendering is from the certificate of zoning compliance and design review application we received this year. We have already approved it. It meets the design standards of the architectural standards manual for our commercial zoning and I merely included it to let you know what's going there. De Weerd: Okay. Any further conversation? No. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. C. Public Hearing for Caldera Canyon ( H-2019-0062) by Vanessa Klaus, Located at 1294 E. Leigh Field Dr. 1. Request: A Preliminary Plat Consisting of Sixteen (16) Building Lots and Three (3) Common Lots on 2.83 Acres of Land in the R-8 Zoning District; and 2. Request: Modification to an Existing Development Agreement for the Purpose of Removing the Subject Property from DA Meridian City Council Meeting Agenda August 6, 2019 – Page 46 of 400 Meridian City Council July 23, 2019 Page 14 of 32 Instrument 106064914 to be placed in a New, Separate Agreement De Weerd: Okay. Item 7 amended C is a public hearing for H-2019-0062. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Caldera Canyon Subdivision. The applicant is before you this evening to talk about a preliminary plat and a development agreement modification on the subject property. The site consists of 2.83 acres of land currently zoned R-8 in the city and it's located at 1294 East Leigh Field Drive. This property was annexed in 2005 as part of the Quenzer Commons Subdivision and as part of that approval it did -- was required to be included in -- required to enter into a development agreement with the city and that's the reason for the modification this evening to change the terms of those agreements or remove the property from the Quenzer Commons development agreement and enter into their own agreement and, then, in 2006 it was later final platted as a lot and block in Quenzer Commons Subdivision. So, the applicant is here this evening to again subdivide the property. There is an existing home on the property that is connected to city services , sewer and water. It will remain on one of the lots there in the lower southwest corner and, then, there will be additional 15 lots proposed with the plat before you this evening and, then, three common lots. The subject property is currently mixed use community with a neighborhood center overlay district on it. Typically with that designation we are anticipating densities -- at least a target density of eight dwelling units to the acre. Because this is an in-fill site, the Commission felt that the density that the applicant's proposing of 5.83 is generally consistent with that. Because it's under that five acre minimum, too, there is no requirement for open space. So, complying with the R-8 dimensional standards and putting as much as they can on this particular property, this is about the highest density that they could obtain and achieve with the current comp plan designation. So, again, both staff and the Commission were amenable to the recommended -- that slight reduction in density. I would mention to the Council that there are adjacent properties that are still vacant and still have that same designation on -- on them. So, we do anticipate further intensification of those properties and maybe make up some of that density in the future as those properties proceed with annexation into the city. The applicant is proposing an extension of one stub street. You can see here it's running north and south that will stub at the north boundary and, then, four of the 15 new lots will have access to a common driveway, which is located along the north boundary of the site. This is also the landscape plan. The only required landscaping for the proposed subdivision is the 20 foot landscape buffer along North Leigh Field Drive, which is designated a collector street on the master street map with ACHD. The only -- so, the applicant has -- because the existing home is on a lot and block, the staff felt that that could redevelop in the future, so we did ask the developer or the applicant to provide us an exhibit on how that could redevelop in the future and how access would be provided. You can see here on the right-hand side of the schematic there is a potential for another home on the site, which would, again, slightly increase the density for the development overall and, then, the common drive would be extended into the sit es to provide that access. The applicant is requesting two waivers from the Council this evening and that's Meridian City Council Meeting Agenda August 6, 2019 – Page 47 of 400 Meridian City Council July 23, 2019 Page 15 of 32 in regards to UDC 11-3-A3. In the staff report and during the Planning and Zoning Commission hearing it came up as a topic of discussion , but the existing home currently has an access to East Leigh Field Drive, which is the collector road. The applicant would like to keep that existing access and because the code requires -- there is an adjacent property to the east of the site that's vacant, our code also requires that subdivisions provide local street access to those properties when it abuts a collector road or an arterial roadway. So, staff's original recommendation was to provide a stub street to the east, to the -- to the vacant property and, then, provide a driveway connection to the existing home and close the existing access. But, again, under the -- under your purview the code does allow you to grant that waiver and I would -- would inform you that the Commission did recommend that you act on -- allow the existing home to remain as is and not require the stub street to the east and that was consistent with ACHD's approval as well. They also granted the access and did not require any street extensions as part of their approval . The applicant did provide conceptual home elevations for you, so you can see here all single story and more of an in-fill, patio homes style product on this project. Key items -- so, the Commission did recommend approval at their June 20th meeting. Speaking in favor was Penelope Constantikes and, then, no one testified in opposition or commented on the application. So, items of discussion by the Commission -- again, density was a concern because of the comp plan designation on the property and the Commission wanted to make sure that the vacant properties in the surrounding area could still meet the guidelines of the Comprehensive Plan when they came in and developed and they were concerned how that would transition with the proposed in-fill development that you're looking at and reviewing this evening and the other item was the driveway waiver and the stub street waiver, as I mentioned to you, and, then, also what came up was during the Planning and Zoning Commission there are exist -- there is existing landscaping along East Leigh Field Drive that the applicant would like to retain and use as part of the development and the Planning and Zoning Commission gave the applicant -- modified the condition and allow them to seek alternative compliance to allow that existing landscape to remain and basically provide the requirement for the additional trees that are required by code. So, again, the only outstanding issue for you this evening is -- are the two waivers for the existing home to keep their access and the requirement to waive the extension of the stub street to the east. Staff did receive additional comments from Penelope, the applicant's representative. I think she will provide some clarification for you this evening. But other than that, both Planning -- both staff and the Commission are recommending approval of the project and I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Okay. Is the applicant here? Good evening. Constantikes: Good evening. De Weerd: If you will, please, state your name and address for the record. Constantikes: Penelope Constantikes. Post Office Box 405, Boise, Idaho. 83701. As you know, Caldera Canyon is an in-fill development and it's one of the few remaining parcels in the square mile that this parcel sits in that still has enough space to develop . Meridian City Council Meeting Agenda August 6, 2019 – Page 48 of 400 Meridian City Council July 23, 2019 Page 16 of 32 There is a parcel to the east of us and a parcel to the north of us that are also large enough to redevelop. We have a fire station just a few thousand feet down the street on Locust Grove. There is commercial and retail at Eagle and Ustick, about a mile and a half away. There is no new infrastructure that will be required with this development, other than the to and through for sewer and water, which is standard. I don't have anything really to offer with the development agreement modification . I think it's more of a housekeeping item than anything else. So, we are retaining the existing home and platting the remainder of the parcel and the first waiver that we are asking for is to remove the stub street requirement to the east. A couple of reasons for that. One of them is we will lose one, if not two parcels, which will drop our density down even farther and, then, if you would open up Exhibit 1, Bill. That's the top one. There you go. So, it's a little rudimentary, but what I tried to do here is demonstrate that access activity that's going on relative to our parcel and the immediate vicinity. So, Quenzer Way is a stub street that's to the west of us. We are putting in a stub street that's the second blue arrow. And, then, if you can scan down just a little bit farther, Bill. There we go. So, then, when Mr. Graham's parcel in the future, when it develops, he will have accessibility through Quenzer, our stub street, and, then, stub going on at Green Haven and with regard to the parcel to the east of us it's -- it's not vacant, there is actually a -- more of an estate with some pretty exquisite horses that live there. So, they can put a stub street in in alignment with the public street that's across from the house and there is enough span along their north property line, so I just wanted to show you all of the possible future connections for a street network relative to this general vicinity. If you would pull up number two. The second one I just wanted to show where this additional stub street would go in and I discussed this in the Planning and Zoning Commission hearing. Actually, there isn't anywhere really along that east property line where we can put a stub street in that will function in addition to losing lots, but there is already a nice residence there and a lot of outbuildings that they use to serve their horse activity. So, if for no other reason than the density, we would like to not have to put that stub street in. At the P&Z hearing I did make some comments about surface water and irrigation. We have got some flood irrigating that's going on in the vicinity of the site. So, the project engineer is going to be work -- walking with Mr. -- Mr. Graham and Mr. Young, who are here this evening now, the two property owners, to sort out the PI system for our site. There are some 24 hour flooding, delivery once a day -- once a week issues that they need to sort out, but that's in motion now, so they will get that figured out. We will have it all tied up in time for our final plat. The second waiver that we are asking for is for the existing driveway access to Leigh Field and if you would open up number three. So, this image shows what happens if we try to put an interior access to the existing residence and not use the Leigh Field access points. So, in order to do that we would have to extend the -- the shared driveway westward and, then, traverse down -- all the way down to the end and, then, in order for them to be able to use their garage we are going to have to go pretty deep, almost to the back of sidewalk to get enough of a radius in there for them to be able to acc ess the garage. If you would open up number four, Bill. Thank you. In addition to the problem with the length of this service drive, which would require more Fire Department turnaround or hammerhead. So, I haven't even gotten that incorporated in there . We will end up removing a bunch of the landscape buffer along Leigh Field. There is just no other way to get the turning radius in there. So, we are -- we are hopeful that you will consider the Meridian City Council Meeting Agenda August 6, 2019 – Page 49 of 400 Meridian City Council July 23, 2019 Page 17 of 32 existing access point. On a traffic count perspective, this is a really stable neighborhood in terms of traffic counts. The traffic count on Leigh Field, which only a very short section of it is actually a residential collector. The traffic counts are way below what they would -- what they would be if they were going to threshold for too many trips and, of course, the trips that are logged for Leigh Field now include the trips that are generated by the existing residents. So, they would like to keep it. It's a horse property and they have outbuildings. You can see them to the west of the pink corridor there where they are still actively engaged in equestrian activity. So, we would like to keep the existing driveway into perpetuity, basically. Just leave it there for as long as the house is there. Yes. So -- let's see. So, we have got the property line. The north fence line. One of the items I discussed with Mr. Graham was his desire to have a fencing solution , because we have got -- we have got stock next door to the north. So, we are going to park our fence on the north boundary line in from the property lines, so that the stock fence for Mr. Graham is not disturbed. The project team will work with the Fire Department to coordinate access for lots of 7 and 11 , which are at the end of the shared driveway and we will get that taken care of as well. There was one new item that showed up after our Planning and Zoning Commission hearing and that was the ACHD staff report and, Bill, if you would open up number five. So, the project engineer and I came out to Meridian and met with the Fire Department and we met with Joe and we developed a hammerhead turnaround that was satisfactory to the Fire Department. It would have to be signed with no parking, obviously, but Exhibit No. 6, if you would, please, is the problem. We are going to lose another lot, because the district was not willing to accept the Fire Department's acceptance of hammerheads. So, we are going to have to do a temporary turnaround until such time as the parcel to the north develops, unless the City Council is willing to weigh in on that and I'm not sure that there is any other answer, other than doing what the highway district wants. So, if you have some ideas that would be awesome . And, lastly, we will submit an alternative compliance application for the landscaping along Leigh Field. There is some mature arborvitae that now line the street. We discussed with Planning and Zoning adding trees, which would require taking arborvitae out. I suggest that maybe as the arborvitae that are there now reach their natural life and that they be replaced with trees over time, so that we end up with trees there, but at this point in time we would like to not tear out the mature, healthy arborvitae. So, with that, again, we are asking for a couple of waivers. One of them is retaining the existing access point and the second is the deletion of the requirement for a stub street to the east and with that I would be happy to answer any questions you have. De Weerd: Thank you, Penelope. Any questions from Council? No? Constantikes: Thank you, Mayor and Council. De Weerd: Mr. Clerk. Johnson: Madam Mayor, there were no sign-ins for this testimony -- no sign-ins for this hearing. Meridian City Council Meeting Agenda August 6, 2019 – Page 50 of 400 Meridian City Council July 23, 2019 Page 18 of 32 De Weerd: Okay. This is a public hearing. Is there anyone who wishes to provide testimony? Please state your name and address for the record. Young: Yes. It's Dan Young and the address is 1400 East Leigh Field Drive. De Weerd: Thank you, Dan. Young: I am the horse property to the east of the proposed subdivision and the stub street would just dead end at my fence and my horse pasture and horse barn. I don't see a need for it, so I thought I would throw that in there, so -- and they have agreed to meet with us in regards to the irrigation water and work that out prior to the next meeting, so -- De Weerd: That's great. Young: Okay? De Weerd: Thank you, Dan. Yes, sir. Good evening. If you will, please, state your name and address for the record. Wagner: I'm Steve Wagner from 1370 East Loyalty in Heritage -- Heritage Commons and I don't understand these schematics real well, so I guess I have more questions, but is North Heritage Avenue going to be opened up, then, to go into it or is that further to the east? And, then, the other question I have is it going to increase the traffic of Heritage Commons. De Weerd: Okay. We will ask the applicant to address that. Thank you. Penelope, let me just first see if there is any other testimony. Is there anyone else who wishes to provide testimony? Okay. Thank you. Constantikes: Thank you, Mayor. Penelope Constantikes. If I understand it -- Mr. Wagner? Is that correct? The -- the new street into Caldera Canyon will be in alignment with Heritage View, which is standard transportation planning. In terms of an increase in traffic, the most recent traffic counts I found for Leigh Field were somewhere around 1,300 vehicle trips per day, which is less than a local street standard. So, we don't have excessive traffic on Leigh Field now. The trip -- the subdivision will add in a 24 hour period about 150 trips, excluding the existing home, because those trips are already counted in the traffic counts. So, I'm not sure that -- the district didn't have any problem with the additional trips. It's really pretty minor given the low traffic count already on Leigh Field. So, that's what I can offer. De Weerd: Okay. Constantikes: If there is anything else. De Weerd: Thank you. Council, any questions for the applicant? Meridian City Council Meeting Agenda August 6, 2019 – Page 51 of 400 Meridian City Council July 23, 2019 Page 19 of 32 Constantikes: Thank you. De Weerd: Thank you. Any further information needed from the applicant, staff, or those that testified? Seeing none. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we close the public hearing on H-2019-0062. Cavener: Second. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think we have got a good explanation from the applicant of what's being proposed and some good recommendations coming from our Planning and Zoning Commission, so with that I move that we approve H-2019-0062 and to permit the alternative compliance with regards to the existing arborvitae in lieu of the trees as requested, as well as allowing the continued use of the existing driveway to the existing home in lieu of the stub street that would be otherwise required in accordance with UDC- 3A-3. Cavener: Second. Borton: That's it, Madam Mayor. De Weerd: Okay. I have a motion and a second. Any discussion from Council? Any further information needed, clarified from staff? Okay. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Meridian City Council Meeting Agenda August 6, 2019 – Page 52 of 400 Meridian City Council July 23, 2019 Page 20 of 32 D. Public Hearing for Elevate Franklin Storage (H-2019-0072) by Ten Mile Development, Located at 3755 W. Perugia St. 1. Request: To Modify the terms of the Development Agreement (H-2018-0109) to allow for a residential self-storage facility use on the property De Weerd: Item 7-D as amended is a public hearing for H-2019-0072. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Elevate Franklin Storage development agreement modification. If you recall this -- this property has been coming back before you for about a year now or six months or so. It's currently zoned L-O in the city and it's located just east of Ten Mile on the north side of Franklin Road. The reason why the zoning map that you see before you is L-O is because the applicant hasn't executed the development agreement that was required as part of their application submittal with the rezone and that will happen if this Council approves the amended changes this evening that will go into effect and they will proceed with their conditional use permit at Planning and Zoning Commission. So, if you recall this application was before you with an accessory use permit about six, seven months ago and it was -- at the time, the way the code was structured, is a residential use facility was allowed as an accessory use in conjunction with the primary use . Again, the Council struggled with how to place conditions on this particular site and how would we monitor the residence from the multi-family to the north of this using this facility and that it could not be used as a standalone storage facility. Just recently the developer applicant came before this body and received approval of a text amendment to allow residential storage facilities in the R-15 and R-40 zoning district with approval of a conditional use permit. So, rather than execute their development agreement, they waited to see if the text amendment would be approved and, then, move forward with their DA. So, really, that's -- it's more of a procedural change for you this evening. They are basically removing the provisions in the DA that requires the accessory use and changing it to match with what this body approved with the current UDC text amendment and, then, I would also mention to you that on the 15th the CUP is scheduled for the Planning and Zoning Commission to take action in conjunction with those UDC changes. So, again, this is the first step to kind of unravel that approval and get them moving in the right direction . Staff did not receive any written testimony on this application . Again, staff is recommending approval and I will stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions at this time? The applicant representative. Good evening. McKay: Thirty seconds or less. Becky McKay. Engineering Solutions. 1029 North Rosario business address. I think Bill's done a good job of explaining what's before you. This -- the development agreement was drafted when the property was approved for the R-15 zoning designation. However, we were encumbered with the accessory standards for the mini storage facility, but now that we do have the new residential storage option in Meridian City Council Meeting Agenda August 6, 2019 – Page 53 of 400 Meridian City Council July 23, 2019 Page 21 of 32 the code, we are asking the Council to modify the development agreement and Councilman Borton made the comment that if we executed that agreement with the R-15 zone and the accessory storage units, then, don't come back asking for a modification. So, we did not execute it, we held it and, then, went through our text amendment and so now we -- prior to that expiring the staff indicated that we should file this modification of an -- an unexecuted development agreement and so now the provisions all match the code. Do you have any questions? De Weerd: Thank you, Becky. Council, any questions? McKay: Thank you. De Weerd: Mr. Clerk, are there any names signed up to testify? Johnson: Madam Mayor, there are not. De Weerd: Okay. Is -- that's all right. I was going to ask if there was anyone who wishes to provide testimony. So, come on forward. Thank you for joining us. If you will, please, state your name and address for the record. Bordenkircher: I'm Gail Bordenkircher. I live at 3800 West Perugia, right next to where the building is, and I want to know where they are going to have the entrance. Are they going to have it on Franklin and, then, have the walls -- are they going to do it like the storage container that's on Ten Mile right now? How are they going to build it? Because that doesn't really -- the map up there doesn't really show what they are doing. De Weerd: That doesn't show and it's a great question. We will ask the applicant to -- Bordenkircher: Okay. Because I just want to know where the opening is, because that -- because that will affect us greatly, because they are -- they are building right now, as you know, a subdivision right behind the Franklin and so they are supposed to make a road that goes onto Perugia. So, we are going to be inundated with a lot of people . So, we need to have the entrance on Franklin. I want to know the set hours of when they are going to be -- you know, what -- how long they are going to be opening it up. Is it 10:00 o'clock at night that they, you know, have the access to it or, you know, what time period do they -- do they close. Bernt: Good question. Bordenkircher: Thank you. De Weerd: Those are great questions. Bordenkircher: Thank you. Meridian City Council Meeting Agenda August 6, 2019 – Page 54 of 400 Meridian City Council July 23, 2019 Page 22 of 32 De Weerd: Thank you. Anyone else who would like to provide testimony? I figured you joined us for a reason. Came out of retirement. Welcome, Dale. If you will, please, state your name and address -- Newberry: I haven't came out of retirement yet. Dale Newberry, representing Ten Mile Christian Church and our concern, too, is the access to this, whether it's going to come off with the main street coming off of Franklin or whether the access is going to be around the corner, because we -- with the church members coming in and out of there we are concerned about maybe trucks -- people trying to get into that from the side and we are just concerned about the -- where it's going to be located, the access in. Same -- same question. De Weerd: Again, good questions and I'm sure they are going to be good neighbors and communicate with you. I kind of would imagine you could. Any further testimony? Is there anyone else who would like to provide testimony? Okay. Becky. McKay: Thank you, Madam Mayor, Members of the Council. So, to answer the questions, we will -- we will not have any vehicular access off of Franklin Road or Umbria Hills, which is the primary collector that goes in and serves the church. Our access will be at the very end of Perugia. So, it will be at the far west end and this is just a small facility and primarily intended for the residents of the multi-family development. So, if they are concerned about, you know, like people pulling large RVs and stuff and possibly interfering with their traffic, that would not be the case. It would probably be mostly pickups and, you know, people with a small U-Haul trailer and there -- you know, there could be a U-Haul truck that comes in here, but, obviously, it would turn down Perugia and go to the very end where our gate is. The far west end. And we will be glad to provide them with a site plan and -- and talk with them and -- and answer any further questions that they have and be a good neighbor. Thank you. De Weerd: Thank you. Okay. Council, any questions regarding this application? If there is no questions, I would entertain a motion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 7 -D. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? Meridian City Council Meeting Agenda August 6, 2019 – Page 55 of 400 Meridian City Council July 23, 2019 Page 23 of 32 De Weerd: Mr. Palmer. Palmer: I move we approve H-2019-0072. Milam: Second. De Weerd: I have a motion and a second to approve Item 7-D. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea ; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing for 2019 Fall Parks and Recreation Fees De Weerd: Item 7-E is a public hearing for our 2019 Fall Parks and Recreation fees and we get to hear from Colin one last time. So, I almost want to call you Colon just for old time sake. Moss: We were just talking about that this morning at the -- at the Council prep meeting. So, I appreciate -- I appreciate that one for old times sake. De Weerd: We needed to reminisce a little bit; right? Moss: Yes. Thank you, Madam Mayor, Members of the Council. So, our fall activity guide releases Friday, August 9th. This is a list of the classes and their fees that will be included in that activity guide and so I would stand for any questions about any of them. But we will look forward to your approval. De Weerd: Thank you, Colin. Any questions from Council? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I don't have a question. I just wanted to take this opportunity to thank Colin for your dedicated service to our city. You have been a loyal employee for a long long time. You're a dear friend and I wish you well in your future endeavors in Boise. Moss: Thank you, Councilman Bernt. De Weerd: Yeah. We -- we kind of go back a long way and it hurts my heart to see you go, but proud of you and wish you great luck and we hope to continue to see you around. Meridian City Council Meeting Agenda August 6, 2019 – Page 56 of 400 Meridian City Council July 23, 2019 Page 24 of 32 Bernt: Madam Mayor, follow up. Moss: Thank you, Madam Mayor. I will just say real quickly I appreciate that and that hurts me as well. I will continue to live in Meridian, though, and I look forward to continuing to figure out how to get involved once I have got my feet under me in my new position. De Weerd: That's awesome. I'm so glad to hear that. Mr. Bernt. Bernt: Your party is not until Friday. You still have time. I mean seriously. I mean like today's only Tuesday. De Weerd: We have already -- we have already replaced him. Moss: I'm already replaced and gone pretty much. Bernt: Okay. A little bit too late. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I just -- I want to echo the comments. I was -- I'm not going to be able to be here, unfortunately, on Friday and so I was -- Milam: Thursday. Cavener: Or Thursday. I'm not going to be here Thursday either. Kind of writing some notes about events and activities that have resulted in our community because of Colin. Things like Movie Night, taking over -- Bernt: All of them. Cavener: Correct. That means all of them. It's every event. And each time you touch them they got bigger and better and, you know -- Bernt: More organized. Cavener: -- it's common for us when our citizens think about -- you know, they envision who represents Meridian to think of a police officer or a firefighter or a mayor and I think of Colin and our kids, our grandkids, our legacy as a wonderful community has been driven by you and I am so fortunate to call you a friend and a former colleague and I know that you have left ward as well and a loss to them as well. The city of Boise is reaping many riches from you and I hope it is beneficial for your family this move is -- the benefit our community from your service to us. Bernt: Amen. Meridian City Council Meeting Agenda August 6, 2019 – Page 57 of 400 Meridian City Council July 23, 2019 Page 25 of 32 Cavener: We will miss you. Moss: Thank you, Councilman Cavener. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I should have went first like I was going to, because I can't say anything now without crying. So, can I just come and give you a hug? Cavener: Dean, I don't know how you reflect that on the record, but -- De Weerd: I think that's a hug from all of us. Bernt: One last hurrah for Colin. Couldn't quite get there. Moss: Yeah. De Weerd: Well, thank you, Colin. Moss: Thank you very much. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we accept the 2019 Fall Parks and Rec fees. Cavener: Second. Little Roberts: Second. De Weerd: I have a motion and a second I think to close the public hearing. Milam: Oh. Little Roberts: Yeah. De Weerd: We have a motion and a second to close the public hearing. All in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: And then -- Meridian City Council Meeting Agenda August 6, 2019 – Page 58 of 400 Meridian City Council July 23, 2019 Page 26 of 32 Milam: Madam Mayor? Try again. De Weerd: We will try again. Milam: I move that we approve the 2019 Fall Parks and Recreation fees. Little Roberts: Second. De Weerd: I have a motion and a second to approve the fees under 7-E as amended. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Public Hearing for Proposed Mayor and City Council Member Compensation Update De Weerd: Item 7-F is a public hearing for the proposed meridian City Council Member compensation ordinance and update. Mr. Clerk, are there any sign-ups? Johnson: Madam Mayor, there were no sign-ups. De Weerd: Is there anyone who would like to provide testimony? Okay. Seeing none. Council, I don't see any testimony. Do I have a motion to close the public hearing? Milam: Madam Mayor? Bernt: Madam Mayor? Oh. Go ahead. Milam: Since I'm not going to be here next year, so -- I can't read it. So, I move we close the public hearing on 7-F. Little Roberts: Second. De Weerd: I have a motion and a second to close the public hearing on 7-F. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda August 6, 2019 – Page 59 of 400 Meridian City Council July 23, 2019 Page 27 of 32 Milam: I move that we approve -- De Weerd: It's -- it's in the ordinance. Milam: Oh, it's in the ordinance. Okay. De Weerd: Yeah. Milam: Then that's it. De Weerd: Okay. Milam: Move that we move on to ordinances. Item 8: Ordinances A. Ordinance 19-1835: An Ordinance Amending Title 1, Chapter 7, Section 9 Of The Meridian City Code Providing For City Councilmembers Compensation And Providing For Market Adjustments; And Providing For A Summary; Providing For A Waiver Of The Second And Third Reading Rules And Providing An Effective Date De Weerd: Thank you. Item 8-A Ordinance 19-1835. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. It's an ordinance amending Title 1, Chapter 7, Section 9 of the Meridian City Code providing for City Council Members compensation and providing for market adjustments; and providing for a summary; providing for a waiver of the second and third reading rules and providing an effective date. De Weerd: You have heard this read by title. Anyone want to hear it read in its entirety? Okay. Mrs. Milam. Milam: Oh. I move that we approve Ordinance No. 19-1935 with suspension of rules. Bernt: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Save the best for last. Just the same point I made before. I do believe that they should be increased to attract younger individuals, but I feel like this is a little steep. But, Meridian City Council Meeting Agenda August 6, 2019 – Page 60 of 400 Meridian City Council July 23, 2019 Page 28 of 32 again, I definitely appreciate the efforts of the -- the committee, not a job -- I wouldn't want that, to try and convince Council to do. De Weerd: Mr. Cavener. Cavener: Madam Mayor. I'm going to be voting against the motion. I want to explain the reason why. I echo Council Member Palmer and I appreciate the work of the committee. I actually don't have any issues with the numbers and the two pieces I'm struggling with and I haven't been able to overcome is the tiered approach to compensation. If we want to increase it, let's either increase it to the 13,500 and leave it for two years or increase it for the 15,000 and leave it for two years. Let's not tier it. I also don't think that the City Council needs to be eligible for a market adjustment. I have kind of maintained that this shouldn't be a person's full-time job and market adjustment to me just doesn't seem necessary. So, I don't know if the Council's amenable to making changes. If they are I'm very supportive. But if we are -- if we are looping to approve it as presented, I will be -- I will be voting against. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I -- I strongly agree with part of what Councilman Cavener was speaking as to the market adjustment and I think a lot of the reason that -- thinking about that, it's something that the Council votes on in the budget and it feels awkward that they are voting on their own raise as part of the budget itself , as opposed to separate. So, they are saying, well, if we approve a raise, then, we get a raise. We approve -- if we approve a raise for everybody, then, we get a raise, too, and it's -- I don't like the way that feels. So, I wouldn't be opposed to amending it. So, that's part of it. De Weerd: Okay. Any further discussion to the motion that's in front of this body? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, nay; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: And I will vote aye to break the tie. MOTION CARRIED: THREE AYES. THREE NAYS. MAYOR AYE. B. Ordinance 19-1836: An Ordinance Amending Title 1, Chapter 6, Section 5 Of The Meridian City Code Providing For The Mayor’s Compensation And Providing For Market Adjustments; And Providing For A Summary; Providing For A Waiver Of The Second And Third Reading Rules And Providing An Effective Date. Meridian City Council Meeting Agenda August 6, 2019 – Page 61 of 400 Meridian City Council July 23, 2019 Page 29 of 32 De Weerd: Item 8-B is Ordinance 19-1836. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. Ordinance Amending Title 1, Chapter 6, Section 5 of the Meridian City Code providing for the Mayor’s compensation and providing for market adjustments; and providing for a summary; providing for a waiver of the second and third reading rules and providing an effective date. De Weerd: You have heard this read by title. Is there anyone who would like to hear it read in its entirety? Thank you for not saying yes. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Ordinance 19-1836 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Consistent with my opinion that elected officials should make somewhat less than what the position frankly deserves in the -- in the work and the role that it actually is, I feel that the -- the position of the Mayor is -- if it were that commensurate amount of work I guess in the -- in the private sector it would certainly be worth six figures and given that the raise is still keeping it short of what the actual work entailed deserves, I'm -- I'm definitely in favor of this increase and this ordinance. De Weerd: It is enough to raise a family, though. Palmer: It definitely is. De Weerd: Any other comments? Okay. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, aye; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. C. Ordinance 19-1837: An Ordinance (H-2019-0035– Wagner Farms) For Annexation Of A Parcel Of Land Located In The Se Meridian City Council Meeting Agenda August 6, 2019 – Page 62 of 400 Meridian City Council July 23, 2019 Page 30 of 32 ¼ Of The SE ¼ Of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment “A” And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 2.46 Acres Of Land From Rut To C-C (Community Business) Zoning Districts In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 8-C is Ordinance 19-1837. Mr. Clerk, will you, please, read this by title. Johnson: Thank you, Madam Mayor. It's an Ordinance H-2019-0035, Wagner Farms, for annexation of a parcel of land located in the SE ¼ of the SE ¼ of Section 22, Township 4 North, Range 1 West, Boise meridian, Ada county, Idaho, as described in Attachment “A” and annexing certain lands and territory, situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian; establishing and determining the land use zoning classification of 2.46 acres of land from RUT to C-C (Community Business) Zoning Districts in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providing an effective date. De Weerd: Okay. You have heard this read by title. I don't see anyone wanting to hear it read further. Council, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 19-1837 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 8-C. Is there any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; L ittle Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda August 6, 2019 – Page 63 of 400 Meridian City Council July 23, 2019 Page 31 of 32 De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Do I have any -- anything for Item 9? Item 10: [ Amended on to Agenda] Executive Session per Idaho State Code 74-206(1)(c): To acquire an interest in real property not owned by a public agency, and (1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated De Weerd: If not, I would entertain a motion to adjourn into Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we go into Executive Session pursuant to Idaho State Code 74-206(1)(c) and (1)(f). Cavener: Second. De Weerd: I have a motion and a second. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:32 p.m. to 8:12 p.m.) Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we come out of Executive Session. Little Roberts: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Meridian City Council Meeting Agenda August 6, 2019 – Page 64 of 400 Meridian City Council July 23, 2019 Page 32 of 32 MOTION CARRIED: ALLAYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor? Any opposed? MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 8:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) `S /(/ 19 DATE APPROVED ATTEST: (c? CHRIS O - CITY CLK of the �jEL*,--- II DA CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 5 Item Title: Announcements Meeting Notes: (�Q/rE IDA*,--.--IN CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: (p Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address their elected officials regarding matters of general interest or concern of public matters and is not specific to an active land use/development application. By law, no decisions can be made on topics presented under this public comment section, other than the City Council may request that the topic be added to a future meeting agenda for a more detailed discussion or action. The Mayor may also direct staff to further assist you in resolving the matter following the meeting Meeting Notes: 7/23/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/23/2019 Hearing Type: Public Forum Active: *-* There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=284 1/1 �E IDIIZAN+=- � J CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: XX -7 --P, Item Title: Community Development: Consideration of Civic Block Request for Proposals. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.F. Presenter: Estimated Time f or P resentation: Title of I tem - C ommunity Development: C onsideration of C ivic Block Request for P roposals C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate L etter of Support f rom MD B A P ublic Testimony 7/23/2019 Rich B onney Meridian Chamber of Commerce Support L etter P ublic Testimony 7/23/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/22/2019 - 11:36 A M Meridian City Council Meeting Agenda July 23, 2019 – Page 50 of 64 1 Chris Johnson From:Board MDBA <board@meridiandowntown.org> Sent:Monday, July 22, 2019 4:52 PM To:Meridian City Clerk Subject:MDBA support of RFP for Civic Block development -- re: July 23, 2019 City Council agenda Mayor de Weerd and Members of City Council, I wanted to write to you, on behalf of the Meridian Downtown Business Association, expressing our support for an RFP to develop the area of the southeast corner of Idaho Ave and 2nd that is being referred to as the Civic Block. We believe that a request for proposals that includes a new community center would be beneficial to Meridian Downtown and that an RFP process, including a committee of various stakeholders, is the best way to cultivate a variety of options and ensure that voices from across our community are heard prior to a final decision being made on the development. I’m happy to answer any questions you might have for me. Respectfully, -- Lindsey Bowshier, President Meridian Downtown Business Association Meridian City Council Meeting Agenda July 23, 2019 – Page 51 of 64 1 Chris Johnson From:CEO <ceo@meridianchamber.org> Sent:Tuesday, July 23, 2019 1:29 PM To:Meridian City Clerk Subject:Support for Development of Downtown Community Center Dear Members of the Meridian City Council, On behalf of the Meridian Chamber of Commerce and its Board of Directors, I write to you to show our continued support for Downtown Meridian. We hope discussions of future developments revolving around the Community Center will continue. We appreciate the support you have shown around current developments in our downtown. These developments have brought new energy and momentum to a cherished corridor in our community. Development of the Community Center would only add to the stability and culture of our historic downtown. Thank you for all your support of our business community and for your leadership in making Meridian a great place to live and work. Sincerely, Rich Bonney | CEO Meridian Chamber of Commerce Phone: (208) 888-2817 Cell: (208) 604-5746 Email: ceo@meridianchamber.org Meridian City Council Meeting Agenda July 23, 2019 – Page 52 of 64 E IDIAN*,---- CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Planning Public Hearing Outline and Presentations Meeting Notes: Ci t y C o u n c i l M e e t i n g Ju l y 2 3 , 2 0 1 9 h2 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 33 0 ’ 17 0 ’ Zo n i n g M a p Aerial Map Fu t u r e L a n d U s e M a p Pr e l i m i n a r y P l a t La n d s c a p e P l a n Co m m o n D r i v e w a y E x h i b i t Re d e v e l o p m e n t E x h i b i t Co n c e p t u a l B u i l d i n g E l e v a t i o n s Changes to Agenda: Item #7A: Verona Lot 12, Block 12 (H-2019-0070) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 1.76 acres of land, zoned C-G, located at the NEC N. Ten Mile Rd. and W. McMillan Rd. History: Annexed in 2001 as residential. In 2007 property was rezoned, platted, and entered into a development agreement. Final plat approval in 2008. CZC/DES approval for a convenience store and fuel facility in 2019. Comprehensive Plan FLUM Designation: Commercial Summary of Request: Request to modify an existing development agreement to remove the subject property from the existing DA and enter into a new one. Two stated reasons for request. First, the surrounding properties are all included with this property in the original DA. They are owned by a separate entity and entering into a new DA for just this property would streamline development. Second, the applicant to requesting the existing drive along McMillan Rd. be relocated approximately 170’ closer to the intersection. ACHD has reviewed and approved this change with the conditions that the current location be closed, landscaped, and sidewalks installed and that at a future date the currently full access drive be limited to a right-in/right-out only. Staff is in agreement with these conditions and is also recommending a condition requiring the applicant enter into a cross-access agreement with the properties to the east. Staff Recommendation: Approval w/conditions Written Testimony: Joe Thompson, Applicant’s Representative (in agreement w/staff report) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0070, as presented in the staff report for the hearing date of July 23, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0070, as presented during the hearing on July 23, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0070 to the hearing date of ____________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #7B: Caldera Canyon (H-2019-0062) Application(s): Preliminary Plat and Development Agreement Modification Size of property, existing zoning, and location: This site consists of 2.83 acres of land, zoned R-8, located at 1294 E. Leigh Field Dr. History: Annexed in 2005, final platted as Lot 7, Block 31 of Quenzer Commons No. 10 in 2006 Comprehensive Plan FLUM Designation: MU-C with a N.C. Summary of Request: The applicant has applied for a preliminary plat consisting of 16 building lots and 3 common lots on 2.83 acres of land in the R-8 zoning district; and request to modify an existing development agreement to remove the subject property and to enter into a new one. New DA provisions requires compliance with the submitted plans. The applicant proposes to construct 15 single-family, detached dwellings with one existing home to remain at the southeast part of the site (Lot 12, Block 2). The proposed gross density is 5.65 du/acre while the net density is 6.91 du/acre, which falls slightly below the MU-N with N.C. target density of 8+ du/acre. However, given the infill nature of the 2.83 acre site, the Commission finds the proposed development is generally consistent with the FLUM designation. One public street access is proposed to E. Leigh Field Dr. which stubs to the north for future redevelopment. The existing home is proposing to maintain its current access to E. Leigh Field Dr., a collector road, via an existing driveway. The UDC requires that all subdivisions provide local street access to any use that currently takes access from a collector road. In accord with UDC standards, staff recommends the applicant extend a local stub street to the east for future connectivity and extend a driveway to the west to provide access for the existing home in lieu of the existing driveway. Council approval of a waiver to UDC 11-3A-3 is requested for the current driveway access to remain and to refrain from extending a local street east. A common driveway is proposed at the northwest part of the site to serve as access for four of the proposed homes. The current driveway measures approximately 140 feet long, in accord with UDC standards. A redevelopment plan was also submitted depicting how Lot 12 might redevelop should the current homeowner decide to move and subdivide the lot. Conceptual building elevations were submitted for future homes within the development. Materials consist of stucco, hardy plank and board-and-batten siding with stone accents. Homes will be single-level and will complement existing homes in the surrounding neighborhoods. Commission Recommendation: Approval at their June 20th meeting Summary of Commission Public Hearing: i. In favor: Penelope Constantikes ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Key Issue(s) of Public Testimony: None Key Issue(s) of Discussion by Commission: a. Likelihood of the adjacent parcels to the north and east developing consistently with the Mixed-use Community Neighborhood Center Overlay guidelines and transitioning appropriately to the proposed residential use; b. Commission recommends that the Council grant the applicant the waiver to continue the use of the existing driveway for existing home and to refrain from extending a local stub street to the east; c. Retention of existing landscaping (arborvitaes) along E. Leigh Field Dr. in lieu of the four (4) trees as recommended by Staff; Commission Change(s) to Staff Recommendation: Modify condition 3.a. to allow the applicant to seek alternative compliance to retain the existing arborvitaes in lieu of installing the four (4) required trees within the street buffer. Outstanding Issue(s) for City Council: Allowing the applicant’s request to continue the use of existing driveway to the existing home and not require the extension of the stub street to the east in accord with UDC 11-3A-3. Written Testimony since Commission Hearing: Penelope Constantikes Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0062, as presented in the staff report for the hearing date of July 23, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0062, as presented during the hearing on July 23, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0062 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #7C: Elevate Franklin Storage (H-2019-0072) Application(s): Development Agreement Modification Size of property, existing zoning, and location: Summary of Request: The applicant has applied for a modification to the terms of the (not yet recorded) Development Agreement approved with rezone of the property. The rezone is contingent on the applicant executing the subject development agreement. Since City Council’s approval of the rezone of this property last year to the R-15 district, the applicant has obtained approval from the City of a text amendment to allow storage facilities in residential zones without the use being accessory to the multi-family development to the north. Because the new standards differ from those of a commercial storage facility, the terms of the agreement are proposed to be modified consistent with the new standards. The applicant has submitted a conditional use permit application for the residential storage facility, which is scheduled to be heard by the P/Z Commission on August 15th. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0072, as presented in the staff report for the hearing date of July 23, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0072, as presented during the hearing on July 23, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0072 to the hearing date of July 23, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) EIDIADAHO N.,?-- CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 7 �( � Item Title: Public Hearing for Verona Lot 12, Block 12 (H-2019-0070) By Jackson Food Stores, Inc., Located at 4870 N. Ten Mile Rd. 1. Request: Modification to an existing development agreement for the purpose of removing the subject property from DA Instrument #108059800 to be placed in a new, separate agreement, Meeting Notes: rte✓ I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for Verona L ot 12, B lock 12 (H-2019-0070) by J acksons F ood Stores, Inc., L ocated at 4870 N. Ten M ile Rd. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 7/18/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/19/2019 - 10:44 A M Meridian City Council Meeting Agenda July 23, 2019 – Page 4 of 64 7/23/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/23/2019 Hearing Type: Council Item Number: 7-A Project Name: Verona Lot 12 Block 12 Project No.: H-2019-0070 Active: Signature City -State- I Wish To Address For Against Neutral Sign In Date/Time Name Zip Testify 877 Main Street 7/23/2019 Mike Baldner X X Boise ID 5:51:05 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=285 1/1 Page 1 HEARING DATE: 7/23/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0070 Verona (Lot 12, Block 12) MDA LOCATION: 4870 N. Ten Mile Rd., in the SW ¼ of Section 26, Township 4N., Range 1W I. PROJECT DESCRIPTION Request to modify an existing development agreement for the purpose of removing the subject property from DA Instrument #108059800 and enter into a new development agreement. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Owner: Jacksons Food Stores, Inc. 3450 E. Commercial St. Meridian, ID 83642 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 1.76 Current Zoning C-G Neighborhood meeting date; # of attendees: 5/28/19; 2 attendees History (previous approvals) MI-07-013, DA Inst. No. 108059800; RZ-07-017; PP-07- 011; FP-08-010, A-2019-0038 Meridian City Council Meeting Agenda July 23, 2019 – Page 5 of 64 Page 2 B. Representative: Joe Thompson, BRS Architects 1010 S. Allante Pl. Ste. 100 Boise, ID 83709 IV. NOTICING City Council Posting Date Newspaper Notification 7/5/2019 Radius notification mailed to properties within 300 feet 7/2/2019 Public hearing notice sign posted 7/12/2019 Nextdoor posting 7/2/2019 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) that proposes to remove the subject property, Lot 12, Block 12 of Verona Subdivision No. 4, from the existing development agreement (Inst. No. 108059800) and enter into a new development agreement. Currently, the existing DA governs a much larger area owned by separate entities than the applicant’s property. Excluding the subject property from the recorded DA will facilitate the development of the property without obtaining permission from multiple owners. Further, the applicant is requesting Council approval to allow the construction of a new access point to W. McMillan Rd. (see Exhibit E). If approved, the new access point will be shared with the adjacent property owner to the east. The existing W. McMillan Rd. access point to the east, approved with Verona No. 4, will be required to be closed. ACHD has approved the proposed access drive as a full access driveway until such time they deem it should be limited to a right-in/right-out only access. Staff is supportive of ACHD’s determination on limiting the access. Staff recommends this condition be included in the new DA. The current DA contains five (5) conditions that govern the development of the property. These are: 1. Constructing buildings using high quality materials and designs, conforming with submitted elevations, 2. Limiting the square footage of any one building to 50,000 square feet, total nonresidential square footage of entire development not to exceed 225,000 square feet, 3. Conformance with a conceptual site plan, 4. Providing cross access between specific parcels, and 5. The inclusion of stamped concrete in the development. These specific provisions are attached in Exhibit B for the Council to reference. Further, staff has attached the approved concept plan (Exhibit C), which is tied to the current DA. The area the applicant owns is approved to develop with a convenience store and fuel sales facility consistent with the approved concept plan (see Exhibit D). The plans approved by the City did not include the proposed access point. If the MDA is approved, the applicant will be responsible for amending their approval to include the new shared access and submitting a recorded cross access agreement. To ensure the site develops as proposed, staff has included the DA provisions that should be incorporated in the new DA. These new provisions are included as in Section VIII below. Meridian City Council Meeting Agenda July 23, 2019 – Page 6 of 64 Page 3 VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. VII. EXHIBITS A. Legal Description and Development Agreement Boundary: Lot 12, Block 12 Verona Subdivision No. 4 (highlighted below) Meridian City Council Meeting Agenda July 23, 2019 – Page 7 of 64 Page 4 A. Current Development Agreement Provisions (Inst. No. 108059800) 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The proposed commercial and office buildings shall be constructed with high quality materials, including but not limited to: stucco, wood and brick, with substantial stone accents, four sided architecture: for retail uses one side may not require full facade treatment if there is screening for the loading area, highlighted main entrances, stamped decorative concrete, flat roofs, accent metal roofing, composite or tile roofing materials and variations in colors, roof planes and parapet heights. 2. Elevations shall substantially conform to the photos submitted with MI-07-013, as set forth in Exhibit D. 3. A minimum of 5 buildings with no one building exceeding 50,000 square feet shall be constructed on lots associated with the Verona Commercial Subdivision. The maximum allowable non-residential square footage for this development shall be 225,000 square feet. The development of the site shall generally conform to concept plan in Exhibit C, as determined by the Planning Director. 4. The applicant shall provide cross access from the southern office lot located east of W. Milano Drive to the vacant commercial parcel east of the site. 5. The City Council expects some stamped decorative concrete within the proposed development. Meridian City Council Meeting Agenda July 23, 2019 – Page 8 of 64 Page 5 B. Original Concept Plan Subject Property Meridian City Council Meeting Agenda July 23, 2019 – Page 9 of 64 Page 6 C. Approved Site Plan and Elevations from CZC Application Meridian City Council Meeting Agenda July 23, 2019 – Page 10 of 64 Page 7 D. Proposed New Access VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11- 2B. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for Meridian City Council Meeting Agenda July 23, 2019 – Page 11 of 64 Page 8 approval of all future buildings/uses on the site, prior to applying for building permit. 4. The location of the access drive to W. McMillan Rd (336 feet east of the intersection), is approved as shown in Exhibit E. The Ada County Highway District shall determine when the access is to be limited to right-in/right-out only. 5. Applicant shall provide a recorded cross agreement with parcel R9010680120 in accord with UDC 11-3A-3. The recorded agreement shall be submitted to the Planning Division prior to obtaining occupancy of the convenience store. 6. The existing access approximately 500 feet east of the Ten Mile Road shall be closed as shown in Exhibit E. The applicant shall install a 5-foot wide detached sidewalk and landscape the area with a 25-foot wide street buffer in accord with UDC 11-3B-7C. Meridian City Council Meeting Agenda July 23, 2019 – Page 12 of 64 E IDIAN?- CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 7 � (- Item Item Title: Public Hearing for Caldera Canyon (H-2019-0062) By Vanessa Klaus, Located at 1294 E. Leigh Field Dr. 1. Request: A Preliminary Plat Consisting of 16 Building Lots and 3 Common lots on 2.83 acres of Land in the R-8 zoning district; and 2. Request: Modification to an Existing Development Agreement for the purpose of removing the subject property from DA instrument #106064914 to be placed in a new, separate agreement Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for C aldera C anyon (H-2019-0062) by Vanessa Klaus, L ocated at 1294 E . L eigh Field Dr. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 7/22/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/18/2019 - 2:48 P M Meridian City Council Meeting Agenda July 23, 2019 – Page 13 of 64 7/23/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/23/2019 Hearing Type: Council Item Number: 7-B Project Name: Caldera Canyon Project No.: H-2019-0062 Active: � There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=286 1/1 Meridian City Council Meeting Agenda July 23, 2019 – Page 14 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 15 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 16 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 17 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 18 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 19 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 20 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 21 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 22 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 23 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 24 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 25 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 26 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 27 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 28 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 29 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 30 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 31 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 32 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 33 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 34 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 35 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 36 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 37 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 38 of 64 Meridian City Council Meeting Agenda July 23, 2019 – Page 39 of 64 —M 55 m 0 m ME I -K C-) z co c Cl) 1.9 m rn 00 to E lEJ?I AGE i f i / / > 3 N0. 1d QUENiER COYY96 i BfJOPC 3fi PAGE i13Bi PAGE 11987 ? a' � ( � i oK�a C40R6Fd5Gaep£, GNM�Av opI6N. KAS' 1 I AG'tN1CN LL�R¢6 :ASEYPAIR�IXG11kN � RR&Ed WAN 8E1lIIa � � �$w MBCfIFB�WAY \ l ` 06; `a �" a QJMR-R NEMBIA+y t0836u6 � SOSS N. QUcT'29t {YAY MiR%)AN, Ip 33b66 ttt 30Ct N. QyENZ%R WAY ? UERYJIiX %8ffiW6 G�{+ �t ' � r i 4 ��a E lEJ?I AGE i S89*44'33`f40, MAS 40 0 20 40 80 SCALE IN FEET 1"=40' CALDERA CANYON SUBDIVISION MERIDIAN, IDAHO TEMPORARY CUL-DE-SAC EXHIBIT )AVED ROAD O LOLLED CURB & GUTTER \ND CONCRETE SIDEWALK 9 O BLOCK 1 01 ROCK SOLID CIVIL Civil Engineering and Land Development Consulting 270 North 27th Street, Boise, ID 83702 Office Phone: 208.342.3277 www.rocksolidcivil.com �ELt1 Q/I CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: ,m� -� `0 Item Title: Public Hearing for Elevate Franklin Storage (H-2019-0072) By Ten Mile Development, Located at 2755 W. Perugia St. 1. Request., To Modify the terms of the Development Agreement(H- 2018-0109) to allow for a residential self -storage facility use on the property. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.C. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for E levate F ranklin Storage (H-2019-0072) by Ten M ile D evelopment, Located at 3755 W. P erugia S t. C lic k Here for Applic ation Materials C lic k Here to S ign Up to Tes tify at Hearing C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 7/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/16/2019 - 8:44 P M Meridian City Council Meeting Agenda July 23, 2019 – Page 40 of 64 7/23/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/23/2019 Hearing Type: Council Item Number: 7-C Project Name: Elevate Franklin Storage Project No.: H-2019-0072 Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=287 1/1 Page 1 HEARING DATE: 7/23/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0072 Elevate Franklin Storage LOCATION: 3755 W. Perugia St. (SE ¼ of Section 10, T.3N., R.1W.) I. PROJECT DESCRIPTION Request for a modification to the terms of the (not yet recorded) Development Agreement approved with H-2018-0109 in accord with the recently approved UDC text amendment pertaining to self- service storage facilities (H-2019-0034). II. APPLICANT INFORMATION A. Applicant: Ten Mile Development, LLC – 1409 N. Main St., Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario St., Ste. 100, Meridian, ID 83642 III. NOTICING City Council Posting Date Legal notice published in newspaper 7/5/2019 Radius notice mailed to properties within 300 feet 7/2/2019 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda July 23, 2019 – Page 41 of 64 Page 2 Public hearing notice sign posted 7/13/2019 Next Door 7/2/2019 IV. STAFF ANALYSIS Since City Council’s approval of the rezone (H-2018-0109) of this property last year to the R-15 district for the development of a self-service storage facility, the UDC (11-4-3-34, Self-Service Storage Facility) has been amended to allow for residential storage facilities with different specific use standards than commercial facilities (see below). The development agreement provisions approved with the rezone applied to commercial facilities; therefore, the Applicant proposes a modification to the provisions in accord with the recently approved specific use standards as shown in Section VI. Note: The Applicant has submitted a conditional use permit application for the storage facility that is currently in process and is scheduled to be heard by the Commission on August 15th. 11-4-3-47: SELF-SERVICE STORAGE FACILITY, RESIDENTIAL A. The facility is encouraged to accompany or be a component of a single-family or multi-family residential development with a conditional use permit in an R-15 or R-40 zone. B. The size of the facility shall be limited to thirty five percent (35%) of a residential development not to exceed a maximum of eight (8) acres. C. The location of the facility may be located along an arterial roadway as a buffer to a residential development, but shall not take direct access from an arterial. Access to the facility shall be from a collector or local street only. D. The hours of operation shall be limited to six o’clock (6:00) a.m. to ten o’clock (10:00) p.m. E. The use shall be limited to individual storage compartments which shall be used for residential related personal property including vehicles. F. Storage units shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a residential storage facility is specifically prohibited. G. The distance between structures shall be a minimum of twenty-five feet (25’). The maximum height of the buildings shall not exceed 35 feet. H. The storage facility shall be fully enclosed and screened from public view. I. A minimum twenty-foot (20’) wide landscape buffer shall be provided along a collector or local road and a twenty-five-foot (25’) wide buffer adjacent to residential development. Landscaping shall be provided as set forth in subsection 11-3B-7C and 11-3B-9C of this title. J. The facility shall have a second means of access for emergency purposes approved by the Meridian Fire Department. K. No outside storage area shall be allowed. Materials shall not be stored within the required yards. L. Buildings shall be designed to the architectural character of the residential area. The building design shall comply with the Traditional Neighborhood District (TND) design standards set forth in the City of Meridian Architectural Standards Manual. M. Signage for the facility shall comply with Section 11-3D-8C, “Residential Signs in Residential Districts,” of this title. Meridian City Council Meeting Agenda July 23, 2019 – Page 42 of 64 Page 3 N. On-site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with Title 3, Chapter 4, “Outdoor Sales and Temporary Use Requirements.” The hours of the on-site auctions shall be limited to daylight hours (sunrise and sunset) and specified on the temporary use permit application submitted to the Clerk’s office. O. On-site management or contact information for on-call management shall be provided for the storage facility. If the use is unattended, the standards in accord with Section 11-3A-16, “Self- Service Uses,” of this title shall also apply. The application materials shall also include a security plan for the proposed facility. P. No storage of fuel or hazardous materials shall be allowed. Q. The site shall not be used as a “vehicle wrecking or junk yard” as herein defined in Section 11- 1A-1. V. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VI. Meridian City Council Meeting Agenda July 23, 2019 – Page 43 of 64 Page 4 VI. EXHIBITS A. Development Agreement Provisions Note: The existing provisions are noted in normal text; Staff’s recommended additional/revised provisions are noted in underline/strike-out format; Staff’s comments are noted in italic text. 1. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall be generally consistent with the conceptual development plan and elevations approved with H-2018-0109 and the provisions included herein. b. The applicant shall obtain conditional use permit approval for a residential storage facility. c. The storage facility is allowed to operate in conjunction with and as an accessory use to the multi-family development to the north (i.e. Silver Oaks) and shall only provide storage service for residents of the multi-family development. Providing storage service for non-residents (i.e. the general public) is prohibited. Existing renters can lease space for up to one (1) year after they move out of the multi-family development. d. The Developer/Owner shall comply with the specific use standards listed in UDC 11- 4-3-34 11-4-3-47, Storage Facility, Self-Service Self-Service Storage Facility, Residential, as follows:. i. Storage units and/or areas shall not be used as dwellings or as a commercial or industrial place of business. The manufacture or sale of any item by a tenant from or at a self-service storage facility is specifically prohibited. ii. On site auctions of unclaimed items by the storage facility owners shall be allowed as a temporary use in accord with UDC 11-3E, Temporary Use Requirements. iii. If the use is unattended, the standards listed in UDC 11-3A-16, Self-Service Uses, shall apply as follows, “Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting.” iv. All outdoor storage of material shall be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or parking areas and may not impede vehicular or pedestrian traffic. v. The site shall not be used as a "vehicle wrecking or junk yard" as herein defined. vi. For any use requiring the storage of fuel or hazardous material, the use shall be located a minimum of one thousand feet (1,000') from a hospital. (Ord. 13-1555, 5-14-2013) e. Provide a minimum of three (3) parking spaces on the site for employee and visitor parking. Meridian City Council Meeting Agenda July 23, 2019 – Page 44 of 64 Page 5 f. To preserve public safety, a fence shall be installed along the Kennedy Lateral to prohibit access to the waterway in accord with the standards listed in UDC 11-3A- 6C.3. g. Six-foot tall wrought iron fencing is required to be constructed on the site along t he Kennedy Lateral in accord with the standards listed in UDC 11-3A-6 and 11-3A-7. h. The hours of operation for the storage facility shall be limited to 6:00 am to 11:00 pm in accord with UDC 11-4-3-34E. i. All future structures shall comply with the design standards listed UDC 11-3A-19 and the Architectural Standards Manual, and the policies in the Ten Mile Interchange Specific Area Plan. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning development agreement modification or it is null and void. Meridian City Council Meeting Agenda July 23, 2019 – Page 45 of 64 �Q/rE IDIA,-----NDAHO CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 7-D• 'j C Item Title: Public Hearing for 2419 Parks and Recreation Fees Meeting Notes: ma I TEM SHEET C ouncil Agenda I tem - 7.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for 2019 F all Parks and Recreation F ees C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F ee S chedule Cover Memo 7/22/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/22/2019 - 11:35 A M Meridian City Council Meeting Agenda July 23, 2019 – Page 46 of 64 7/23/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/23/2019 Hearing Type: Council Item Number: 7-D Project Name: Fall 2019 Parks and Recreation Fees Project No.: Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=290 1/1 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, July 23, 2019 , at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk’s Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: 2019 Fall Activity Guide Class Fees: Preschool Fun $37.00 Preschool Fun PLUS $42.00 Dazzle & Dance $35.00 Rec Cheerleading 1 – 4 $35.00 - $40.00 Intermediate Rec Cheerleading $40.00 Tumble & Twist $45.00 - $50.00 Little Ninja $50.00 Tumble & Flip $50.00 Motions Capoeira $35.00 Martial Arts for All Ages $40.00 Kendo – Japanese Fencing $70.00 Coed Learn to Play Lacrosse – No School Day Clinics $30.00 Boys Learn to Play Lacrosse – No School Day Clinics $22.00 Girls Learn to Play Lacrosse – No School Day Clinics $22.00 Let’s Play Lacrosse Academy $75.00 Amazing Athletes $64.00 Drawing Faces $65.00 Painting Acrylic Landscapes $80.00 Harry Potter Camp $65.00 Winter Watercolor Painting $65.00 Cooking with Kids $75.00 Yoga – All Levels $35.00 Yoga – Gentle Yoga $35.00 Yoga Beyond the Basics $35.00 Yoga – Unlimited Yoga $45.00 Restorative & Guided Mediation Workshop $10.00 Yin Workshop $10.00 Gentle Movement Stretch $21.00 -$35.00 Feldenkrais Awareness through Movement $40.00 Pickelball 101 $60.00 Meridian City Council Meeting Agenda July 23, 2019 – Page 47 of 64 Line Dancing – Intermediate $20.00 -$25.00 Line Dancing – Beginner $15.00 – 25.00 Line Dancing – 8 day option $50.00 Vintage Furniture & Décor Workshop $65.00 Digital Photography 101 $60.00 Fiction Writers Workshop: From Revelation to Reality $125.00 Spanish For Kids $200.00 Whitewater Rafting Adventure $45.00 Starlight Mountain Theater Dinner & Show $48.00 Introduction to the Sport of Fencing $180.00 DATED this 12th day of July, 2019. Chris Johnson, CITY CLERK PUBLISH on July 12 and Jul 19. Meridian City Council Meeting Agenda July 23, 2019 – Page 48 of 64 (�DAH IDIAN*,-- W,IZ CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: `7 11.1 Item Title: Public Hearing for Proposed Mayor and City Council Member Compensation Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for P roposed M ayor and C ity Council M ember C ompensation Update C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/16/2019 - 8:11 P M Meridian City Council Meeting Agenda July 23, 2019 – Page 49 of 64 7/23/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 7/23/2019 Hearing Type: Council Item Number: 7-E Project Name: Proposed Mayor and City Council Compensation Update Project No.: Active: There are no signatures posted for this meeting type yet. Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=288 1/1 EIDIADAH N?- CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 8 A Item Title: Ordinance 19-1835: An Ordinance Amending Title 1, Chapter 7, Section 9 Of The Meridian City Code Providing For City Councilmembers Compensation And Providing For Market Adjustments; And Providing For A Summary; Providing For A Waiver Of The Second And Third Reading Rules And Providing An Effective Date. Meeting Notes: Q0_ Lc,,GIA,Tf Avjor Ta brmY,,.-- I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1835: An Ordinance Amending T itle 1, Chapter 7, Section 9 Of T he M eridian City Code Providing F or City Councilmembers Compensation And P roviding F or M arket Adjustments; And P roviding F or A Summary; Providing F or A Waiver Of T he Second And T hird Reading Rules And Providing An Effective Date. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 7/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/16/2019 - 8:11 P M Meridian City Council Meeting Agenda July 23, 2019 – Page 53 of 64 CITY OF MERIDIAN ORDINANCE NO. 19-1835 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 9 OF THE MERIDIAN CITY CODE PROVIDING FOR CITY COUNCILMEMBERS COMPENSATION AND PROVIDING FOR MARKET ADJUSTMENTS; AND PROVIDING FOR A SUMMARY; PROVIDING FOR A WAIVER OF THE SECOND AND THIRD READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code Title 50, Chapter 2, Section 3 we hereby amend the Meridian City Code to amend Title 1, Chapter 7, Section 9, of the Meridian City Code as follows: 1-7-9: COMPENSATION: A. The annual compensation of the members of the City Council shall be as follows: 1. Each member of the City Council shall receive an annual salary of ten thousand dollars ($10,000.00) thirteen thousand five hundred dollars ($13,500.00) effective January 1, 2018 2020, and effective January 1, 2021 a total annual salary of fifteen thousand dollars ($15,000.00) until this section is amended as allowed by law. 2. The City Council President shall receive additional compensation of ten percent (10%) higher more than other Councilmembers as compensation for the additional work involved in that role. The compensation shall be an annual salary of eleven thousand dollars ($11,000.00) fourteen thousand eight hundred and fifty dollars ($14,850) effective January 1, 2018 2020, and effective January 1, 2021 a total annual salary sixteen thousand five hundred dollars ($16,500.00) until this section is amended as allowed by law. 3. Salary will be paid in equal monthly amounts. 3. Salary will be paid in equal monthly amounts. A. Beginning with Fiscal Year 2022 (FY22), if the City’s annual budget provides for a “market adjustment” increase to the wages of general employees the City Councilmembers shall receive the same adjustment to the above salary. 4. Employee benefits shall be the same as provided to all other full time employees of the City. B. A. The City Council shall receive the same employee benefits as all full time City employees, except for the accrual of vacation or sick leave, and any other benefits as directed by the City Council. Meridian City Council Meeting Agenda July 23, 2019 – Page 54 of 64 421, 5. Human Resources shall be tasked to form a committee comprised of no less than five (5) various citizens, business leaders, and former elected or appointed officials of the City of Meridian prior to the budget workshop during every Municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The committee may consider any or all of the following in making such recommendation: baseline salaries in comparison to select cities, appropriate increases or decreases based upon the market as determined by the committee, the current and potential impact to the City's budget, performance of the elected official while in office, recent or current increases afforded to all other City employees, and expectations of the public in general for the position that is being evaluated. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recommendations from the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with as the second and third reading and they are therefore combined as one (1), and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, thisJday of LX , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this �day of JLILU 2019. APP Tammy de Weerd, Mayor ATTEST: IoMr, a`0 'o City of w �E IDIAN kbrigIDAHO Joluffn , s� SEAL E IDIAN?- CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 8 6 Item Title: Ordinance 19-1836: An Ordinance Amending Title 1, Chapter 6, Section 5 Of The Meridian City Code Providing For The Mayor's Compensation And Providing For Market Adjustments; And Providing For A Summary; Providing For A Waiver Of The Second And Third Reading Rules And Providing An Effective Date. Meeting Notes: uy A P P H O�E� I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1836: An Ordinance Amending T itle 1, Chapter 6, Section 5 Of T he M eridian City Code Providing F or T he M ayor ’s C ompensation And P roviding F or M arket Adjustments; And P r oviding F or A Summary; Providing F or A Waiver Of T he Second And T hird Reading Rules And Providing An Effective Date. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 7/16/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 7/16/2019 - 8:11 P M Meridian City Council Meeting Agenda July 23, 2019 – Page 56 of 64 CITY OF MERIDIAN ORDINANCE NO. 19-1836 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 5 OF THE MERIDIAN CITY CODE PROVIDING FOR THE MAYOR’S COMPENSATION AND PROVIDING FOR MARKET ADJUSTMENTS; AND PROVIDING FOR A SUMMARY; PROVIDING FOR A WAIVER OF THE SECOND AND THIRD READING RULES AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. Pursuant to Idaho Code Title 50, Chapter 2, Section 3 we hereby amend the Meridian City Code to amend Title 1, Chapter 6, Section 5, of the Meridian City Code as follows: 1-6-5: COMPENSATION: A. The annual compensation of the Mayor shall be as follows: 1. The Mayor shall receive an annual salary effective on January 1, 2018, 2020 for a total annual salary of ninety thousand nine hundred fifty six dollars ($90,956.00) ninety-two thousand seven hundred and seventy-six dollars ($92,776.00) and effective January 1, 2021 a total annual salary of ninety four thousand six hundred and thirty two dollars ($94,632.00) until this section is amended as allowed by law. 2. Salary will shall be paid in equal monthly amounts. A. Beginning with Fiscal Year 2022 (FY22), if the City’s annual budget provides for a “market adjustment” increase to the wages of general employees the Mayor shall receive the same adjustment to the above salary. 3. Employee benefits shall be the same as provided to all other full time employees of the City. B. A. The Mayor shall receive the same employee benefits as any full time City employee, except for accrual of vacation or sick leave, and any other benefits as directed by the City Council. C. 4. Human Resources shall be tasked to form a committee comprised of no less than five (5) various citizens, business leaders, and former elected or appointed officials of the City of Meridian prior to the budget workshop during every Municipal election year to make recommendations for adjustments, increases, or decreases to compensation for the Mayor and City Council. The committee may consider any or all of the following in making such recommendation: baseline salaries in comparison to select cities, appropriate increases or decreases based upon the market as determined by the committee, the current and potential impact to the City's budget, performance of the elected official while in Meridian City Council Meeting Agenda July 23, 2019 – Page 57 of 64 office, recent or current increases afforded to all other City employees, and expectations of the public in general for the position that is being evaluated. The membership of the committee may be determined by the City Council with input from the Mayor. The City Council is not bound to follow the recommendations from the committee, but may use any feedback or recommendation as guidance for setting the budget for compensation. Section 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in fall be, and the same is hereby, dispensed with as the second and third reading and they are therefore combined as one (1), and accordingly, this Ordinance shall be in fall force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this 2VIday of U 52019. APPROVED by the Mayor of the City of Meridian, Idaho, this2?Jjday of Lt 52019. APPROVED: Tammy de Weerd, Mayor ATTEST: �50111 ED AUGUST, 0 01N of (�IAPR'MTANt- Ch16-1'0'hfn, 1 Cl IDAHO sm SEAL. 2l F4o� h , Tao: EIDIANC-- DAJ CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 8 C Item Title: Ordinance 19-1837: An Ordinance (H-2019-0035- Wagner Farms) For Annexation Of A Parcel Of Land Located In The Se 1/4 Of The Se 1/4 Of Section 22, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, As Described In Attachment "A" And Annexing Certain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To The Corporate Limits Of The City Of Meridian As Requested By The City Of Meridian; Establishing And Determining The Land Use Zoning Classification Of 2.46 Acres Of Land From Rut To C -C (Community Business) Zoning Districts In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance 19-1837: An Ordinance (H-2019-0035– Wagner F arms) F or Annexation Of A P arcel Of L and L ocated In T he S e ¼ Of T he S e ¼ O f S ection 22, Township 4 North, Range 1 West, Boise M eridian, Ada County, Idaho, As Described In Attachment “A” And Annexing C ertain Lands And Territory, Situated In Ada County, Idaho, And Adjacent And Contiguous To T he Corporate L imits Of T he C ity Of M eridian As Requested By T he C ity Of M eridian; E stablishing And Determining T he L and Use Zoning Classification Of 2.46 Acres Of L and F rom Rut To C -C (Community Business) Zoning Districts In T he M eridian C ity C ode; Providing T hat Copies Of T his Ordinance S hall Be F iled With T he Ada County Assessor, T he Ada County Recorder, And T he Idaho S tate Tax Commission, As Required B y L aw; And Providing F or A S ummary Of T he Ordinance; And P r oviding F or A Waiver Of T he Reading Rules; And P roviding An Effective D ate. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 7/18/2019 O rdinance Summary Ordinance 7/18/2019 E xhibit A E xhibit 7/18/2019 E xhibit B E xhibit 7/18/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 7/18/2019 - 2:42 P M L egal.J ohnson, Chris Approved 7/19/2019 - 10:45 A M Meridian City Council Meeting Agenda July 23, 2019 – Page 59 of 64 ADA COUNTY RECORDER Phil McGrane 2019-065999 BOISE IDAHO Pgs=4 LISA BATT 07/24/2019 01:16 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 19-1837 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2019-0035— WAGNER FARMS) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE SE/40F THE SE 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISH- ING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 2.46 ACRES OF LAND FROM RUT TO C -C (COMMUNITY BUSINESS) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF Illay 101 tj 1019 13 wa 1 e 1 SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Rod and Debra Wagner. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -C (Community Business) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. ANNEXATION ORDINANCE — WAGNER FARMS (H 2019-0035) Page 1 of 2 Meridian City Council Meeting Agenda July 23, 2019 — Page 60 of 64 SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 23rd day of A114 , 2019 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this '4_0 day of tT(j_ , 2019. ATTEST: S 4NSON, CITY CLI STATE OF IDAHO, ) ) ss: County of Ada ) 5 P,Ucusr N MAYOR TAMMY de WEE ,,b o0 of On this 2 day of 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WFORD and CHRIS JOHNSON known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY NZ5TARY PUBLIC FOR IIVMP COMMISSION #67390 RESIDINGAT: NOTARY PUBLIC MY COMMISSION EXPIRES:`Oaa STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 ANNEXATION ORDINANCE — WAGNER FARMS (H 2019-0035) Page 2 of 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1837 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation of a parcel of land located in the SE 1/4 of the SE 1/4 of Section 22, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 2.46 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway rAvenue, Meridian, Idaho. This ordinance shall become effective on the `7 �/ day of 2019. Cit er an Mayor and City Council By: Chris Johnson, City Clerk First Reading: 7 -2-1,11 Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1837 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 19-1837 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this 23rd day of 11u, , 2019. William. L.M. Nary City Attorney ORDINANCE SUMMARY - WAGNER FARMS (H-2019-0035) EXHIBIT A Wagner Farms H-2019-0035 Page 1 Annexation and Zoning Legal Description Meridian City Council Meeting Agenda July 23, 2019 – Page 63 of 64 EXHIBIT B Wagner Farms H-2019-0035 Page 1 Annexation and Zoning Exhibit Map Meridian City Council Meeting Agenda July 23, 2019 – Page 64 of 64 (::�W,I DA IDIAN*,------IZ HO CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 9 Project File Name/Number: Item Title: Future Meeting Topics Meeting Notes: (�Q�EDAHO IDIZ IAN?�- CITY COUNCIL REGULAR MEETING AGENDA July 23, 2019 Agenda Item Number: 10 Project File Name/Number: Item Title: Executive Session per Idaho State Code 74-206(1)(c): to acquire and interest in real property not owned by a public agency, and (1)(f) To Communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. 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