Loading...
2019-08-13 Regular C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, August 13, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt X Genesis Milam L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by T im P usey of Valley S hepher d C hur ch of the Nazarene 4. Adoption of Agenda – Adopted as Noted (Item 10 Added) 5. Announcements 6. F uture M eeting Topics - Public F orum (Up to 30 M inutes M aximum) Signing up prior to the start of the meeting is required. This time is reserved for the public to address thei r 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 assi st you i n resolving the matter following the meeting. 7. Action I tems 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 applicati on. If a person is representing a large group such as a Homeowner's Association, indi cated 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 Counci l may move to continue the item for additional information or vote to approve or deny the i tem with or without changes as presented. The Mayor is not a member of the Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. Resolution No. 19-2161: A Resolution Appointing G inni (Virginia) Hale to S eat 3 of the M eridian Arts C ommission - Approved B. F inal P lat for B urlingame No. 1 (H-2019-0080) by E ngineer ing S olutions, LLP, L ocated at 1923 N. B lack C at Rd. - Approved C. F inal P lat C ontinued from J uly 16, 2019 for Cherry B lossom (H- 2019-0064) by D oug J ayo, J ayo L and D evelopment C ompany, LLC ., L ocated at 615 W. C herry L n. – Continued to August 27, 2019 D. P ublic Hearing for Rackham S ubdivision (H-2019-0081) by B VAB C E agle View, LLC, L ocated at 1020 S . E agle Rd. - Approved 1. R equest: Modification to the D evelopment Agreement to update the conceptual development plan and phasing plan 8. O rdinances A. O rdinance No. 19-1838: Amending M er idian C ity C ode S ection 6-3- 8(D )(2), Regar ding F alse Alarm F ees; Adopting a S avings C lause; and P roviding an E ffective D ate. - Approved 9. Futur e M eeting Topics 10. [Amended on to Agenda] Executive Session per Idaho State Code 74- 206(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 In to Executive Session: 6:40 PM Out of Executive Session: 7:11 PM Meeting Adjourned at 7:11 PM Meridian City Council August 13, 2019. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, August 13, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Luke Cavener. Also present: Chris Johnson, Bill Nary, Kevin Holmes, Warren Stewart, Mark Ford, Kevin Fedrizzi 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 ______Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Sorry we are starting a few minutes late. Thank you for joining us. For the record it is Tuesday, August 13th. It's two minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tim Pusey of Valley Shepherd Church of the Nazarene De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Ken Pusey with the Valley Shepherd Church of the Nazarene. If you will, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome, pastor. Pusey: Thank you. Let's pray. Father, thank you for the opportunity we have to gather tonight. We just in the pledge were reminded that we are one nation under God and so tonight as your word instructs us, we are to rejoice in you. So, we take a moment just to pause and to find our -- our joy, to find our center in you and, Lord, we -- we rejoice tonight in -- in your presence with us. We rejoice tonight in your love and your care and compassion for every citizen of our community. We thank you, Lord, tonight for those Meridian City Council Meeting Agenda August 27, 2019 – Page 26 of 403 Meridian City Council August 13, 2019 Page 2 of 16 who serve our community and we pray especially for your leadership and guidance , for we find our wisdom in you, Lord. So, we -- we seek your wisdom and guidance for them. Bless them, Lord. Bless our Council and all the servants of our city. Bless our Mayor and, Lord, as we are fast approaching an election season we pray for your wisdom and guidance in that whole process as well and, Lord, for all that you do we give you thanks and praise, amen. Item 4: Adoption of Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We are going to add a nine -- a new No. 9, which will be an Executive Session pursuant to Idaho State Code 74-206(1)(f) and with that addition I move we adopt the amended agenda. Milam: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Announcements De Weerd: Under announcements, Council, I just have a couple. Remind you about Friday Movie Night this Friday, the 16th. It starts at dusk. Main Street Market still going strong on Saturdays from 9:00 to 2:00 and there is a unique opportunity to go and view a Tabernacle of Moses at Scentsy through the 24th. It goes from 4:00 to 8:40 each night and if you want more information you can -- I think we have some in the office that we can help provide. With that any further announcements? Item 6: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Okay. Item 6. Mr. Clerk, any citizens signed up under this item? Johnson: Madam Mayor, there were no sign-ins when I last checked. I am double- checking right now. I apologize. There are still no sign-ins. Item 7: Action Items A. Resolution No. 19-2161: A Resolution Appointing Ginni (Virginia) Hale to Seat 3 of the Meridian Arts Commission Meridian City Council Meeting Agenda August 27, 2019 – Page 27 of 403 Meridian City Council August 13, 2019 Page 3 of 16 De Weerd: Okay. Thank you. Item 7 is Action Items. So, 7-A Resolution 19-2161 and this is a resolution appointing Ginni Hale to Seat 3 of the Meridian Arts Commission and, Council, you do have Ginni's information in front of you. I would entertain any questions. If not I would entertain a motion. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 19-2161 appointing Ginni Hale to Seat 3 of the Meridian Arts Commission. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 7-A. if there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Final Plat for Burlingame No. 1 (H-2019-0080) by Engineering Solutions, LLP, Located at 1923 N. Black Cat Rd. De Weerd: Item 7-B is a final plat for H-2019-0080. I will turn this over to Kevin for his comments. Holmes: Thank you, Madam Mayor, Members of Council. This item is the Burlingame No. 1 final plat. The site consists of 31 building lots on 8.96 acres of land, zoned R-8, located at 1923 North Black Cat Road. This is the northwest corner of Black Cat and Cherry Lane. This property has received annexation and preliminary plat approval and entered into a development agreement in 2018 . The reason this final plat application is before you and not on the Consent Agenda is the applicant had some concerns with Public Works site specific conditions two and three of the staff report. So, specifically condition two requires the applicant to extend the water main to Turnberry Subdivision No. 2 in the north. So, up here along North O'Conner Ave. and with this phase of development, as there is insufficient water pressure at the end of the street, so rather than making this water main connection with this phase, the applicant has proposed to remove the northern most three lots, Lots 19, 20, 21. You can see the change over here between the two plats. The service would solve the water pressure issue and staff is in support of this change. Public Works site specific condition number three. The applicant actually correctly identified that this condition is not applicable. We originally thought that this would be a dead end, but it turns out this main sewer line will extend in the future . Meridian City Council Meeting Agenda August 27, 2019 – Page 28 of 403 Meridian City Council August 13, 2019 Page 4 of 16 So, it's no longer applicable. The applicant has proposed to remove it and staff is in agreement with that. Overall this final plat substantially complies with the approved preliminary plat and staff is recommending approval with these changes. So, the removal of Public Works site condition number three and the revision of condition two and all other conditions listed in the staff report. And with that staff will stand for any questions. De Weerd: Thank you, Kevin. Warren, any -- any comments? Stewart: Madam Mayor, Members of the Council, no. It was correctly identified that we have reviewed the proposed changes and -- and done the modeling and we are in support of that. De Weerd: Thank you. And you should thank Kevin for presenting for you. Stewart: Thank you, Kevin. De Weerd: Council, any questions for staff? Okay. Does the applicant have any comment? Okay. Council, any further information needed? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If not, I move that we approve the final plat H-2019-0080 with the modified site specific condition number two and the removal of site specific condition number three and, then, inclusive of all of their conditions listed in the staff report as presented. Little Roberts: Second. De Weerd: Okay. I have a motion and a second to approve as -- with stipulations as read into the record. Any comments? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm just not sure -- I'm just kidding. Sorry, Becky. I was going to bring you up here. De Weerd: Okay. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. Meridian City Council Meeting Agenda August 27, 2019 – Page 29 of 403 Meridian City Council August 13, 2019 Page 5 of 16 MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Final Plat Continued from July 16, 2019 for Cherry Blossom (H-2019-0064) by Doug Jayo, Jayo Land Development Company, LLC ., Located at 615 W. Cherry Ln. De Weerd: Item 7-C, the applicant has requested a continuance to the 27th of August in order to address issues with an existing irrigation ditch, their encroachments, and to allow for the redesign and required access easements after the final plat review. Any question? If not, I would -- anything further from staff? Other than that, I would entertain a motion to continue. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we continue Item H-2019-0064 to August the 27th, 2019. Milam: Second. De Weerd: I have a motion and a second to continue Item 7-C, H-2019-0064 to August 27th. All those in favor say aye. Any opposed? Okay. All ayes. I didn't think I heard everyone. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing for Rackham Subdivision (H-2019-0081) by BVABC Eagle View, LLC, Located at 1020 S. Eagle Rd. 1. Request: Modification to the Development Agreement to update the conceptual development plan and phasing plan De Weerd: Okay. Item 7-D is a public hearing on H-2019-0081. I will open this public hearing and before I turn it over to staff is there anyone who hasn't been here at City Council before tonight? Okay. I will explain our process for our public hearings. We first start with staff comments and, then, the applicant will come forward and add any information about their application . They have up to 15 minutes to do so. Then we will open the public hearing, our public comment period. The public has three minutes to testify. There is a timer on the front podium on the computer screen and after public testimony has concluded the applicant has an opportunity to come and summarize , answer any questions that came up during testimony and answer any questions that the Council has and I would remind the audience that Council does have an extensive public document that is available on our website, so you can see everything they have to make a decision on and we have received agency comments as well. So, with that I will turn this over to Sonya and thank you for being here tonight. Meridian City Council Meeting Agenda August 27, 2019 – Page 30 of 403 Meridian City Council August 13, 2019 Page 6 of 16 Allen: Thank you, Madam Mayor. De Weerd: I think you have been gone for a little while. Allen: I have. De Weerd: Welcome back. Allen: It's been a while. Thank you. The next application before you is a request for a development agreement modification. This site consists of 51.59 acres of land. It's zoned C-G and is located at 1020 South Eagle Road, east of South Eagle Road on the south side of I-84. This property was annexed back in 1995 and a development agreement was approved earlier this year. The Comprehensive Plan future land use map designation is mixed use regional. An amendment to the recently approved development agreement is proposed to update the phasing plan depicted on the concept development plan and amendment -- related provisions of the agreement. The plan here in your upper left-hand corner is the existing concept plan and phasing plan and the one in the lower right is the applicant proposed concept plan and phasing plan. The amendment to the concept plan and phasing plan is needed because the existing plan depicts a phasing plan that is no longer feasible for the applicant. Because the phasing plan was recently approved with the preliminary plat that is consistent with the developer's timelines, staff is of the opinion it isn't necessary to also include a phasing plan in the development agreement . Therefore, staff is recommending the phasing plan is removed from the concept plan included in the development agreement as shown before you and phasing of the p roject occur consistent with that approved with the preliminary plat . This will assistant in avoiding further future amendments to the development agreement for phasing reasons. Written testimony has been received from the applicant Geoffrey Wardle. He is in agreement with the staff report and staff is recommending approval . Staff will stand for questions. De Weerd: Thank you. Council, any questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One question, but it might be just kind of a primer for Geoff if he is coming up here was what's the purpose generally of having a phasing plan in the DA ? Does it provide some certainty that if adhered to that by removing it from the DA creates some flexibility, but -- Allen: Madam Mayor, Councilman Borton, it does create more flexibility. Typically phasing plans aren't included in development agreements. They are usually associated with a preliminary plat. That's why staff recommended that we just stick with that. Where this is a commercial site and it doesn't require a subdivision, you know, it can -- it can go forward as it -- as it will. We don't necessarily need those parameters on it, so -- Meridian City Council Meeting Agenda August 27, 2019 – Page 31 of 403 Meridian City Council August 13, 2019 Page 7 of 16 Borton: Madam Mayor? De Weerd: I think you usually see phasing plans in residential. Allen: They are associated with the preliminary plat. Yeah. Borton: Madam Mayor? Are they also in the DA, though, commonly in the residential? Allen: Not directly, but indirectly they are included in the staff report that's attached to the development agreement, so -- Borton: It creates a distinction. That's kind of a good answer. De Weerd: Okay. Any further questions or comments? Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Wardle: Madam Mayor, Members of Council, my name is Geoffrey Wardle of Clark Wardle. Our address is 251 East Front in Boise. We are here in agreement with this and to -- to answer Council Member Borton's question, remember the unique thing about this site was it was annexed without a development agreement in 1995. So, as we came forward with our development application the first requirement that was indicated by the city was that we needed to put a development agreement in place . The development agreement -- we were here this spring and got the development agreement approved, but we were also processing the preliminary plat and the reason that we bifurcated that was so that we could continue work and moving forward with the CZC for the Idaho Central Credit Union headquarters building. So, we could have put all those together, but it's the desire to move forward with ICCU. So, now that the preliminary plat has been approved we are here with you tonight to ask that the development agreement be modified to reflect those changes. And to Sonya's point, the reason that we are asking for this isn't so much infeasibility, it's that we catch up with the design. We know where we are going to put utilities. We know when we are going to do the utilities. So, it really becomes an issue of if we are going to do that and do the preliminary plat , then, the phasing plan becomes less of an issue. We provided a phasing plan at the request of your staff because there was concern about what would be the timing for these applications , because it's an entitled 51 acre site and when would be -- we would be doing things. So, at this point we are just here to request that this be modified solely to permit us to conform it to the preliminary plat and let us go forward with -- with the project. We have applications in for review right now and we are on the verge of coming in with the second and shor tly thereafter third commercial office building to reflect the fact that this is a location where, you know, we can build the type of employment center that was envisioned and that it has a lot of interest because of the number of companies that have their employment base here in Meridian and want to be closer to where their employees are. So, that's the long story. Yes, we agree that it was a convoluted process. Yes, I agree that I really didn't need to come see you guys four times over the course of the last three and a half months, but it's always a pleasure, so -- any other questions? Meridian City Council Meeting Agenda August 27, 2019 – Page 32 of 403 Meridian City Council August 13, 2019 Page 8 of 16 De Weerd: Thank you. Council, any other questions? Wardle: Thank you. De Weerd: Thank you. Mr. Clerk, do we have someone signed up to testify? Johnson: Madam Mayor, there are two names signed in to testify. One is the applicant. The other is Alicia Eastman. De Weerd: Welcome, Alicia. Eastman: Thank you. De Weerd: If you will, please, state your name and address for the record. Eastman: My name is Alicia Eastman and I live at 1485 South Rolling Hill. It's the second house from Overland Road. De Weerd: Thank you. Eastman: I want to say that I have been living there since 1989 and that property has been in our family since 1973 when my father-in-law bought it. I feel that I live on a residential street and I like living there. I -- I feel that it -- I want to be in a residential area. Our street is not made for development, for more traffic, and I feel like if they improve the street to do that we would just increase the traffic. I'm concerned about developing at the end of the street, because it's just going to bring more traffic down the street. How will they do that construction? What's going to happen? And I like where I live. I like the location. I like that it's paid for. I can -- I have water and sewer. I have absolutely no desire to ever connect to -- or annex to the City of Meridian and connect to city sewer and city water. But I feel like I'm being encroached -- that people are -- that this development wants to come around and kind of take over and I think that maybe the only solution I will have is in 15 years when it just happens that I will have to develop my own property, which I don't want to do, I just want to live there. Anymore improvements to the road also would -- I think would -- like I said, increase the traffic and if they widen the roads to accommodate for more traffic it would just take my front yard and I don't want that traffic going by my door. So, I don't know what that solution is, but I just want you to know that I like where I live and I have no desire to annex. This is a change for me. I can -- I can afford to live there, because I don't pay sewer, I don't pay water and I can manage on my income. Thank you. De Weerd: Thank you. Council, any questions? This is a public hearing. Is there anyone who would like to provide testimony? Yes. Bernt: Long time no see, Denise. LaFever. Mayor and Council. Yeah. I have been gone for a bit. Meridian City Council Meeting Agenda August 27, 2019 – Page 33 of 403 Meridian City Council August 13, 2019 Page 9 of 16 De Weerd: Good evening. LaFever: My name is Denise LaFever. 6706 North Salvia Way, Meridian, Idaho. I'm not opposed to this development or what the conceptual is being developed here . There is no issues there that way. I am, however, opposed to the MDA change, which I don't feel is in the best interest of the residents or the city for the following reasons: I share some of those same concerns that Joe has, because of the process and the procedure this application has gone through, completely removing the phasing plan and not having it in the staff report or anywhere else, because of the way this one's gone through may set a bad precedence and eliminate phasing plans altogether. So, I would like to see them have a phasing plan of some sort, so we know when it will be developed. I am opposed to changing to a ground lease for sustainability in the future of Meridian. Decoupling of ownership rights of land and building causes issues for the future -- for the future of Meridian. The old location where Nampa -- I mean in Nampa where Macy's was at on Garrity Boulevard has had issues selling, because the building and the ground lease are separated. There is a ground lease. There is a building. That's caused issues with selling and -- and moving that property to redevelop. As a past CFO and representing a company that had this very issue with a building that sat on a ground lease, it restricts the number of interested buyers. It also causes issues in the desire to put large dollar amounts and remodels. Last thing and finally at this point not having a conceptual plan is just not good policy. I think at this point we should be talking about a final plat . Overall, like I said, I think this is really great for the community. It's a great employment opportunity. I would just like to see us really stick to some policies and have some procedures that are fair and consistent. De Weerd: Okay. Council, any questions? Thank you. Is there any -- yes, sir. Thank you for joining us. If you will, please, state your name and address for the record. Fitzgerald: Madam Mayor, Council, my name is John Fitzgerald. I live at 1285 South Rolling Hill. I am up the hill in the -- kind of the impacted area a little bit or just south of it and my concern here is kind of what we had spoken about many times before addressing you and that is that BVA , in my opinion, is very shifty. They have -- things have changed a bunch and as a resident of that street, who has offered to sell to them ultimately because of the amount of contracts that they have delivered onto our street, it is -- it's just not been what they have said and so our concerns from the very beginning were that we wouldn't be taken care, that they would ignore us, that big business would come in and that they would have their way and seeing this today and just the interaction that we have had with BVA I think substantiates that. I -- they just -- they do not -- honestly, they are -- they are not in communication with most of the people on our street that they have offered contracts to. Geoff has signed many of them and that's left people wondering what to do, what -- what's going to happen. So, I would just ask that if -- if they are going to come into Meridian and do this type of development that they would treat us in kind the way that they are treating you, because we are the ones that are impacted the most by it. We live there and if we are going to stay -- and I don't know if we are or not. My house is up for rent. Possibly for sale. But it's a mess. Our street is a war zone. It's a disaster. There is commercial signs. There is houses that need to be condemned. There is houses that Meridian City Council Meeting Agenda August 27, 2019 – Page 34 of 403 Meridian City Council August 13, 2019 Page 10 of 16 are in great shape. But we are -- we are just being ignored and so I'm -- I'm left with wondering what will happen. Has my property been completely -- is it just shot? Does it have no value? Will it have value in the future? I realize that this is all part of what happens in a growing city, but I would appreciate it if you would request that businesses, as they come into this town and change things, that they treat those that are impacted with some type of -- just respect and courtesy to help protect us, because while we don't necessarily object to this, we think it's a beautiful development, we need to do something with our properties and it's not being addressed . Calls to them get ignored. Texts get ignored or they get returned with answers that are not answers. People are getting pushed further and further out on what's happening and it just leaves our street in chaos. We used to be a very very close street. I know my neighbors very very well and it's -- it's just a mess. People don't like each other anymore, because they don't know what's happening. Greed has entered our street. We need some type of governing body to just say, hey, do what you said you would do on that street . Take care of those people. And it's -- it's just really important. It's a mess. De Weerd: Can you put up the other map, so Mr. Fitzgerald can show us where he lives and -- and what street we are talking about. Fitzgerald: Rolling Hill is the street that is adjacent to the farmstead. It runs -- it runs north-south about -- bordering the east side of Rackham. De Weerd: And you have contractors that are going through that street? Fitzgerald: BVA. BVA has offered contracts to many of the people that are adjacent to the old farmstead or the development that they -- that they have. Myself included. However, they have yet to not only execute on those, they have got to sign many of those, mine included, and it's been a long time and so people have no idea what's happening . Communication has gotten difficult and shifty and so we have got a lot of homes that are in complete disrepair. We have got neighbors that don't know what they are doing. We have got a company that isn't being true to their word. And so why I bring that up is because as his development changes and phasing goes away, while that used to be phase four, is that going to be phase two? Is it going to be phase one? I mean I don't know what is reality anymore and so what's my timing for trying to get out of there and feed my kids as we go to the next spot. I mean how -- how much time do we have? Or do we have forever? Do we have until next spring? Some type of answer from BVA slash Brighton would be wonderful. De Weerd: And -- and the contract is -- is for what? Fitzgerald: Purchasing the properties on that street. So, purchasing the -- the residences on that street. So, what they -- what they are proposing to do is to extend their purchase along the freeway and the southern side of the farmstead all the way over to about the canal and so they would just gobble up that whole section. Meridian City Council Meeting Agenda August 27, 2019 – Page 35 of 403 Meridian City Council August 13, 2019 Page 11 of 16 De Weerd: So, it's not a contract for access. I thought you were talking about the road again. Fitzgerald: No. It's just -- it's just me standing in front of you asking for them to be neighborly and to be people of their word and to deal with the people on the street now, instead of keeping them all hanging in the balance and nobody knowing what's -- what's happening. We really our a close street and there has been a lot of runaway freight trains on pricing, because that's, of course, what greed does. But we -- nobody has any answers there. It's all up and down. Things are changing all the time. Things are changing with you and so I'm here thinking what are they doing next and it's just not okay for us to not have any idea what the future of that street is . We really don't know. My house is up for rent and I can't tell him what it will be like next spring, because I don't know if they are going to wipe out everything north of me and -- and execute on all those contracts, because they have yet to do it. I don't know if my house will be included in that purchase. So, we just don't know. De Weerd: And which is your house? Fitzgerald: I am 1285. So, I am two south of the -- De Weerd: You can use the -- the mouse or the -- yeah. Fitzgerald: Right there. De Weerd: Okay. Fitzgerald: So, they are -- they are working to purchase everything here. They have got this under contract. They have got -- this one is under contract and will be the easement to get the final access to get in here and, then, they have executed a couple of contracts around here, but everybody has been delivered contracts from them they have yet to -- to execute and so we have got homes that are on -- they are just a mess. So, I -- all I -- what I'm asking for is some type of clarity from BVA, where it -- they offered me a contract and now they are backing out of or at least appear to be and so we are -- we are all in flux. We don't know what -- what they are doing and so it leaves us in a -- in a very difficult situation to understand what to do moving forward as a neighborhood and as people that need to sell our properties or rent our properties or whatever the next step is. De Weerd: Thank you. Council, any questions? Thank you, Mr. Fitzgerald. Any further testimony? Okay. Mr. Wardle, you want to make remarks. Wardle: Madam Mayor, Members of Council, Geoffrey Wardle, counsel for the BVA Development and I recognize the First Amendment rights in the United States. Recognize a -- a civil forum waiver against libel, slander, and defamation, but I am a little troubled by the characterization of the testimony you just heard from Mr. Fitzgerald. First of all, yes, BVA has entered into contracts. BVA has been negotiating with some of those property owners. BVA has acquired the Stockdale property. Why have we done that? Because Meridian City Council Meeting Agenda August 27, 2019 – Page 36 of 403 Meridian City Council August 13, 2019 Page 12 of 16 property owners came to us and we are doing an assemblage there, but it has nothing to do with this application. Second of all, I take significant umbrage at the characterization of my client being shifty. In fact, Mr. Todd Peterson, BVA 's vice-president of development, has been in Mr. Fitzgerald's home multiple times. Has met with Mr. Fitzgerald. We have put various properties that are under contract. Why? Because we recognize what the comprehensive plan envisions, that this needs to be a mixed-use node. There needs to be an additional higher density residential up against the freeway. But that's a discussion for another day and so -- so, it's not appropriate to stand up and claim that we are being shifty. What are we doing? We have asked to modify a development agreement to change the phasing plan that you approve d a month ago as part of the preliminary plat. So, with respect to Ms. LaFever's testimony, it's not that you're getting rid of a phasing plan, your removing a phasing plan from a development agreement that was incorporated in your conditions and findings on the preliminary plat . We would love to be here in front of you just as soon as we can on the issue of a preliminary -- a final plat. But why can't you? Well, as you know, once you have approved the preliminary plat, we have to go engineer and install the utilities, the public roadways, those things and, then, we will come back to you. Second, with respect to Ms. LaFever's comments, whether or not this property is developed with for sale product or with ground leases is irrelevant. That's not a consideration for the City Council. It's not a consideration of the Local Land Use Planning Act. Why are we inclined to do some of these via ground lease? Well, we are inclined to do some of them via ground lease because that is what potential tenants want to do. Also why are we doing some of these under ground lease? We are doing them because that was the means by which we could move forward with an employer that wants to have 150,000 square feet of space in this city for its employees. That was the sole reason that we went forward. We have been very open about what we have done. As a matter of fact, we have been far more open than we were absolutely required to under your code or anything else, because we have identified the fact that we can proceed with ground leases with some of these users. That's what they want. So, that has nothing to do with the issue that's in front of you . It is -- it's disconcerting when citizens misunderstand the nature of applications and we recognized that for the layman it can be confusing, it can be fearful, but we were required to go get emergency secondary access onto Rolling Hills. We did that, because when we were here in front of you at the development -- when we first did this development agreement, the neighbors were upset and concerned that we weren't adequately addressing that. So, went and acquired Mr. Stockdale's property. Acquired his property shortly after we did the development agreement for that. At that point other owners have come and visited with us, but this is putting the cart before the horse and I apologize that Mr. Fitzgerald feels mistreated in this process -- De Weerd: Mr. Wardle, I don't think you need to go any further. Wardle: Okay. But that property is not subject to annexation, it's not subject at this time -- it's not in the city. It's not part of this preliminary plat. So, let's not lose sight of that and it is just -- it is all about conforming this development agreement to the preliminary plat and we ask your unanimous support and approval of that. Thank you. Meridian City Council Meeting Agenda August 27, 2019 – Page 37 of 403 Meridian City Council August 13, 2019 Page 13 of 16 De Weerd: Okay. Council, any questions? Thank you. Wardle: Thank you. De Weerd: Okay. Council, any further information needed before you close the public hearing? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move we close the public hearing on Item 7-D, H-2019-0081. Palmer: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7 -D. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There has been some good discussion on what the application is and what it isn't today, describing the purpose of this limited request. So, it's a request that, along with staff, I'm supportive of as well. De Weerd: Okay. Borton: Unless there is any other discussion. De Weerd: I don't see any. Borton: I will make a motion and we will see. Madam Mayor, move we approve Item 7- D, H-2019-0081, consistent with the staff report of August 13th, 2019. Palmer: Second. De Weerd: I have a motion and a second to approve Item 7-D. Is there any discussion? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. Meridian City Council Meeting Agenda August 27, 2019 – Page 38 of 403 Meridian City Council August 13, 2019 Page 14 of 16 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Ordinances A. Ordinance No. 19-1838: Amending Meridian City Code Section 6-3-8(D)(2), Regarding False Alarm Fees; Adopting a Savings Clause; and Providing an Effective Date. De Weerd: Item 8-A is Ordinance 19-1838. Mr. Clerk, will you, please, read this by title only. Johnson: Thank you, Madam Mayor. An ordinance amending Meridian City Code Section 3-6 -- sorry. Section 6-3-8(D)(2) regarding false alarm fees, adopting a savings clause and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Thank you for that. Council, do I have a motion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, I move that we approve Ordinance 19 -1838 amending Meridian City Code, to -- regarding false fire alarm fees and adopting the savings clause. Borton: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics De Weerd: Any item under nine? Item 10: [Amended on to Agenda] Executive Session per Idaho State Code 74- 206(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 Meridian City Council Meeting Agenda August 27, 2019 – Page 39 of 403 Meridian City Council August 13, 2019 Page 15 of 16 to be litigated De Weerd: If not, we did add an item to the end of our agenda for Executive Session. 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)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, absent; Palmer, yea; Little Roberts, yea; Bernt, yea. EXECUTIVE SESSION: (6:40 p.m. to 7:11 p.m.) De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Yes. 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. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we adjourn. Milam: Second. Meridian City Council Meeting Agenda August 27, 2019 – Page 40 of 403 Meridian City Council August 13, 2019 Page 16 of 16 De Weerd: I have a motion and a second to adjourn. All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:11 P.M. (AU O RECORD O FILE OF THESE PROCEEDINGS) a0e Zotn6j P 5�,& 1 DATEAPPROVED ATTEST Qo; P,p,E. D AuG�s T� ily U1 w CHRI JOHN - CLER E IDIAN�- IDAHO SEAL/ (::�W, IDIA IZN,+--DAHO CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 5 Project File Name/Number: Item Title: Announcements Meeting Notes: EIDIAN?- �J CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 6 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: 8/13/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/13/2019 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=291 1/1 EIDIAN,*-- I DAHJ CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 7 A Item Title: Resolution No. 19-2161 Appointing Ginni (Virginia) Hale to Seat 3 of the Meridian Arts Commission Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: M ayor DeWeerd Estimated Time for P resentation: 1 minute Title of I tem - Resolution No. 19-2161: A Resolution Appointing G inni (Virginia) Hale to S eat 3 of the M eridian Arts C ommission R esolution A ppointing Ginni (Virginia) Hale to Meridian A rts C ommission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso appointing Hale to MA C R esolution 8/6/2019 Hale Application B ackup Material 8/6/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.Weatherly, A drienne Approved 8/7/2019 - 11:08 A M L egal.J ohnson, Chris Approved 8/9/2019 - 8:24 A M Meridian City Council Meeting Agenda August 13, 2019 – Page 3 of 39 CITY OF MERIDIAN RESOLUTION NO. 8 - 2-161 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING GINNI (VIRGINIA) HALE TO SEAT 3 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-1-1 establishes the Meridian Arts Commission, its members and terms of their appointments; and WHEREAS, Seat 3 of the Meridian Arts Commission is currently vacant; and WHEREAS, the Mayor and City Council of the City of Meridian deem the appointment of Ginni (Virginia) Hale to Seat 3 of the Meridian Arts Commission to be in the best interest of the Meridian Arts Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1 Ginni (Virginia) Hale is appointed to Seat 3 of the Meridian Arts Commission, for a term to expire February 28, 2021. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2019. ADOPTED by the City Council of the City of Meridian, Idaho, this day of August, APPROVED by the Mayor of the City of Meridian, Idaho, this I day of August, 2019. APPROVED: i Mayor Ta _eer RESOLUTION APPOINTING HALE - MERIDIAN ARTS COMMISSION Meridian City Council Meeting Agenda August 13, 2019 – Page 5 of 39 Meridian City Council Meeting Agenda August 13, 2019 – Page 6 of 39 Meridian City Council Meeting Agenda August 13, 2019 – Page 7 of 39 EIDIAN?- CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 7 B Item Title: Final Plat for Burlingame No. 1 {H-2019-0080} By Engineering Solutions, LLP, Located at 1923 N. Black Cat Road Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 7.B . Presenter: Estimated Time for P resentation: Title of I tem - F inal P lat for B urlingame No. 1 (H-2019-0080) by E ngineering Solutions, L L P, L ocated at 1923 N. Black Cat Rd. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taf f R eport 8/8/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 8/8/2019 - 10:42 A M Meridian City Council Meeting Agenda August 13, 2019 – Page 8 of 39 Page 1 HEARING DATE: 8/13/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0080 Burlingame Subdivision No. 1 LOCATION: 1923 N. Black Cat Rd., in the SE ¼ of the SE ¼ of Section 4, Township 3N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 31 building lots and 8 common lots on 8.96 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: AMH Development, LLC – 280 Pilot Road, Suite 200, Las Vegas, NV 89119 B. Owner: AMH Burlingame Development TRS, LLC – 30601 Agoura Rd., Suite 200, Agoura Hills, CA 91301 C. Representative: Becky McKay, Engineering Solutions, LLP – 1029 N. Rosario Street, Suite 100, Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2018-0079 – Burlingame Subdivision) in accord with the requirements listed in UDC 11-6B- 3C.2. Because the number of buildable lots and common area is the same as shown on the approved STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 13, 2019 – Page 9 of 39 Page 2 preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 7/11/2018) Meridian City Council Meeting Agenda August 13, 2019 – Page 10 of 39 Page 3 B. Final Plat (date: 6/13/2019) Meridian City Council Meeting Agenda August 13, 2019 – Page 11 of 39 Page 4 C. Landscape Plan (dated: 6/7/19) Meridian City Council Meeting Agenda August 13, 2019 – Page 12 of 39 Page 5 D. Landscape Plan for 5403 W. Cherry Ln. (dated: 6/7/19) Meridian City Council Meeting Agenda August 13, 2019 – Page 13 of 39 Page 6 E. Subdivision Amenities (dated: 6/7/19) F. Common Drive Exhibit Meridian City Council Meeting Agenda August 13, 2019 – Page 14 of 39 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2017-0055, Development Agreement Addendum Instrument No’s. 2018-014051 and 2018- 119406). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by November 20, 2020), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions stamped on 6/13/2019 by Clinton W. Hansen, included in Section V.B shall be revised as follows: a. Include the ACHD License Agreement Instrument Number on Note #12 and in the legend. b. Graphically depict the required 25’ landscape buffer along W. Cherry Ln (Lot 1, Block1). c. The 20’ wide City of Meridian Sewer Easement currently located on the east side of Lot 11, Block 3 shall be placed entirely in a common lot and noted on the face of the final plat. 5. The landscape plan prepared by South Beck & Baird, dated 06/07/19, included in Section V.C, shall be revised as follows: a. The fencing along the pathway located on Lot 7, Block 3 shall comply with code regulation for fencing along pathways, UDC 11-3A-7A.7(b). b. The 20’ wide City of Meridian Sewer Easement currently located on the east side of Lot 11, Block 3 shall be located in a common lot. A 6’ wide, paved, micro pathway shall be constructed over said easement. On either side of the pathway shall be 4’ of grass-crete followed by 3’ of landscaping. No trees are to be planted in the landscaped strips. 6. The landscape plan for 5403 W. Cherry Ln. by South Beck & Baird, dated 06/13/19, included in Section V.D, shall be revised as follows: a. Depict and construct the required 25’ landscape buffer along W. Cherry Ln. per the standards of UDC 11-3B-7 and the requirements of the recorded Development Agreement. Match landscaping to that being done on Lot 1, Block 1. 7. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 8. Prior to submittal of a final plat for City Engineer signature, the applicant shall submit public access easements for the 10’ multi-use pathways along W. Cherry Ln. and on Lot 20, Block 3. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 9. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. Meridian City Council Meeting Agenda August 13, 2019 – Page 15 of 39 Page 8 B. Public Works Site Specific Conditions: 1. The 20’ wide City of Meridian Sewer Easement currently located on the east side of Lot 11, Block 3 shall be placed entirely in a common lot and noted on the face of the final plat. The easement shall be dedicated per General Condition No. 19 below. 2. The current design of the water main for this phase does not provide enough water pressure at the dead end in N. OConnor Ave. Applicant must extend the proposed water main in N. OConner Ave. north to the existing water main in Turnberry Subdivision No. 2, instead of waiting until a future phase makes this connection. 3. The last upstream section of any 8-inch mainline must carry a minimum slope of 0.60%. On development plan sheets S-1 and S-2 there are segments not meeting this requirement. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for Meridian City Council Meeting Agenda August 13, 2019 – Page 16 of 39 Page 9 more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. Meridian City Council Meeting Agenda August 13, 2019 – Page 17 of 39 Page 10 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Meridian City Council Meeting Agenda August 13, 2019 – Page 18 of 39 EIDIAN?DAHO- CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 7 C Item Title: Final Plat Continued from July 16, 2019 for Cherry Blossom (H-2019-0064) By Doug Jayo, Jaya Land Development Company, LLC. Located at 615 W. Cherry Lane Meeting Notes: Conil r)V d- 6 Amy us} 27, 2 019 I TEM SHEET C ouncil Agenda I tem - 7.C . Presenter: Estimated Time for P resentation: Title of I tem - F inal P lat Continued from J uly 16, 2019 for Cherry Blossom (H-2019-0064) by D oug J ayo, J ayo L and Development Company, L L C., L ocated at 615 W. Cherry Ln. C lick H ere for Application M aterials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Continuance Request 8-13-19 C over Memo 7/15/2019 Request f or Continuance E mail B ackup Material 8/9/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 8/9/2019 - 10:53 A M Meridian City Council Meeting Agenda August 13, 2019 – Page 19 of 39      Landscape Architecture ● Civil Engineering ● Graphic Communication ● Erosion Control ● Irrigation Design ● Land Planning Cc: FILE Jayo Land Development Company, Inc.   Breckon Land Design Inc. Post Office Box 44465 Boise, Idaho 83711 p: 208-376-5153 f: 208-376-6528 www.breckonlanddesign.com July 15, 2019 Mrs. Sonya Allen | Associate Planner  City of Meridian | Community Development Department  33 East Broadway Avenue, Suite 102, Meridian, Idaho 83642  Phone: 208‐884‐5533 | Fax: 208‐489‐0578    Project: Cherry Blossom Place Subdivision 615 W. Cherry Lane Meridian, ID 83642 Re: Request for Continuance On behalf of Jayo Land Development Company, Inc., I would like to request a continuance for the scheduled city council hearing on July16th to the August 13th date, due to the need to address issues with the existing irrigation ditch encroachments and to allow for the redesign and required access easements that have come from the final plat review. Should you have questions or require further information, please let me know as soon as possible. Sincerely, Breckon Land Design, Inc. Jon Breckon, PLA, ASLA, CPSI Meridian City Council Meeting Agenda August 13, 2019 – Page 20 of 39 1 Adrienne Weatherly From:Jon Breckon <jbreckon@breckonld.com> Sent:Friday, August 09, 2019 4:32 PM To:Sonya Allen Cc:Adrienne Weatherly; Charlene Way; Chris Johnson Subject:RE: Cherry Blossom - FP Attachments:Request for Continuance 190809.pdf Sonya, Please see the attached. Thank you, Jon Breckon, PLA MAIN (208) 376-5153 x102 | CELL (208)949-5153 BRECKONlanddesign.com From: Sonya Allen <sallen@meridiancity.org> Sent: Friday, August 9, 2019 9:48 AM To: Jon Breckon <jbreckon@breckonld.com> Cc: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Subject: Cherry Blossom - FP Jon, I need a request for continuance asap please. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda August 13, 2019 – Page 21 of 39 EIDIAN*,----- DAHJ CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Planning Public Hearing Outline and Presentations Meeting Notes: Changes to Agenda: • Item #7C: Cherry Blossom — FP (H-2019.0064): Applicant requests continuance to Aug. 271h in order to address issues with the existing irrigation ditch encroachments along the southern boundary of the site all time for a re- design. Item 713: Burlingame No. 1 (H-2019.0080) Application: ➢ Final Plat Size of property, existing zoning, and location: This site consists of 31 building lots on 8.96 acres of land, zoned R-8, located at 1923 N. Black Cat Road, NW of the intersection of W. Cherry Lane and N. Black Cat Rd.. History: The property received annexation and preliminary plat approval, and entered into a Development Agreement in 2018. Summary of Request: The applicant had concerns with Public Works Site Specific Conditions 2 & 3 of the staff report. Condition 2 requires the applicant to extend the water main to Turnberry Subdivision No. 2 in the north with this phase of the development as there is insufficient water pressure at the end of N. O'Conner Ave. Rather than make the water main connection with this phase, the applicant has proposed to remove the northernmost three lots (Lots 19, 20, and 21, Block 3) from the plat and this phase of the development. This would solve the water pressure issue. Staff is in support of this alternate condition. With Public Works Site Specific Condition 3, the applicant correctly identified that this condition is not applicable, as the main sewer line will extend in the future. The applicant has proposed removing the condition entirely. Staff is in support of this change. Overall, this final plat substantially complies with the approved preliminary plat. Staff is recommending approval with the alternate Public Works Site Specific Condition #2, the removal of Public Works Site Specific Condition #3, and all other conditions listed in the staff report. Written Testimony: Becky McKay, agent for the applicant — Proposed two alternate conditions and in agreement with the rest of the staff report, Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0080, as presented in the staff report for the hearing date of August 13, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0080, as presented during the hearing on August 13, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0080 to the hearing date of August 13, 2019 for the following reason(s): (You should state specific reason(s) for continuance.) Item #7D: Rackham Subdivision (H-2019-0081) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 51,59 acres of land, zoned C -G, located at 1020 S. Eagle Rd., east of S. Eagle Rd. on the south side of 1-84. History: The property was annexed in 1995 & a DA was approved earlier this year. Comprehensive Plan FLUM Designation: MU -R Summary of Request: An amendment to the recently approved DA is proposed to update the phasing plan depicted on the conceptual development plan & amend related provisions of the agreement. The amendment to the concept/phasing plan is needed because the existing plan depicts a phasing plan that is no longer feasible for the Applicant. Because a phasing plan was recently approved with the preliminary plat that is consistent with the Developer's timelines, Staff is of the opinion it isn't necessary to also include a phasing plan in the DA. Therefore, Staff recommends the phasing plan is removed from the concept plan included in the DA and phasing of the project occur consistent with that approved with the plat. This will assist in avoiding further future amendments to the DA for phasing reasons. Written Testimony since Commission Hearing: Geoffrey Wardle, Applicant's Representative (in agreement w/staff report) Staff Recommendation: Approval Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2019-0081, as presented in the staff report for the hearing date of August 13, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2019-0081, as presented during the hearing on August 13, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2019-0081 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting August 13, 2019 Alternate Conditions: Public Works Site Specific Condition 2: Remove Lots 19, 20, & 21 from the plat and this phase of development. Public Works Site Specific Condition 3: Remove condition Zoning Map Aerial MapFuture Land Use Map Applicant Proposed Concept Plan/Phasing Plan EIDIAN?- �_J CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 7 D Item Title: Public Hearing for Rackham Subdivision (H-2019-0081) By BVABC Eagle View, LLC. Located at 1020 S. Eagle Rd. 1. Request: Modification to Development Agreement to update the conceptual development plan and phasing plan Meeting Notes: rte✓ I TEM SHEET C ouncil Agenda I tem - 7.D . Presenter: Estimated Time for P resentation: Title of I tem - Public Hearing for Rackham Subdivision (H-2019-0081) by B VAB C Eagle View, L L C , Located at 1020 S . E agle Rd. C lic k Here for Applic atio n 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 taf f R eport 8/9/2019 RE V I E WE RS : Department R eviewer Action D ate Clerk.J ohnson, Chris Approved 8/9/2019 - 10:55 A M Meridian City Council Meeting Agenda August 13, 2019 – Page 22 of 39 8/13/2019 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 8/13/2019 Hearing Type: Council Item Number: 7-D Project Name: Rackham Subdivision MDA Project No.: H-2019-0081 Active: Signature Name Address t-State- IZCiy ip For Against Neutral I Wish To Testify Sign In Date/Time Alicia 1485 S Rolling Hill Dr. 8/13/2019 X X Eastman Meridian Idaho 5:41:00 PM Geoffrey 8/13/2019 251 E Front Boise Idaho X Wardle 5:48:19 PM Go Back To List I Export To Excel © 2019 - City of Meridian, Idaho http:Hi nternalapps/SIGN INFORM TOOLS/Si gnlnForm Detai Is?id=292 1/1 Page 1 HEARING DATE: 8/13/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: H-2019-0081 Rackham Subdivision LOCATION: 1020 S. Eagle Rd. (SW ¼ of Section 16, T.3N., R.1E.) I. PROJECT DESCRIPTION Request to modify the existing Development Agreement (Inst. #2019-037825) to update the phasing plan depicted on the conceptual development plan for the site and amend certain provisions in the agreement. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 51.59 Future Land Use Designation Mixed Use – Regional (MU-R) Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Commercial, office, outdoor entertainment facility, multi- family residential Current Zoning C-G Proposed Zoning NA Neighborhood meeting date; # of attendees: 6/14/2019; 7 attendees History (previous approvals) Annexed in 1995 (Ord. 719, Langley/Power Mall); H-2018- 0126 (PP); H-2019-0005 (MDA - DA Inst. #2019-037825) Meridian City Council Meeting Agenda August 13, 2019 – Page 23 of 39 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: BVABC Eagle View, LLC – 2775 W. Navigator Dr., Ste. 220, Meridian, ID 83642 B. Owner: Same as Applicant C. Representative: Geoff M. Wardle, Clark Wardle – 251 E. Front St., #200, Boise, ID 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda August 13, 2019 – Page 24 of 39 Page 3 IV. NOTICING City Council Posting Date Newspaper Notification 7/26/2019 Radius notification mailed to properties within 300 feet 7/23/2019 Radius notification published on 8/2/2019 Nextdoor posting 7/23/2019 V. STAFF ANALYSIS The Applicant proposes to amend the recently approved Development Agreement (Inst. 2019- 037825) for this property to update the phasing plan depicted on the conceptual development plan and amend certain provisions of the agreement. The proposed phasing plan is consistent with that recently approved with the preliminary plat. The Applicant’s proposed changes to the DA are included in the application documents; the specific provisions and requested amendments are included in Sections VII.C and D. Note: The format of the changes as proposed by the Applicant in the application differ slightly from that shown in Section VII.C; the City Attorney’s office will determine how to format the changes in the amended agreement. The amendment is necessary because the existing plan depicts a phasing plan that is no longer feasible for the Applicant. Because a phasing plan was approved with the preliminary plat, Staff is of the opinion it isn’t necessary to also include a phasing plan in the DA. Therefore, Staff recommends the phasing plan is removed from the conceptual development plan included in the DA and phasing of the project occur consistent with that approved with the plat. This will assist in avoiding future amendments to the DA for phasing reasons. Accordingly, Staff has included recommended amendments to the provisions in the DA in Sections VII.C and D. VI. DECISION A. Staff: Staff recommends approval of an amendment to the DA as recommended by Staff in Sections VII.C and D per the analysis above. Meridian City Council Meeting Agenda August 13, 2019 – Page 25 of 39 Page 4 VII. EXHIBITS A. Legal Description Meridian City Council Meeting Agenda August 13, 2019 – Page 26 of 39 Page 5 Meridian City Council Meeting Agenda August 13, 2019 – Page 27 of 39 Page 6 B. Existing Conceptual Development Plan & Phasing Plan Phasing Plan for Rackham Subdivision/Eagle View Landing: The following description sets forth the phasing of the various elements for Rackham Subdivision/Eagle View Landing. Each phase will satisfy the requirements of the Meridian UDC when it is constructed. Due to the significant amount of perimeter frontage of the Property, we are proposing phased completion of the buffer areas and perimeter improvements corresponding to each phase when that phase is undertaken. It is the Applicant’s intention to make the CZC, Design Review and Building Permit submittals for Phase 1 immediately upon approval of the Development Agreement, and then shortly thereafter on Phase 1A. The Phase 2 elements will follow, although the actual order of development within Phase 2 will depend upon the requirements of its users and tenants. Phase 3 will commence once the anchor medical users are committed and may proceed contemporaneously with elements of Phase 2. Phase 4 will be included and addressed in future supplemental applications addressing the elements of the seven acre parcel. We believe that this phasing plan will permit the Applicant to undertake development activities for various elements of the project in a sequential manner that will provide construction efficiencies and which will permit the sequential opening of various elements. Phase 1 and 1A development would be contemplated to commence in the Summer of 2019 and other phases to follow thereafter. Phase 1 – ICCU Building – initial office building Entrance drive improvements Buffer and improvements on parcel adjacent to Interstate Phase 1A – East Building – second office building Will be commenced after Phase 1 begins Buffer and improvements on parcel adjacent to Interstate Required improvements to shared access drive between Rackham and Silverstone Phase 2 – Retail, Entertainment, and Hospitality Elements (actual order of elements to be determined) Meridian City Council Meeting Agenda August 13, 2019 – Page 28 of 39 Page 7 Phase 2A – Commercial and retail elements east and west of entrance drive Buffer along southern boundary of Phases to be improved Phase 2B – Outdoor entertainment entity Buffer and improvements on parcel adjacent to Interstate Improvements along eastern boundary of Phase adjacent to property to east Phase 2C – Hospitality element Buffer along southern boundary of Phases to be improved Phase 3 – Medical Office and Office Buffer and improvements on parcel adjacent to Interstate Phase 4 – Future Multifamily/Commercial/Office Use parcel Improvements along eastern and southern boundary will be constructed adjacent to property to east and south when Phase is developed. Meridian City Council Meeting Agenda August 13, 2019 – Page 29 of 39 Page 8 C. Applicant Proposed/Staff Recommended Revisions to Development Agreement Note: The Applicant’s proposed revisions are noted in strike-out/underline text; Staff’s recommended change in red/bold/underline text. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are those uses allowed under the UDC, within the C-G district from time to time as permitted, accessory or conditional uses. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. In recognition of the existing development rights associated with the Property under the UDC, and the proposed scope of the initial phase of the Developer/ Owner’s corporate center consisting of the two commercial office buildings located on the northern boundary intention to initially retain control of the Property, the by undertaking development via ground leases or other financial arrangements where the Developer/Owner and Developer have been retains ownership and control over the Property fee, development efficiencies from phasing project elements in a flexible manner, and the requirements associated with extending required throughout the Property to serve all project elements, the Developer/Owner, shall be permitted to submit and to obtain design review approvals for those two buildings approval, certificates of zoning compliance for those two buildings, and building permits for those two buildings, prior to the approval of the subdivision plat for the Property any element of the project whether for infrastructure or for any buildings or for any other improvements that are contained within Phase 1 or Phase 2 (specifically any portion of Phase 2 designated as a subphase) as depicted on the attached Amended Conceptual Development and Phasing Plan for Rackham Subdivision/Eagle View Landing, consistent with the Findings, attached as Exhibit “B” and the concept plan attached Amended Conceptual Development and Phasing Plan for Rackham Subdivision/Eagle View Landing as Exhibit “C”. Staff’s recommended amendment (in lieu of that proposed by the Applicant): In recognition of the existing development rights associated with the Property under the UDC, and the proposed scope of the initial phase of the Developer/ Owner’s corporate center consisting of the two commercial office buildings located on the northern boundary of the Property, the Developer/Owner and Developer have been permitted to submit and to obtain design review approvals for those two buildings, certificates of zoning compliance for those two buildings, and building permits for those two buildings, prior to the approval of the subdivision plat for the Property, consistent with the Findings, attached as Exhibit “B” and the concept plan attached as Exhibit “C”. Future development of the subject property shall be generally consistent with the amended conceptual Meridian City Council Meeting Agenda August 13, 2019 – Page 30 of 39 Page 9 development plan attached as Exhibit C and conditions of approval associated with the preliminary plat (H-2018-0126). 5.2. No Developer/Owner shall diligently proceed with its application for a preliminary plat for Rackham Subdivision. Developer/Owner shall undertake extension of utilities and other building permits for individual buildings will be available on infrastructure as required under the UDC. Developer/Owner shall not sell any portion of the Property until the subdivision plat Plat for Rackham Subdivision is recorded. Upon Prior to the recording of a subdivision plat, additional the Plat for Rackham Subdivision, however, Developer/Owner may obtain building permits shall be available consistent with the UDC Section 5.1 above. Staff’s recommended amendment (in lieu of that proposed by the Applicant): No Developer/Owner shall diligently proceed with its application for a preliminary subdivision plat(s) for Rackham Subdivision. Developer/Owner shall undertake extension of utilities and other building permits for individual buildings will be available on infrastructure as required under the UDC. Developer/Owner shall not sell any portion of the Property until the subdivision plat Plat for Rackham Subdivision is recorded. Upon Prior to the recording of a subdivision plat, additional the Plat for Rackham Subdivision, however, Developer/Owner may obtain building permits shall be available consistent with the UDC. 5.3. The Owner and /Developer shall develop the Property in accordance with the conditions of approval contained in Findings attached as Exhibit “B”. 5.4. The developer shall enter into a cross-access easement and maintenance agreement with the abutting property owner to the south for the east/west shared driveway adjacent to the southern boundary of the site. A recorded copy of the easement agreement shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 5.5. A continuous pedestrian walkway network that is a minimum of 5-feet in width shall be provided internally within the site from the sidewalks along S. Silverstone Way and Rackham Way along the main drive aisles within the development and within the street buffer along I-84 to the main building entrances; and for drive aisle lengths greater than 150 parking spaces or 200’ away from the primary building entrances – internal pedestrian walkways should be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. 5.6. Future development of the site shall be consistent with the structure and design standards listed in UDC 11-3A-19 and the design standards in the Architectural Standards Manual. Meridian City Council Meeting Agenda August 13, 2019 – Page 31 of 39 Page 10 D. Applicant Proposed Revised Conceptual Development Plan/ Phasing Plan vs. Staff Recommended Revised Conceptual Development Plan (without Phasing Plan) Applicant Proposed: Meridian City Council Meeting Agenda August 13, 2019 – Page 32 of 39 Page 11 Meridian City Council Meeting Agenda August 13, 2019 – Page 33 of 39 Page 12 Meridian City Council Meeting Agenda August 13, 2019 – Page 34 of 39 Page 13 Staff Recommended (concept plan only - no phasing plan): Meridian City Council Meeting Agenda August 13, 2019 – Page 35 of 39 Page 14 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. Idaho Transportation Department (ITD) http://weblink.meridiancity.org/weblink8/0/doc/175333/Page1.aspx B. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/174885/Page1.aspx C. New York Irrigation District (NYID) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=174549 D. Fire Department http://weblink.meridiancity.org/weblink8/0/doc/174597/Page1.aspx http://weblink.meridiancity.org/weblink8/0/doc/174591/Page1.aspx Meridian City Council Meeting Agenda August 13, 2019 – Page 36 of 39 E IDIZNIA*,---- �J CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 8 A Item Title: ordinance No. 19-1838: Amending Meridian City Code Section 6-3-8(D)(2), Regarding False Alarm Fees; Adopting a Savings Clause; and Providing an Effective Date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Bill Nary Estimated Time for P resentation: 1 minute Title of I tem - Ordinance No. 19-1838: Amending M eridian City Code Section 6-3-8(D)(2), Regarding F alse Alarm F ees; Adopting a S avings Clause; and P roviding an Effective D ate. C ouncil Notes: Housekeeping ordinance to remove specif ic fee references from city code text and replace with ref erence to citywide f ee schedule. No change is proposed to the fees themselves. AT TAC HM E NT S: Description Type Upload D ate F alse A larm F ee O rdinance C over Memo 7/23/2019 RE V I E WE RS : Department R eviewer Action D ate L egal.J ohnson, Chris Approved 7/23/2019 - 1:54 P M L egal.Nary, Bill Approved 7/29/2019 - 7:01 P M Meridian City Council Meeting Agenda August 13, 2019 – Page 37 of 39 CITY OF MERIDIAN ORDINANCE NO. 19-1838 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 6-3-8(D)(2), REGARDING FALSE ALARM FEES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has adopted a citywide fee schedule to serve as a comprehensive list of all fees collected by the City; WHEREAS, changes to fees collected by the City of Meridian are governed by the procedures set forth in Idaho Code section 63-1311A, as well as the internal processes established by the City of Meridian Finance Department; and WHEREAS, efficiency is better served by documenting specific fees in the citywide fee schedule and related presses rather than in City Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 6-3-8(D)(2) shall be amended to read as follows: 2. Fees: In addition to reimbursement or any other remedy available to the city, the city may charge a fee for each and every false alarm after the two (2) within the calendar year, as set forth in fee schedule. as dete find by following the sehedule i..oiaw.: Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this 15 day of August, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this e day of August, 2019. APPROVED: Tammy de Weerd, Mayor ATTEST: 61 on, City Cleric ORDINANCE MOVING FALSE ALARM FEE TO FEE SCHEDULE PAGE I NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1838 An ordinance amending Meridian City Code section 6-3-8(D)(2), regarding false alarm fees; adopting a savings clause; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. Ci e ' 'an Mayor an ity Council By: Chris Johnson, City Clerk First Reading:. Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: jU Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1838 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. 19-1838 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 day of Nun Qd 52019. Wil/ I )f f � /- 'f in L.M. Nary, City Attorney ORDINANCE MOVING FALSE ALARM FEE TO FEE SCHEDULE PAGE 2 ifE,cIDIIZAN*,----, �_J_J CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 9 Project File Name/Number: Item Title: Future Meeting Topics Meeting Notes: CjQ/rE IDA-,IN� CITY COUNCIL REGULAR MEETING AGENDA August 13, 2019 Agenda Item Number: 10 Item Title: E-ecutive Session Meeting Notes: